Settlement Report: December 5, 2019

Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.

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December 5, 2019

In The Heart of Hebron, Israel Begins Starts Planning New Settlement
Targeting East Jerusalem (Center): Israel Begins Work to Triple Size of Nof Zion Settlement
Targeting East Jerusalem (South): Moving Ahead with 3 Plans to Expand Gilo
Targeting East Jerusalem (North): Plans Readied for New Settlement on Ramallah’s Outskirts
Jerusalem’s Settler-Backed Cable Car Project Challenged in High Court
Settler Leaders’ Endorse Netanyahu…and Netanyahu Govt Approves New Funds for Settlers
Israeli Government Funnels Nearly USD $270 Million of Surplus Taxpayer Funds to Settlements Each Year (in addition to regular budgets)
Joint U.S.-Israel Research Project Will Include Ariel Settlement University
Not the Onion: Israeli Govt Sold Palestinian Land to a Settler Org & Now Pays Rent to the Settlers
Settler-Run Business Council Asks US Congress to Fund Settler-Palestinian Projects
Bonus Reads

Questions/comments? Contact Kristin at kmccarthy@fmep.org

In The Heart of Hebron, Israel Begins Starts Planning New Settlement

On December 1st, acting Defense Minister Naftali Bennet announced that he had ordered the start of the planning process for a new settlement in downtown Hebron that will double the number of settlers living there. The plan calls for the demolition of the historic Palestinian wholesale market – consisting of shops belonging to Palestinians who hold the properties under what Israel has, until now, recognized as protected tenancies.

Map by Peace Now

Under the plan, the historic Palestinian market will be replaced with new structures that will include 70 new settlement units located above the new ground floor. Bennet boasted the the project will double the number of Israeli settlers living in Hebron. The site of the planned settlement is located on Shuhada Street in the heart of Hebron, a street that serves as the perhaps the clearest example of Israel’s apartheid-like military administration of the city, as detailed in a recent report by B’Tselem.

In announcing the directive, Bennett made clear the strategic and symbolic importance of the new Hebron settlement, saying it:

“will create a territorial continuation from the Cave of the Patriarchs to the Avraham Avinu neighborhood, and double the number of Jewish residents in the city.”

The plan to build a settlement at the site of the Palestinian wholesale market – which Israel closed 25 years ago following the 1994 Baruch Goldstein massacre of Palestinians worshipping at the Al-Ibrahimi Mosque (detailed history here) – is not new. In fact, it has been a goal of settlers for years, the realization of which has been because previous Israeli governments were less willing to brazenly reverse Israel’s longstanding recognition of the tenancy rights of the Palestinian-run Hebron Municipality (which built the market) and the Palestinian vendors who rent market stalls from it.

Such calculations changed following the election of President Trump and his administration’s open support for the settlers and their agenda. In November 2018, Avigdor Liberman and Ayelet Shaked (at the time the Defense Minister and the Justice Minister, respectively) worked together to issue a new Defense Ministry legal opinion, which argues that, based on claims of Jewish ownership of the land prior to the 1929 Hebron riots and massacre of Jewish residents, the state of Israel has the authority to override the tenancy rights of the Hebron Municipality to build a settlement. This legal opinion paved the way for Bennet’s announcement – long awaited by settlers – this week. In this context, the vague commitment Bennet offered as part of his decision to promote the settlements plan – in which he promised that the rights of Palestinians on the ground floor “will be preserved as they are today” – rings hollow.

Bennet and Shaked’s plan marks a significant expansion of the government’s use of the legal principle that allows Jewish Israelis to reclaim properties that were owned by Jews prior to 1948, as an extension of the Jewish right of return. Peace Now writes:

“The basis of the settlers’ demand for the establishment of a settlement in the wholesale market is that the land was owned by Jews before 1948… If the Israeli government accepts the claim of the landowners to right to return to their land taken in 1948, it will undermine the Israeli claim that the Palestinians’ right of return inside Israel need not be implemented.”

Upon Bennet’s announcement this week, former Justice Minister Shaked reminded Israelis of her role in changing Israeli legal interpretations in order to build the new settlement:

“As justice minister I worked for two years to free the land from a legal entanglement in which it was for many years, and the neighborhood had waited about a year for the defense minister’s approval. Bennett’s courageous decision will boost the Jewish community and develop the city.”

In reaction to Bennet’s order, Peace Now said in a statement:

“This is very bad news for Israel: bad morally, bad for the security, and bad in terms of the political chances for peace. The settlement in Hebron is the ugliest face of Israel’s control in the Occupied Territories. In order to maintain the presence of 800 settlers among a quarter of a million Palestinians, entire streets in Hebron are closed to Palestinians, denying them freedom of movement and impinging on their livelihoods.”

Targeting East Jerusalem (Center): Israel Begins Work to Triple Size of Nof Zion Settlement

On November 8th, the Israeli government began construction work to expand the settlement enclave known as Nof Zion, located in the middle of the Palestinian East Jerusalem neighborhood of Jabal al-Mukaber. The project will add 182 homes to Nof Zion, tripling its size and turning Nof Zion into the largest settlement enclave inside a Palestinian East Jerusalem neighborhood (surpassing the Ma’ale Zeitim settlement in Ras al Amud, on the Mount of Olives).

Ir Amim writes:

“Establishing and expanding state-backed settler enclaves like Nof Zion within Palestinian neighborhoods not only erodes the fabric of these communities, but further reinforces Israeli control of East Jerusalem and foils the possibility of a future political resolution on the city. This phenomenon is exemplified by the acceleration of settlement initiatives in the Old City Basin aimed at further embedding Israeli sovereignty of this area through a constellation of state-sanctioned residential and touristic settlement sites, as illustrated by Ir Amim’s map, ‘Settlement Ring around the Old City.’ “

May by Peace Now

Though the Nof Zion settlement currently has 91 units built, in 1994 the Israeli government originally approved plans for a total of 395 units. However, the first phase of construction bankrupted the developer and the remaining building permits were never issued. A drama ensued over the fate of the project, after a Palestinian-American made a bid to buy the development rights. His winning bid was ultimately blocked by right-wing Israelis [with a key role played by Jerusalem settler impresario Aryeh King], who objected to the sale of the property – in a Palestinian neighborhood – to an Arab. Plans then stalled.

In September 2017, rumors emerged that the government was set to issue 176 building permits for the already-approved project. According to Ir Amim, those permits were ultimately issued in April 2019.

Targeting East Jerusalem (South): Moving Ahead with 3 Plans to Expand Gilo

According to Ir Amim, the Jerusalem District Planning Committee has approved an outline plan to build 290 new units in the Gilo settlement, located in southern Jerusalem between the isolated Palestinian East Jerusalem neighbrohood of Beit Safafa and the West Bank city of Bethlehem. Ir Amim reports that the proposed new units will be built within an already built-up area of the settlement, meaning that this plan (unlike the Gilo southeast plan and/or the Har Gilo west plan) will not expand the footprint of the Gilo settlement.

According to Ir Amim:

“The plan is designated for an area in Gilo directly along the planned route of the Jerusalem Light Rail’s green line currently under construction, which will significantly ease access between the neighborhood/settlement and West Jerusalem.”

Map by Ir Amim

In approving the outline plan, the Jerusalem District Planning Committee dismissed objections to the plan by a Palestinian family that had fought to prove their ownership of the land. In fact, the committee did not even consider the petition, ruling instead that the question of ownership was beyond the court’s purview – demonstrating yet again the culpability of Israeli courts in the ongoing dispossession of Palestinians.

Additionally, on November 27th, the Local Planning Committee discussed two more plans to expand the Gilo settlement. The first plan, calls for the construction of 1,444 new settlement units in the northern part of the Gilo settlement adjacent to Beit Safafa. The second plan calls for the construction of 110 units and would, if implemented, expand the footprint of the Gilo settlement eastwards towards the West Bank city of Beit Jala. Ir Amim reports the plan is being pushed by a private company.

Ir Amim comments:

“Together all three plans will significantly increase the number of Israelis living over the Green Line in Gilo, while also extending the settlement territorially. These plans are being promoted in tandem with the massive road infrastructure developments in the area, including expansion of Route 60 as well as work on the planned route of the Jerusalem Light Rail’s green line. Road infrastructure projects are part and parcel of the settlement enterprise and are used to lay the groundwork for future settlement expansion. Not only will these developments expedite traffic between Gilo and West Jerusalem, but it will ease access between the Gush Etzion settlement bloc and Jerusalem.”

Targeting East Jerusalem (North): Plans Readied for New Settlement on Ramallah’s Outskirts

On November 28th, the news outlet Israel Hayom reported that the Minister of Construction and Housing is preparing a plan to build a new settlement in East Jerusalem at the site of the disused Atarot airport. The site is located just north of the Palestinian neighborhood of Beit Hanina and extends to the southern border of Ramallah. The plan reportedly outlines 11,000 new settlement units. If implemented, this plan would be the first new government-backed settlement established in East Jerusalem since the construction of Har Homa in the 1990s.

Map by Ir Amim

The Atarot airport site is an important commodity and it was previously promised to the Palestinians for their state’s future international gateway. Developing the site into a settlement would deprive a future Palestinian state of the only airport in the West Bank, dismember Palestinian neighborhoods in the northern part of the city, and sever East Jerusalem from a Palestinian state on this northern flank of the city (acting like E-1 on Jerusalem’s northeast flank, and like Givat Hamatos on Jerusalem’s southern flank).

The Atarot settlement plan dates back to 2007; it was pursued by the Israeli government in 2012 but shelved under pressure from the Obama administration. The plan came back into consideration in April 2017 (a few months following the inauguration of President Trump) when it was rumored to be included on Netanyahu’s master blueprint of settlements for which he was seeking U.S. approval. It was expected to be announced in May 2017 on the occasion of the Jerusalem Day celebration, but was not.

Commenting on the plan when it was under discussion in 2012, Peace Now’s Hagit Ofran observed:

“Not only that this plan might severely harm the future Palestinian State, destroying the only airport in the West Bank, but it will also cut between East Jerusalem and Ramallah at the heart of many Palestinian neighborhoods: Shu’afat and Beit Hanina in the South, Bir Nabala, Al Judeira, Al Jib, Rafat and Qalandia in the West, Ar-Ram, Dahiyat al Bareed and Jaba’ from the East, and Qalandia Refugee Camp, Kafr ‘Aqab and Ramallah from the North. It seems that what the Givat Hamatos plan is meant to do in the South of Jerusalem (to cut between Bethlehem and East Jerusalem), this plan will, god forbid, do at the North of it. The goal of this plan is clear: to prevent the possibility of a Palestinian State in the West Bank, and thus to kill the two states solution.”

Jerusalem’s Settler-Backed Cable Car Project Challenged in High Court

Led by the Israeli NGO Emek Shaveh, a coalition of architects, archeologists, and other professionals has filed an appeal to Israel’s High Court of Justice seeking the withdrawal of a settler-promoter plan to build a cable in East Jerusalem. The plan received approval from the Israeli Housing Cabinet on November 4, 2019.

Emek Shaveh explains the nature of this appeal:

“Our Claims: The plan was approved by a transitional government which was not authorized to do so; This alleged transportation plan was not assessed according to the Ministry of Transportation’s accepted standards; The decision was made based on misleading simulations…Since the High Court of Justice is unauthorized to discuss planning issues, other than the legality of the procedure, the points that were discussed in the public objection, signed by 450 people including 70 public figures, is not included in the appeal…The cable car is a grotesque idea and catastrophic for a unique city such as Jerusalem. It is unclear why the Israeli government needed to approve an irregular, controversial project at the cost of hundreds of millions of shekels in its last days. The fact that senior professionals from all the relevant fields – architects, historians, geographers, tourism specialists and archaeologists – need to turn to the High Court of Justice to prevent it shows, more than anything, that the process of approving the project was unprofessional.”

Though the appeal is limited to a procedural challenge – based on the jurisdiction of the High Court over such matters – Emek Shaveh’s objections to the plan relate to the design of the plan and the negative impact that will result if the plan is implemented. As FMEP has repeatedly covered, this Jerusalem cable car project is an initiative of the Elad settler organization (which is building a massive tourism center – the Kedem Center – in the Silwan neighborhood, which will be a stop along the cable car’s route). The scheme is intended to further entrench settler control, via archeology and tourism sites, inside the Silwan neighborhood of East Jerusalem, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. Non-governmental organizations including Emek Shaveh, Who Profits, and Terrestrial Jerusalem have repeatedly discredited the government’s contention that the cable car serves a legitimate transportation need in Jerusalem, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe impacts the cable car project will have on Palestinian residents of Silwan.

Settler Leaders’ Endorse Netanyahu…and Netanyahu Govt Approves New Funds for Settlers

On December 1st, the Israeli Cabinet approved a USD $11.5 million security package for the settlements. According to Haaretz, USD $9.9 million of the funds are allocated as a one-time grant to regional settlement councils; the remaining $1.6 million is reportedly earmarked for the construction of “first aid stations.”

In a meeting with Yesha Council leaders prior to the approval of the funds – during which the Yesha Council leaders offered their continued endorsement of Netanyahu amidst the ongoing Israeli political upheaval (in which Netanyahu is fighting for his political life and, likely, to stay out of jail) – Netanyahu promised:

“We are continuing to strengthen the settlement movement and help it. They won’t uproot us from here.”

Shortly after the cabinet’s vote, MK Ayman Odeh sent a letter to Israeli Attorney General Mandelblit requesting an inquiry into the constitutionality of the move, commenting that the sequences of events:

“raise[s] a grave suspicion of a budget allocation [was made] in exchange for a political favor.”

MK Odeh asked whether the security package had been properly reviewed by government professionals. Condemning the disbursal of funds, Odeh said:

“Netanyahu has done the two things that he loves, at the same time, is appropriating public funds for his personal benefit and expanding the settlement enterprise in order to deepen the occupation. It is unconscionable for the head of a transitional government to use the money belonging to all of us to buy the support of the heads of the Yesha Council of settlements for his public battle against the legal system. I demand that the allocation be canceled and its funds directed into the program to curb domestic violence, which has been waiting for funding since its approval in 2017.”

Israeli Government Funnels Nearly USD $270 Million of Surplus Taxpayer Funds to Settlements Each Year (in addition to regular budgets)

According to data from the Israeli Finance Ministry, obtained and analyzed by Peace Now, the Israeli government is using its surplus funding to invest in the growth and entrenchment of settlements — to the tune of nearly $270 million each year. The figure does not include regular funding that goes towards the normal maintenance and security of the settlements.

The data shows:

There has been a 50% increase in surplus funding for the settlements since 2017 (i.e. the inauguration of President Trump).
- 2017 expenditure: NIS 1.650 billion
- 2018 expenditure: 1.4 billion
- The first quarter of 2019 data indicate another increase.
The settlements receive ~12% of all Interior Ministry’s grants to all local authorities (including Israel proper), despite representing less than 5% of the total Israeli population.

The Israeli government produces these figures (which, ironically, make a hard distinction between Israel proper and the settlements – a policy of differentiation which the government is very much trying to fight) to comply with a U.S. condition on loan guarantees set in 1990s by Republican President H.W. Bush. At the time, the U.S. administration made an effort to penalize Israel for its settlement activity by deducting the amount spent by Israel for non-security-related settlement costs from the total value of U.S. loan guarantees available to Israel. The condition therefore required the Israeli government to calculate and inform the U.S. every few months regarding its settlement-related expenditures. Peace Now reports in detail on how the Israeli government makes that calculation (spoiler: it’s an estimate) and what is included in it (spoiler: it does not include all of the ways the Israeli government directly funds the settlement enterprise).

Importantly, Peace Now notes that:

“as of September 2018, following the recognition of the Trump administration in annexing the Golan Heights, the Finance Ministry stopped reporting to Americans on investment in Israeli communities in the Golan Heights. At the same time, the first quarter figures for 2019 indicate record expenditures in the settlements, with NIS 390 million (between January – March 2019), compared with an average of NIS 354 million in each quarter in 2018 (including the Golan).”

Commenting on the figure, Peace Now said in a statement:

“State figures themselves show that Israel continues to invest huge capital in developing settlements at the expense of development within Israel. The government’s decision this week to add another NIS 34.5 million in grants unique to the local authorities in the settlements indicates that the government has lost all self-regard for serving the Israeli public at large. With a transitional government on the verge of new elections and close to the end of the fiscal year, the government finds it appropriate to add millions of shekels to the indulgence that is already being given to settlement authorities that receive, according to Treasury figures, close to three times the proportion of their population.”

Joint U.S.-Israel Research Project Will Include Ariel Settlement University

Israeli Minister of Science and Technology Ofir Akunis is reportedly expected to sign an historic agreement in the coming weeks that will establish a new joint research project between American and Israeli universities which will, for the first time, include an Israeli university located in a settlement – Ariel University. Minister Akunis told told the Israeli news outlet Israel Hayom (owned by Sheldon Adelson, who not coincidentally is a key financial backer of Netanyahu, Trump, and Ariel University) that the new agreement:

“is a direct result of the American recognition of Israeli sovereignty over the Golan Heights and Secretary of State Pompeo’s declaration that the settlements in Judea and Samaria do not violate international law.”

For more analysis of the recent announcement by the Trump Administration, see last week’s Settlement Report.

Not from the Onion: Israeli Govt Sold Palestinian Land to a Settler Org & Now Pays Rent to the Settlers

Peace Now reports that the Israeli government sold unofficially expropriated (i.e., stolen) land in the Sheikh Jarrah neighborhood to the radical Amana settler organization for $262,000 (a fraction of its value). But the story gets better: the Israeli government is now paying $224,000 per year in rent to Amana – the settler organization – for use of a single floor of a building built on the land.

Map by Peace Now

The details of this Kafka-esque story – laid out below – show yet another means by which the Israeli government not only assists settlers in acquiring privately owned Palestinian land, but continues to line the pockets of settlement groups working to take more land from Palestinians.

Regarding the land Amana is now renting to the government, Israel intended to expropriate the land in question from the Palestinian Abu Ta’ah family following the 1967 war. However, the government went ahead and gave the land to the Amana settler organization, and Amana began construction on it, before the process of expropriation was complete – in effect giving the settlers what was still, legally, private Palestinian land. In order to complete the expropriation of the land from the Abu Ta’ah family – which remained the legal owner of the land and fought against the expropriation and Amana’s construction there – the government had to actually retroactively change how the plot of land was registered and sign a retroactive expropriate order.

Peace Now told Haaretz:

“After it received the land that was expropriated in a dubious process without a tender, Amana is profiting in three ways: It built a luxurious office building for itself in the midst of a Palestinian neighborhood; it also strengthens the settlement it built by bringing in Israeli visitors to the welfare office inside the Palestinian neighborhood; and has treated itself to a nice income of about a million shekels a year at our expense and with the help of state and municipal institutions.”

Settler-Run Business Council Asks US Congress to Fund Settler-Palestinian Projects

Ashraf Jabari and Avi Zimmerman, the Palestinian and Israeli co-founders of the Judea and Samaria Chamber of Commerce, recently met Members of Congress while in Washington, D.C. Their goal: to seek support and funding for their joint projects in the West Bank, in the name of supporting peace and coexistence.

Zimmerman said of the trip:

“we now embark on the implementation process by welcoming private and public investments to partner with the businesses that are generating impact for generations to come. Representatives from both Houses and parties were highly responsive, and impressed that we have already begun with strategic planning for private investments.”

As FMEP has repeatedly explained, economic “coexistence” initiatives like the Judea and Samaria Chamber of Commerce (JSCC) seek to normalize, entrench, and reward Israeli settlements while perpetuating Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Congressional support for such initiatives could mean U.S. taxpayer dollars going directly (and publicly) to the settlements.

Zimmerman and Jabari were hosted on Capitol Hill by Heather Johston, the Executive Director of the US-Israel Education Association (USIEA). The USIEA is a American evangelical group deeply involved in supporting and normalizing settlements, working in partnership with the Israeli government. It is also works with the Family Research Council to lead Congressional delegations to Israel and runs a bible camp in the Ariel settlement. Boasting of her warm relations on Capitol Hill, Johnston recently spoke to the press about her work to promote the JSCC in Congress:

“Just about everyone on Capitol Hill accepts and recognizes the unique relationship between the U.S. and Israel. It is critical that members of Congress and the Senate have a clear and all-encompassing picture of reality in Israel and how the country and its citizens relate to their neighbors. This visit by Zimmerman and Jabari to Capitol Hill not only introduces members of Congress and the Senate to a phenomenon that is not widely known about but also to untapped opportunities of advancing prosperity and stability in the Middle East.”

Commenting on Jabari and Zimmerman’s recent meetings on Capitol Hill, Rep. Cathy McMorris Rodgers (R-WA) – who led an August 2019 Congressional delegation funded by USIEA, which was hosted by Jabari in his Hebron home – told The Hill:

“Sheikh Ashraf Jabari told us the economic relationship between Palestinians and Israelis is basic, strong, and can’t be separate. In a strong bipartisan way, we should be supporting the grassroots movement for economic cooperation between Israelis and Palestinians. It’s foundational to achieve peace in the region.”

McMorris Rogers and her delegation are not the only Members of Congress who have been warming up to the concept of peace through joint economic “coexistence” schemes like the JSCC. In early March 2019, U.S. Senator James Lankford incorrectly suggested that Congress had already allocated funding for the Judea and Samaria Chamber of Congress. Despite the error, his statement signalled that there are concerted, ongoing conversations in Congress regarding economic peace schemes.

In addition to Members of Congress, Jabari and Zimmerman enjoy close and warm relations with U.S. Ambassador David Friedman, who has repeatedly met with and promoted the JSCC’s work. Amb. Friedman’s support first came into public view in October 2018 when Amb. Friedman attended an event convened by the Judea and Samaria Chamber of Commerce. Then, in February 2019, Amb. Friedman spoke about economic co-existence initiatives at a conference hosted by the JSCC and US-Israel Education Association. Speaking to the press at conference, Ambassador Friedman said the goal of the forum is to “encourage business development in Judea and Samaria, encourage the prosperity of people who live there, most of them Palestinian residents.”

Bonus Reads

“Israel Limits West Bank Farmers’ Access to Lands Near Green Line” (Haaretz)
“Forbidden: The West Bank land Israel locks away from Palestinians.” (Middle East Eye)
“100-plus Democrats sign letter criticizing new US stance on Israeli settlements” (JNS)
“ Israel Limits West Bank Farmers’ Access to Lands Near Green Line” (Haaretz)

Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.

To receive this report via email, please click here.

February 22, 2018

Caravans Move Into New Shiloh Valley Settlement
State Requests Delay of Demolitions in Netiv Ha’avot Outpost
Process Begins for Major Expansion of Gilo Settlement in East Jerusalem
Construction of New Checkpoint Near al-Walajah Proceeds, Despite Lacking Permit
High Court Issues Injunction Against Construction & Sale of Homes in Shvut Rachel “Neighborhood”
Israel Evacuates Outpost, Again
Jordan Valley Annexation?
U.S. Ambassador: “Settlers are Here to Stay”; Settler Leader Credits Trump for Settlement Growth
Bonus Must-Reads

Comments, questions, or suggestions? Email Kristin McCarthy at kmccarthy@fmep.org.

Caravans Move Into New Shiloh Valley Settlement

This week, the delayed construction of the Amichai settlement in the Shiloh Valley got a temporary fix: the Israeli Civil Administration (a branch of the Israeli Defense Ministry that is the sovereign power ruling over the West Bank) began installing 36 trailers for settlers to move into while the permanent settlement is being built. The construction of Amichau has hit many snags since the government green-lighted the project. Budgetary fights led to repeated delays, and several NGOs have filed legal petitions on behalf of nearby villages whose land the settlement will steal.

Map by Peace Now

As we have written about many times in the past, Amichai is the first of two new settlements approved by the Israeli government in early 2017 as pay-off to settlers forced to evacuate the Amona outpost by the High Court of Justice. That Amona outpost was established without authorization from the Israeli government and on private Palestinian land; the government of Israel fought for years to legalize it post-facto, but eventually was forced by the High Court to evacuate its residents (evacuation that some residents resisted violently). The establishment of Amichai clearly demonstrates that settler law-breaking not only goes unpunished, but is handsomely rewarded by the Israeli government, and that establishing illegal outposts is an effective route to establishing new settlements.

The Amona settlers have been some of the most vocal and demanding advocates for ever more concessions from the Israeli government, including the installation of these temporary mobile homes on their preferred site. With the approval of that demand, a spokesman for the Amona evacuees said triumphantly:

“Beyond the Regulation Law, the legalizing of thousands of homes in Judea and Samaria (West Bank), the establishment of a new settlement after decades of drought, the great thing that the people of Amona have achieved in their uncompromising struggle is a change in discourse and consciousness.”

Peace Now – which has filed one of the petitions against the construction of Amichai – said:

“42 families, which the court ruled had stolen private land, are extorting the government…”

State Requests Delay of Demolitions in Netiv Ha’avot Outpost

Two weeks ahead of the slated demolition of 15 structures in the Netiv Ha’avot outpost – structures built on privately owned Palestinian land – the state of Israel is urging the High Court of Justice to delay the demolition for three additional months. The reason? To allow more time for another outpost to be constructed for the settlers to move in to (plans for which were approved last week).

Map by Times of Israel

The delay will also allow more time for settlers to advance plans to save seven of the 15 structures ordered to be demolished; settlers have proposed saving the seven buildings by demolitioning only the parts of the buildings that sit on Palestinian land, leaving the rest intact.

While the Netiv Ha’avot settlers are trying to stay put, Israeli press reports this week suggest that Netanyahu has asked his Cabinet to approve a payout of millions of shekels to the settlers, in advance of their evacuation, ostensibly to to facilitate a public-relations friendly demolition of the targeted 15 structures. Cabinet ministers are now seeking funds from their ministry budgets to help fund Netanyahu’s Netiv Ha’avot bribe. The bribe money will come in addition to the estimated $14 million to $17 million it will cost Israeli taxpayers to dismantle the 15 structures slated to be demolished in Netiv Ha’avot.

Once again, the establishment of a new outpost for setters who built illegally on land recognized by Israel as privately owned by Palestinians, plus a huge financial pay-off to them, demonstrates clearly that settler law-breaking not only goes unpunished but is actively rewarded and incentivized by the Israeli government.

Process Begins for Major Expansion of Gilo Settlement in East Jerusalem

Jerusalem expert Daniel Seidemann’s NGO, Terrestrial Jerusalem, reports that the Jerusalem planning authorities met on February 21st to initiate the planning process for a new neighborhood of the Gilo settlement in East Jerusalem. The plan seeks to significantly expand the footprint of Gilo in the direction of Bethlehem (the Gilo settlement literally looms over Bethlehem; the new plan will develop the southern slope leading down into the Palestinian city). The plan calls for building 2,992 new units.

Terrestrial Jerusalem writes:

“In 1995, Israel made a commitment to the U.S. government that no additional land in East Jerusalem would be expropriated for the purposes of building or expanding settlement neighborhoods. That commitment has guided the boundaries of Israeli settlement expansion in East Jerusalem in the ensuing years. While the scope of the expropriations under this scheme will be limited, this significantly contravenes the spirit of that undertaking, significantly expanding the built-up footprint of the Gilo settlement.”

Ir Amim writes:

“The Gilo Southeast plan is yet one more link in a chain of developments designed to seal off the southern perimeter of East Jerusalem from the West Bank, nullifying prospects for a two state solution. Advancing a new plan for 3,000 units on land near Givat Hamatos indicates that the Israeli government will continue to do everything just short of taking action on Givat Hamatos to fill in any remaining gaps along the southern flank of the city.”

Construction of New Checkpoint Near al-Walajah Proceeds, Despite Lacking Permit

Map by Peace Now

The Jerusalem Municipality recently began (and has nearly completed) the construction of a new checkpoint that will further isolate and imprison the Palestinian city of al-Walajah, which is surrounded on three sides by the Israeli separation barrier. The construction of the checkpoint is going ahead despite the fact that it lacks the legally required permit and in contravention of an Israeli court order.

The new checkpoint is meant to replace the current one, located further down the road. The current arrangement allows al-Walajah residents to access an important and historic natural spring without passing through a military checkpoint. The new checkpoint will block the village’s access to the spring and it will advance the consolidation of Israeli control of the village’s only remaining access point to Jerusalem.

Terrestrial Jerusalem provides background on the spring, which is now inside of an area Israel has declared an Israeli national park, and Israeli actions to consolidate control over it:

“The move comes as part of the Municipality’s decision, supported by the government, to designate the area as an Israeli national park. The decision to move the Ein Yael checkpoint is designed, deliberately, to prevent el-Walajeh’s resident from accessing the park (for further background on the national park project, see our previous report here). Following the inauguration of the area as a national park by Jerusalem Mayor Nir Barkat and Tourism Minister Ze’ev Elkin (Likud), construction works for the relocation of the checkpoint started on February 12, 2018, without a permit being issued and in contravention of a court order requiring the Municipality to suspend all work in order to enable el-Walajeh’s residents to appeal the Municipality’s decision.”

Ir Amim further explains the drama that ensued when the Jerusalem Municipality began the construction illegally, against the orders of the court:

“On February 12, the District Committee approved a permit for construction, rejecting separate objections from residents of Al-Walaja and the Har Gilo settlement. Despite the committee granting a week for the attorney for the residents of Al-Walaja to submit an appeal, the Municipality – which initiated and is funding the multi-million shekel project – launched construction two days later. The director general of the Municipality, Amnon Merhav, personally supervised the illegal construction, refusing to halt the equipment when confronted by the residents’ attorney and Ir Amim field researcher, Aviv Tatarsky. Tatarsky was arrested and jailed on his way to work the following morning for disrupting the peace.”

Peace Now adds even more color to the late-night legal proceedings and wacky defenses that the Jerusalem Municipality deployed in order to continue the construction. In the end, the presiding judge decided to nullify the 1-week injunction to allow the construction to proceed, a ruling that accepted the Municipality’s argument that stopping the construction would endanger motorists. The judge will hear complaints filed by al-Walajah residents on March 6th.

High Court Issues Injunction Against Construction & Sale of Homes in Shvut Rachel “Neighborhood”

On February 18th, the High Court of Justice issued an injunction freezing the construction and sale of new homes in the Shvut Rachel “neighborhood” of the Shiloh settlement. Importantly, Shvut Rachel is not actually a neighborhood of Shiloh: it is located outside of Shiloh’s boundaries and is correctly termed an illegal outpost. The injunction follows a petition launched by Peace Now against the illegal construction, filed at the end of January 2018. This is not the first time Peace Now has challenged illegal/unauthorized construction in this area. The first such petition was filed in 2010, but the illegal construction was nonetheless allowed to advance in fits and starts, with the government of Israel fully aware of the crime. Now, the project is nearly complete and ready for sale. And once again, the actions of the Israeli government in allowing the illegal construction to reach this point demonstrate that settler law-breaking not only goes unpunished but pays off.

Israel Evacuates Outpost, Again

The Israeli army removed settlers from an encampment set up near the Tapuah settlement in the northern West Bank, just south of Nablus, as they have done several times over the past 5 years. Settlers reacted violently – throwing stones, burning tires, and pouring oil on roads – in order to deter the Israeli army’s dismantlement of the mobile home camp. Two Israeli youths were arrested in the incident.

After the army left, the settlers marched towards the nearby Tapuah settlement, encountering and attacking two Palestinian vehicles and a Rabbi for Human Rights activist along the way.

Jordan Valley Annexation?

The settler-aligned Arutz Sheva media outlet is reporting that the Ministerial Committee for Legislation (a committee of Cabinet members who decide if the government will support legislative proposals) will consider endorsing a bill to annex the Jordan Valley at its weekly meeting.

The bill was introduced by Likud MK Sharren Haskel, who recently said:

“The support we are receiving in the international arena from our friend the United States proves that there has not been and will not be a better time…With the support of the Likud members who demand the necessary change, with the support of the government where we have the majority needed to pass the bill, together with my friends Motti Yogev and Miki Zohar, I am proud to lead the bill to apply Israeli law in the Jordan Valley”

The Arutz Sheva report suggests the Netanyahu might block the bill from coming up for a vote (a suggestion that is likely part of the effort to pressure Netanyahu not to block it). The same report notes that the Likud-inspired annexation bill will be postponed for cabinet consideration for another week.

U.S. Ambassador: “Settlers Are Here to Stay”; Settler leader: “thank God” for Trump

Veteran Haaretz columnist Barak Ravid reported remarks made by U.S. Ambassador David Friedman during a meeting with the Conference of Presidents of Major Jewish American Organizations earlier this week. Friedman reportedly said that Israeli settlements will not need to evacuated under a U.S. peace plan, noting specifically, “the settlers aren’t going anywhere.” Given the public record of Friedman’s policy positions, this is not a surprising statement or U.S. policy manifestation.

Notably, the Trump Administration (White House and State Department) offered no substantive correction.

At the same time, the Associated Press ran a story this week (which got picked up by several major outlets including the Washington Post, TIME, ABC News, and Voice of America) quoting the braggadocious remarks of settler leader, Yaakov Katz. Katz has ties to a prominent settler organization, “Bet El Institutions,” which, as noted by Haaretz, has ties to U.S. negotiators (as in, David Friedman was the longtime leader of the U.S. fundraising arm of Bet El, and both he and the Kushner family have donated to Bet El). Hailing the “success” of the settlement enterprise in 2017, Katz quipped:

“This is the first time, after years, that we are surrounded by people who really like us, love us, and they are not trying to be objective…We have to thank God he sent Trump to be president of the United States.”

Katz also said (among other things):

“We are changing the map. The idea of the two-state solution is over. It is irreversible.”

Katz’s excitement is a marked contrast from the January reaction of the Yesha Council (the umbrella organization of municipal councils of Jewish settlements) to 2017 population growth data. The Yesha Council lamented declining growth in settlements and blamed it on what a purported “quiet freeze” on settlement construction in 2017, despite the fact that Peace Now chronicled an alarming acceleration of settlement activity in 2017.

As FMEP explained in January, 2017 Israeli government data (covering 150 West Bank settlements and outposts, but not East Jerusalem) shows that the settler growth rate has decreased for the sixth consecutive year, from 3.9% in 2016 to 3.4% in 2017 (the growth rate hit a high in 2008, at 5.8%). Even with this decline, the 3.4% settler population growth rate still outpaces Israel’s national average, which comes in at 2%. Moreover, the data show that settler population is far younger than the population inside the Green Line, with 47% of settlers being below the age of 18, compared to 27% of Israelis inside the Green Line.

Bonus Must-Reads

“Israel’s Latest Attempts to Alter Geopolitical Realities in Jerusalem” (Al-Shabaka) *This is a short policy memo drawing from a brief which will be published in March 2018.
“The End of Israel’s ‘Enlightened Occupation’ “ (+972 Mag)
“Netanyahu’s Real Crime: Plundering Land from Palestinians” (Al-Monitor)
“Netanyahu’s West Bank Annexation Talk Was No Gaffe” (American Conservative)

FMEP has long been a trusted resource on settlement-related issues, reflecting both the excellent work of our grantees on the ground and our own in-house expertise. FMEP’s focus on settlements derives from our commitment to achieving lasting Israeli-Palestinian peace, and our recognition of the fact that Israeli settlements – established for the explicit purpose of dispossessing Palestinians in the West Bank and East Jerusalem of land and resources, and depriving them of the very possibility of self-determination in their own state with borders based on the 1967 lines – are antithetical to that goal.

Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.

To receive this report via email, please click here.

July 21, 2017

In Jerusalem’s North: The “Adam-Neve Ya’akov” Plan Resurfaces
In Jerusalem’s South: The “Gilo Southeast” Plan Expected to Advance
In the Shadow of Jerusalem’s Old City: Settler-Run Visitor Center is Approved
In the Heart of East Jerusalem: Alarming Plans Advance As Expected
U.S. Department of State: Settlements & Settlers Provoke Violence
Settlement Outpost Near Bethlehem is Angling to Avoid Demolition
Court Wants Settlers/Palestinians to “Negotiate” Land Theft Ex-Post Facto
Bonus Reads

Comments, questions, or suggestions? Email Kristin McCarthy at kmccarthy@fmep.org

In Jerusalem’s North: The “Adam-Neve Ya’akov” Plan Resurfaces

The Israeli Construction & Housing Ministry announced impending plans for a 1,100 unit housing project to Jerusalem’s immediate northeast.

Map by Ir Amim

The plan aims to connect large settlements in East Jerusalem (Neveh Ya’akov and Pisgat Zeev) with an isolated settlement in the West Bank (Adam, aka Geva Binyamin). The land identified for the project is within the municipal boundaries of Adam, but on the Israeli side of the separation barrier (the route of the separation barrier in this area cuts deep into the West Bank). If implemented, the Adam settlement would have built up areas on both sides of the barrier.

Israeli Housing Minister Yoav Galant’s office issued a statement explaining, “We will be everywhere that it is possible to build and to provide solutions to the housing shortage, particularly, as in the case of Adam, in the vicinity of Jerusalem. In Greater Jerusalem, there is also particular security importance in Israeli [territorial] contiguity from the Gush Etzion Bloc in the south to Atarot in the north, and from Ma’aleh Adumim in the east to Givat Ze’ev in the west.”

Ir Amim writes that the plan would, “further fracture a future Palestinian state by… breaking contiguity from north to south… while isolating the southern perimeter of Ramallah from East Jerusalem, the future capital of the Palestinian state. Advancing a project of this size, given its extreme geo-political ramifications, would have a fatal impact on the two-state solution.”

The same plan was developed in the early 2000s and explored in 2007 and again in 2008, but shelved because of its political sensitivity and international concern for the future of Jerusalem and the prospects for a two-state solution. Jerusalem expert Daniel Seidemann of Terrestrial Jerusalem writes, “What is different now than in the past is talk of the plan comes in the context of an opening of the settlement floodgates in East Jerusalem, including green lights and expediting of plans the implementation of which, for any number of reasons, in the past was far-fetched or even inconceivable. Consequently, it is important to flag this scheme as early as possible, and to monitor in vigilantly.”

In Jerusalem’s South: The “Gilo Southeast” Plan Expected to Advance

Map by Ir Amim

The Israeli government is set to advance a plan to expand the borders of the Gilo settlement (between Jerusalem and Bethlehem) in order to build 3,000 new units. This plan, called “Gilo Southeast,” is expected to be considered at a meeting on July 26th.

If implemented, Gilo Southeast would further surround the Palestinian city of Beit Safafa, severing the town from the West Bank. An area of intense Israeli settlement infrastructure growth (a settler-only freeway divides the community, and the area has been the focus of demolitions of Palestinian homes), Beit Safafa’s Palestinian residents describe a life under siege.

Gilo Southeast is just one of several alarming plans threatening to sever Palestinian contiguity between East Jerusalem and the southern West Bank:

Gilo Southeast would abut the border of the Givat Hamatos doomsday plan, which is only waiting for the publication of tenders to begin construction. The Givat Hamatos plan has remained blocked under the previous political calculations, but can be tendered at any moment.
The plan would also connect Gilo to Har Homa, a fast growing settlement that was built with the Netanyahu’s approval in 1997 – the last official settlement to be built until the recent approval of the Amichai settlement.

Ir Amim writes that Gilo Southeast would create “one more link in a chain of developments designed to seal off the southern perimeter of Jerusalem from the West Bank, nullifying prospects for a two state solution.”

In the Shadow of Jerusalem’s Old City: Settler-Run Visitor Center is Approved

Map by Emek Shaveh

Last week the controversial Visitor’s Center in the Palestinian neighborhood of Silwan (known to Israelis as the “City of David” and located just outside the walls of Jerusalem’s Old City in the shadow of the Temple Mount/Haram al-Sharif) took another important step forward in the final stages of the planning process. According to the Israeli NGO Emek Shaveh, the plan “awaits final approval by the Israel Antiquities Authority, which will only be granted once the archaeological excavations at the site are completed. In our assessment this should happen soon.”

Known as the “Kedem Center,” the building is being financed and promoted by the settler-run Elad Foundation, whose goal is to establish Jewish hegemony over all of Jerusalem (i.e. erase all Palestinian presence, history, and any visibility in the city). The Center will be the largest, state-of-the-art tourism center in Jerusalem and will also serve as a station for the new cable car line approved this year, a cable car line that is designed to facilitate tourists visits to Jewish sites in East Jerusalem while preventing tourists from encountering Palestinians.

Emek Shaveh issued a statement saying, “this project will change the landscape in the area between the Old City and the village of Silwan, and will have a considerable impact on the identity of the Historic Basin. The purpose of the Kedem Center is first and foremost political – to Judaize Silwan and prevent a political solution for Jerusalem.”

The Jerusalem Post reports the Kedem Center plan was approved by Prime Minister Netanyahu as a defiant gesture following UNESCO’s decision to designate sites in Hebron as World Heritage Sites, which Netanyahu incorrectly says deny Jewish history.

In the Heart of East Jerusalem: Plans Advance as Expected

In addition to the north, south, and center settlements plans detailed above, previously reported settlement plans targeting East Jerusalem were all approved for deposit for public review at a government meeting last week. We reported extensively on these in our last edition, here. The plans approved for deposit for public review include the incendiary plans in the Palestinian East Jerusalem neighborhood of Sheikh Jarrah, and more.

Though the plans were all approved for deposit for public review, as of this writing none have been deposited (yet). Like almost every step in the Israeli settlement planning process, actually depositing the plans for public comment is itself a political decision.

U.S. Department of State: Settlements & Settlers Provoke Violence

In the recently released 2016 Country Reports on Terrorism, Secretary Tillerson’s State Department writes, “Continued drivers of violence included a lack of hope in achieving Palestinian statehood, Israeli settlement construction in the West Bank, settler violence against Palestinians in the West Bank, the perception that the Israeli government was changing the status quo on the Haram Al Sharif/Temple Mount, and IDF tactics that the Palestinians considered overly aggressive.” [emphasis added]

Notably, the 2015 Country Reports on Terrorism (an Obama Administration document) did not focus on the role of settlements or identify settlements/settlers as a “driver of violence.” The 2015 document simply noted a handful of terrorist incidents, including the trend of “price-tag attacks,” committed by settlers and committed by Palestinians near settlements.

Settlement Outpost Near Bethlehem is Angling to Avoid Demolition

A settlement outpost near Bethlehem – built illegally even under Israeli law – is fighting a decision by the Israeli Supreme Court to demolish 17 buildings that were found to have been built on land owned by Palestinians. A 2016 decision ruled that buildings in the center of the outpost sit partially on Palestinian land and must be demolished by March 2018. The NGO Yesh Din has an additional, broader petition before the High Court that seeks to prove that the whole outpost is on Palestinian land.

Map by Peace Now

The Netiv Ha’avot outpost was built in 2001 as an additional “neighborhood” of the Elazar settlement southwest of Bethlehem, but was in fact built on a hilltop near the outskirts of the settlement, on land located beyond the settlement’s borders. Forty Israeli settler families currently live there, 15 of which will be affected by the demolition orders.

The outposts’ residents are aggressively pressuring Prime Minister Netanyahu to intervene in their favor (Netanyahu has already caved to vociferous settler protests several times this year). At a demonstration in support of the outpost, signs read “This destruction too is on your watch” (referring to the Amona evacuation) and “Bibi wake up and intervene.”

Court Wants Settlers/Palestinians to “Negotiate” Land Theft Ex-Post Facto

The Israeli Supreme Court made an unusual move to try to avoid having to return private land to Palestinians. The ruling pertains to a case in the Jordan Valley, where the Israeli military seized Palestinian private land for military uses, and subsequently (and improperly, according to Israeli law) gave the land to settlers. Rather than compel the settlers to return the stolen land to its owners, the court wants the Palestinians to negotiate with the settlers for compensation. The court’s move – which is in response to a 2013 petition – is an attempt to resolve the issue without having to rule on the validity of the land seizure, and without having to compel Israel to forfeit the land and evict the settlers (even if doing so requires suspending even the pretense of the rule of law).

Haaretz explains how we got here, “After the Israeli occupation of the West Bank began in 1967, the army issued an order prohibiting Palestinians from entering the area between the border fence and the Jordan River. At the beginning of the ‘80s, the government decided to encourage farmers to work the fields to create a buffer zone with Jordan. The World Zionist Organization was given the land and leased it to settlers.”

Bonus Reads

“In Israel’s ‘eternal capital’ anti-Palestinian discrimination is built-in” (July 16, 2017; +972 Mag)
“Black is the New Orange: 30% of Settlers are Haredim” (July 18, 2017; Times of Israel)
“Why Adelson is Pouring Millions of Dollars Into an Army-run Israeli University in the West Bank” (July 19, 2017; Haaretz+)
“The Biggest Attack in Jerusalem” (July 18, 2017; Haaretz+)
REPORT: “Insurance against political risk: Settlements and the Yanai governmental insurance corporation” (Akevot, July 21, 2017)

Overview: “Archival records, now declassified at Akevot’s request, tell the story of the financial safety net Israeli government provided for commercial companies and settlement agencies beyond the Green Line. Referred to as a “political guarantee” or “political insurance”, it protected settlers and investors in the occupied territories against such “political risks” as Israel’s evacuation from the occupied territories, policy changes or boycotts. As use of the government guarantees gradually expanded, a government insurance corporation was created, to sell insurance policies against these political risks. This is the story of the political guarantee in the occupied territories and the Yanai insurance corporation.”