Secret Israeli database reveals full extent of illegal settlement
Just four years ago, the defense establishment decided to carry out a seemingly elementary task: establish a comprehensive database on the settlements. Brigadier General (res.) Baruch Spiegel, aide to then defense minister Shaul Mofaz, was put in charge of the project. For over two years, Spiegel and his staff, who all signed a special confidentiality agreement, went about systematically collecting data, primarily from the Civil Administration. One of the main reasons for this effort was the need to have credible and accessible information at the ready to contend with legal actions brought by Palestinian residents, human rights organizations and leftist movements challenging the legality of construction in the settlements and the use of private lands to establish or expand them.
The painstakingly amassed data was labeled political dynamite. The defense establishment, led by Defense Minister Ehud Barak, steadfastly refused to publicize the figures, arguing, for one thing, that publication could endanger state security or harm Israel's foreign relations. Someone who is liable to be particularly interested in the data collected by Spiegel is George Mitchell, President Barack Obama's special envoy to the Middle East, who came to Israel this week for his first visit since his appointment. It was Mitchell who authored the 2001 report that led to the formulation of the road map, which established a parallel between halting terror and halting construction in the settlements.
The official database, the most comprehensive one of its kind ever compiled in Israel about the territories, was recently obtained by Ha'aretz.
Here, for the first time, information the state has been hiding for years is revealed. An analysis of the data reveals that, in the vast majority of the settlements--about 75%--construction, sometimes on a large scale, has been carried out without the appropriate permits or contrary to the permits that were issued. The database also shows that, in more than 30 settlements, extensive construction of buildings and infrastructure (roads, schools, synagogues, yeshivas and even police stations) has been carried out on private lands belonging to Palestinian West Bank residents.
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The information contained in the database does not conform to the state's official position, as presented, for instance, on the Foreign Ministry Web site, which states: "Israel's actions relating to the use and allocation of land under its administration are all taken with strict regard to the rules and norms of international law--Israel does not requisition private land for the establishment of settlements."
Since in many of the settlements, it was the government itself, primarily through the Ministry of Construction and Housing, that was responsible for construction, and since many of the building violations involve infrastructure, roads, public buildings and so on, the official data also demonstrate government responsibility for the unrestrained planning and lack of enforcement of regulations in the territories. The extent of building violations also attests to the poor functioning of the Civil Administration, the body in charge of permits and supervision of construction in the territories.
According to the 2008 data from the Central Bureau of Statistics, approximately 290,000 Jews live in the 120 official settlements and dozens of outposts established throughout the West Bank over the past 41 years.
[ ** That figure doesn't include East Jerusalem and the Golan Heights; the number would be roughly half a million counting those. --y. ** ] "Nothing was done in hiding," says Pinchas Wallerstein, director-general of the Yesha Council of settlements and a leading figure in the settlement project. "I'm not familiar with any [building] plans that were not the initiative of the Israeli government." He says that if the owners of private land upon which settlements are built were to complain and the court were to accept their complaint, then the structures would have to be moved somewhere else. "This has been the Yesha Council's position for the past years," he says.
You'd never know it from touring several of the settlements in which massive construction has taken place on private Palestinian lands. Entire neighborhoods built without permits or on private lands are inseparable parts of the settlements. The sense of dissonance only intensifies when you find that municipal offices, police and fire stations were also built upon and currently operate on lands that belong to Palestinians.
On Misheknot Haro'im Street in the Kochav Yaakov settlement, a young mother is carrying her two children home. "I've lived here for six years," she says, sounding surprised when told that her entire neighborhood was built upon private Palestinian land. "I know that there's some small area in the community that is in dispute, but I never heard that this is private land." Would she have built her home on this land had she known this from the start? "No," she answers. "I wouldn't have kicked anyone out of his home."
Not far away, at the settlement's large and unkempt trailer site, which is also built on private land, a young newlywed couple is walking to the bus stop: 21-year-old Aharon and his 19-year-old wife, Elisheva. They speak nearly perfect Hebrew despite having grown up in the United States and having settled permanently in Israel just a few months ago, after Aharon completed his army service in the ultra-Orthodox Nahal unit. Now he is studying computers at Machon Lev in Jerusalem. Asked why they chose to live here of all places, they list three reasons: It's close to Jerusalem, it's cheap and it's in the territories. In that order. The couple pay their rent, NIS 550 a month, to the settlement secretariat. As new immigrants, they are still exempt from having to pay the arnona municipal tax. Aharon doesn't look upset when he hears that his trailer sits on private land. It doesn't really interest him. "I don't care what the state says, the Torah says that the entire Land of Israel is ours."
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Two years ago, Ha'aretz reporter Amos Harel revealed that the main task given [Brig. Gen.] Spiegel was to establish and maintain an up-to-date database on the settlement enterprise.
This was after it became apparent that the United States, as well as Peace Now's settlement monitoring team, was in possession of much more precise information about settlement construction than was the defense establishment, which up to then had relied mostly on information collected by Civil Administration inspectors. The old database had many gaps in it, which was largely a consequence of the establishment preferring not to know exactly what was going on in this area. Spiegel's database contains written information backed up by aerial photos and layers of GIS (Geographic Information Systems) data that includes information on the status of the land and the official boundaries of each settlement.
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[Ha'aretz:] Who is keeping track of all of this now?
[Spiegel:] I suppose it's the Civil Administration.
[H:] Why was there no database like this before your appointment?
[S:] I don't know how much of a focus there was on doing it.
[H:] Why do you think the state is not publicizing the data?
[S:] It's a sensitive and complex subject and there are all kinds of considerations, political and security-related. There were questions about the public's right to know, the freedom of information law. You should ask the officials in charge.
[H:] What are the sensitive matters?
[S:] It's no secret that there are violations, that there are problems having to do with land. It's a complicated problem.
[H:] Is there also a problem for the country's image?
[S:] I didn't concern myself with image. I was engaged in Sisyphean work to ensure that, first of all, they'll know what exists and what's legal and what's not legal and what the degree of illegality is, whether it involves the takeover of private Palestinian land or something in the process of obtaining proper building permits. Our job was to do the meticulous work of going over all the settlements and outposts that existed then--we found what we found and passed it on.
[H:] Do you think that this information should be published?
[S:] I think they've already decided to publish the simpler part, concerning areas of jurisdiction. There are things that are more sensitive. It's no secret that there are problems, and it's impossible to do something illegal and say that it's legal. I can't elaborate, because I'm still bound to maintain confidentiality.
Dror Etkes, formerly the coordinator of Peace Now's settlement monitoring project and currently director of the Land Advocacy Project for the Yesh Din organization, says, "The government's ongoing refusal to reveal this material on the pretext of security reasons is yet another striking example of the way in which the state exploits its authority to reduce the information at the citizens' disposal, when they wish to formulate intelligent positions based on facts rather than lies and half-truths." Following the initial exposure of the material, the Movement for Freedom of Information and Peace Now requested that the Defense Ministry publish the database, in accordance with the Freedom of Information law. The Defense Ministry refused.
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Among all the revelations in the official data, it's quite fascinating to see what was written about Ofra, a veteran Gush Emunim settlement. According to a recent B'tselem report, most of the settlement's developed area sits on private Palestinian land and therefore falls into the category of an illegal outpost that is supposed to be evacuated. The Yesha Council responded to the B'tselem report, saying that the "facts" in it are "completely baseless and designed to present a false picture. The inhabitants of Ofra are careful to respect the rights of the Arab landowners, with whom they reached an agreement regarding the construction of the neighborhoods as well as an agreement that enables the private landowners to continue to work their lands."
But the information in the database about Ofra leaves no room for doubt: "The settlement does not conform to valid building plans. A majority of the construction in the community is on registered private lands without any legal basis whatsoever and no possibility of [converting the land to non-private use]." The database also gives a detailed description of where construction was carried out in Ofra without permits: "The original part of the settlement: [this includes] more than 200 permanent residential structures, agricultural structures, public structures, lots, roads and orchards in the old section of the settlement (in regard to which Plan 221 was submitted, but not advanced due to a problem of ownership)." After mentioning 75 trailers and temporary shelters in two groups within the old settlement, the database mentions the Ramat Zvi neighborhood, south of the original settlement: "There are about 200 permanent structures as well as lots being developed for additional permanent construction, all trespassing on private lands."
Yesha Council chairman Danny Dayan responds: "I am not familiar with that data."
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Beit El, another veteran settlement, was also, according to the database, established "on private lands seized for military purposes (in fact, the settlement was expanded on private lands, by means of trespassing in the northern section of the settlement) and on state lands that were appropriated during the Jordanian period (the Maoz Tzur neighborhood in the south of the settlement)." According to the official data, construction in Beit El in the absence of approved plans includes the council office buildings and the "northern neighborhood (Beit El Bet) that was built for the most part on private lands. The neighborhood comprises widespread construction, public buildings and new ring roads (about 80 permanent buildings and trailers); the northeastern neighborhood (between Jabal Artis and the old part of the settlement) includes about 20 permanent residential buildings, public buildings (including a school building), 40 trailers and an industrial zone (10 industrial buildings). The entire compound is located on private land and has no plan attached."
Moshe Rosenbaum, head of the Beit El local council, responds: "Unfortunately, you are cooperating with the worst of Israel's enemies and causing tremendous damage to the whole country."
Ron Nahman, mayor of Ariel, was re-elected to a sixth term in the last elections...When told that dozens of settlements include construction on private lands, he is not surprised. "That's possible," he says. The fact that in three-quarters of the settlements, there has been construction that deviates from the approved plans doesn't surprise him either. "All the complaints should be directed at the government, not at us," he says. "As for the small and communal settlements, they were planned by the Housing Ministry's Rural Building Administration. The larger communities are planned by the ministry's district offices. It's all the government. Sometimes the Housing Ministry is responsible for budgetary construction, which is construction out of the state budget. In the Build Your Own Home program, the state pays a share of the development costs and the rest is paid for by the individual. All of these things are one giant bluff. Am I the one who planned the settlements? It was Sharon, Peres, Rabin, Golda, Dayan."
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Most of the territories of the West Bank have not been annexed to Israel, and therefore regulations for the establishment and construction of communities there differ from those that apply within Israel proper. The Sasson report, which dealt with the illegal outposts, was based in part on data collected by Spiegel, and listed the criteria necessary for the establishment of a new settlement in the territories:
1. The Israeli government issued a decision to establish the settlement
2. The settlement has a defined jurisdictional area
3. The settlement has a detailed, approved outline plan
4. The settlement lies on state land or on land that was purchased by Israelis and registered under their name in the Land Registry.
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The Civil Administration, which was first asked for a response regarding the database more than a month ago, has yet to reply.