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Rabbis For Human Rights: The Annual Report 2012-2013

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several major achievements.<br />

<strong>The</strong> most notable include:<br />

Returning the residents of Bir El<br />

‘Id to additional caves. Even after<br />

RHR returned the residents of Bir<br />

El ‘Id in 2009 to their village, from<br />

which they had been expelled<br />

for almost ten years because of<br />

army backed settler intimidation,<br />

the army has continued to issue<br />

demolition orders on everything<br />

they attempt to build, and say that<br />

even some of the original caves<br />

remained off limits. RHR therefore<br />

celebrated as we returned villagers<br />

to five additional caves, a water<br />

cistern and two animal pens RHR<br />

argued that these lands were part<br />

and parcel of the lands we had<br />

already agreed on in 2009.<br />

Palestinians resumed farming<br />

in areas where they had long<br />

been denied access due to army-<br />

backed settler intimidation in the<br />

Shilo Valley. This success means<br />

that for now the unauthorized<br />

hilltop outposts of Esh Kodesh and<br />

Akhia will again be surrounded<br />

by Palestinian worked fields. RHR<br />

submitted a High Court appeal on<br />

behalf of a land owner in Jalud<br />

to return 256 dunams of land<br />

surrounding Esh Kodesh. Not only<br />

had settlers enforced an expanding<br />

“forbidden zone” year after year,<br />

but in 2011 they actually planted<br />

a vineyard on some of these<br />

lands. Most of the human rights<br />

violations RHR deals with in the<br />

Occupied Territories take place<br />

in Area C (the areas still under<br />

full Israeli control, accounting for<br />

some 60 percent of the total area<br />

of the West Bank). Incredibly the<br />

settlers even blocked access to<br />

lands in Area B (under Palestinian<br />

civil control, but Israeli military<br />

control). Under pressure from<br />

the pending appeal the Legal<br />

Advisor closed the area to Israelis<br />

and ordered that the Palestinian<br />

land owner could access his land<br />

in coordination with the Israeli<br />

army. RHR again<br />

RHR <strong>2013</strong><br />

14<br />

had to pressure the army when<br />

its procrastination almost made<br />

Fawzi Ibrahim miss the planting<br />

season for winter wheat and lose<br />

his investment in seeds. On the first<br />

day the reluctant security forces<br />

were not adequately prepared<br />

to deal with settler opposition,<br />

and ordered the Palestinians out<br />

of the fields. On the second day,<br />

despite primarily female settlers<br />

with babies doing everything they<br />

could to block the tractors, Fawzi<br />

finally plowed most of his land<br />

and sowed his wheat. He has not<br />

yet been allowed into the vineyard<br />

because of a settler appeal, and on<br />

the day he plowed, he discovered<br />

an additional vineyard. An indepth<br />

Channel 2 Television expose<br />

broke the story to the Israeli public,<br />

including the connection with<br />

the ongoing attacks on Kusra (see<br />

above in the OT Field Department<br />

report).<br />

Settlers are increasingly filing<br />

appeals against decisions by<br />

the OT Legal Advisor in order to<br />

delay justice; and accordingly<br />

the failure of such an appeal this<br />

year is particularly significant. In<br />

2006 RHR took on the case of<br />

five families (300 people) who<br />

had been forced off their own<br />

land after their livestock had been<br />

poisoned and after they could<br />

no longer endure the harassment<br />

and physical threats posed by the<br />

radical settler Yaakov Talia, who<br />

set up the unauthorized outpost<br />

he named “Lucifer’s Farm.” In<br />

early <strong>2012</strong> the army closed the<br />

area and announced that the<br />

Palestinian families could return<br />

to working their lands. Talia<br />

appealed the High Court decision<br />

but this year requested to cancel<br />

his claim because he understood<br />

that the law was not on his side.<br />

However, he reserved the right to<br />

appeal again, pointing out that if<br />

the State adopts the Edmund Levi<br />

Committee recommendations, the<br />

law will be on his side. <strong>For</strong>mer<br />

High Court justice Edmund Levi<br />

was appointed by Prime Minister<br />

Netanyahu to head a commission<br />

searching to legalize the building<br />

of settlements on land which the<br />

Israeli government recognizes as<br />

privately-owned Palestinian land.<br />

Noting the fact that there were no<br />

Palestinians on this commission<br />

and wondering whether the<br />

effect on Palestinians was at all a<br />

consideration in the deliberations,<br />

RHR submitted a position paper<br />

documenting village by village the<br />

many ways, beyond the obvious<br />

theft of land, in which the existence<br />

of outposts leads to human rights<br />

violations in the villages where<br />

we work. We also submitted an<br />

extensive section based on Jewish<br />

sources dealing with the image of<br />

God, double standards, property<br />

rights of non-Jews in the Land of<br />

Israel, and the inevitable injustice<br />

created when a group holding<br />

power appropriates for itself the<br />

“burden“ of determining how to<br />

be just towards the powerless and<br />

voiceless.<br />

Last year, we reported that we<br />

had managed to temporarily<br />

freeze the demolition of solar<br />

power installations at Imneizel<br />

village in the South Hebron Hills<br />

following our legal work and<br />

immense international pressure.<br />

Recently, the Israeli authorities<br />

requested that we withdraw our<br />

legal appeal as they decided that<br />

the demolitions were not going to<br />

take place at all.<br />

In response to an RHR petition<br />

demanding that the Israeli army<br />

protect Palestinian property<br />

and possessions, the army was<br />

ordered to pay compensation to<br />

elderly Palestinian land owners<br />

directly underneath the Bat<br />

Ayin settlement, who suffer<br />

repeated attacks and damage to<br />

their 60 year old olive trees in<br />

“Price Tag” attacks. However,<br />

the army made it clear<br />

that the compensation<br />

was not an admission of <br />

responsibility, and refused to take<br />

any additional steps to protect<br />

the farmers and their trees. With<br />

all of the positive improvements<br />

in safe agricultural access after<br />

RHR’s 2006 High Court victory,<br />

this is but one of example of<br />

how authorities have not fulfilled<br />

additional stipulations of the<br />

decision ordering security forces<br />

to protect Palestinian farmers<br />

and to bring people to justice.<br />

RHR therefore took this case to<br />

the Israeli High Court, which in<br />

February <strong>2013</strong> gave the security<br />

forces 60 days to explain why they<br />

were not doing more to protect the<br />

landowners.<br />

<strong>The</strong> Assad family from the village<br />

of El-Khader (between Alon Shvut<br />

and Elazar), has been plagued by<br />

constant settler harassment and<br />

land encroachment. <strong>The</strong> extremist<br />

settler organization Women in<br />

With our intervention, the family now is able<br />

to access lands that had been inaccessible for<br />

more than a decade.<br />

Green repeatedly has trespassed<br />

on these lands where they have<br />

planted saplings, olive trees and<br />

even erected several benches with<br />

plaques in honor of the donors.<br />

<strong>The</strong> Civil Administration in Beit<br />

El heeded our request that the<br />

area be closed to Israelis in order<br />

to prevent further incursions into<br />

the lands and ordered the army to<br />

remove the trees planted.<br />

Since the Second Intifada, the<br />

Hajaja-Jabarin family, whose<br />

lands are adjacent to Tekoa, has<br />

been subjected to constant land<br />

closures by the army, attacks by<br />

neighboring settlers on both person<br />

and property, and attempts to<br />

appropriate land by planting trees.<br />

RHR submitted several requests to<br />

the Civil Administration that it take<br />

action against the settlers and the<br />

army. With our intervention, the<br />

family now is able to access lands<br />

that had been inaccessible for<br />

more than a decade.<br />

RHR is appealing the decision to<br />

allow the family to access their<br />

lands only by prior coordination<br />

with the Civil Administration and<br />

is demanding free access to these<br />

lands.<br />

15 RHR <strong>2013</strong>

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