Jerusalem envelope imprisons residents of Hirbat al-Wata

ACRI submitted a petition to the Supreme Court in the name of a Palestinian family calling for the dismantling of a section of the barrier that is part of the “Jerusalem envelope” or, alternatively, the provision of permanent Israeli residency status for Palestinians residing in the territory that has been annexed to Israel. The mother of the family died in the arms of her son and grandson who were forced to carry her to the nearest hospital as no ambulance can be called to the enclave.

ACRI submitted a petition to the Supreme Court at the end of last week on behalf of the Jado family who live in Hirbat al-Wata, south east of the Gilo neighborhood in southern Jerusalem. The petition asks the court to order the dismantlement of a section of the barrier that is adjacent to the family home, which imprisons them in the enclave and seals them off from all sides: from the West Bank by the separation barrier, and from Israel by road 60 (the tunnel road), which is prohibited to Palestinian vehicles. The petition, which was submitted by ACRI Attorney Oded Feller, states that life for the family members has become untenable and that they must therefore be provided with viable access to the city of Bethlehem, or, alternatively, the family must be provided with permanent residency permits which will allow them regularized passage into Israel.

The Jado family has been living in Hirbat al-Wata since the 1950s, along with three other families consisting of 35 individuals, 12 of whom were granted permanent Israeli residency status. In 1967, after the Six Day War, the Hirbat al-Wata land was annexed to Jerusalem and placed under the city’s jurisdiction. Despite this, the Jado family was not granted permanent Israeli residency status, and was not even provided with municipal services even though they have consistently paid city taxes. These residents have depended on Bethlehem and the small communities in close proximity to them, for all aspects of their daily lives. The “Jerusalem Envelope”, that was authorized in 2002, and whose construction was completed in July 2005, cut off the residents of Hirbat al-Wata from Bethlehem, and they were concomitantly denied access to Jerusalem. Only after repeated appeals by ACRI did the family receive temporary entry permits to Jerusalem, which state that they live in Bethlehem.

The isolation of the Jado family critically undermines all aspects of their lives. Apart from their dependency on specific permits, which have to be renewed every three months, every passage from one side to the other for the purpose of work, health services, or food purchases, involves long delays, significant financial outlay, and in some cases humiliating treatment by the Israeli Border Police. In addition, the family is denied access to Bethlehem during periods between permit allocations, or when the West Bank is under closure. There are no medical services in Hirbat al-Wata, and the family members who are not insured by the Israeli state health insurance are not entitled to the Israeli emergency health services. A Palestinian ambulance can only enter the area with special authorization and with prior notice, which is not possible in an emergency situation. As a result, one of the petitioners, who suffered a heart attack, was forced to walk a distance of two and a half kilometers to the nearest hospital. Upon arrival he suffered an additional heart attack, lost consciousness, and stopped breathing, and was saved only by emergency medical intervention. His mother, who also suffered a heart attack, did not survive the difficult journey to the hospital. She had to be carried by her son, the one who suffers from a weak heart, and her grandson, through an opening in the barrier, which, at that point, still existed, and which has since been closed off completely. After they passed through the opening she died in their arms, and they carried her body to the hospital in Beit Jala.

Attorney Feller states in the petition that the route of the barrier in the area has converted the family`s place of residence into a ghetto, and has imposed untenable living conditions upon them. These severe violations are prohibited both by international law and by Israeli law. This section of the barrier, he continues, severely violates the family’s right to freedom of movement, a livelihood, a dignified existence, education, health, family life, and connection to their family members who live in close proximity to them in the West Bank. They are entitled to move freely only within the confines of the enclave whose territorial space is limited, and any attempt to enter Jerusalem is dependent on the attainment of temporary permits and passage through problematic checkpoints. Attorney Feller adds that this phenomenon is prevalent in a number of other enclaves along the Jerusalem municipal borders. In order to cease the severe violation of the rights of these residents, the section of the barrier adjacent to their homes must be dismantled and they must be provided with a viable route to Bethlehem. Alternatively, and if the petitioners have no other choice, they must be provided with permanent Israeli residency status.

last updated : 13/02/06