< em> ACRI submitted a petition to the High Court of Justice, against the demolition of houses in the Palestinian village of Wadi a”Rash located in the Alfei Menashe enclave. The demolition orders were issued for the houses of individuals who were involved in the petition in which the High Court of Justice, two months ago, ordered a change in the route of the separation barrier in the area, and strongly indicates that the orders were issued as revenge for their action against the barrier, and as a means of deterring Palestinians from involvement in any subsequent petitions
ACRI submitted a petition to the High Court of Justice (herein HCJ) on 16.11.05 against the IDF, The Civil Administration, and the zoning and planning enforcement authorities in the West Bank, to prevent the demolition of houses and agricultural buildings in the village of Wadi a’Rasha in the district of Qalqilya, to demand that detailed outline plans be prepared for the village, and that the residents be provided with a building permit. The petition was submitted on behalf of five residents of the village who have been served demolition notices for their houses, and other structures that are associated with their livelihood. ACRI Attorney Azem Bishara, who submitted the petition, also asks that the court issue an interim injunction to prohibit the implementation of the demolition orders until the completion of the petition`s hearing.
The village of Wadi a’Rasha is one of five villages that are imprisoned in the enclave created by the route of the barrier in the area of Alfei Menashe. Since the barrier was built in their area, the residents have suffered from an almost total separation from the rest of the West Bank, a fact that impacts severely on all aspects of their lives, and upon which the HCJ accepted the main elements of ACRI’s petition (calling for the dismantling of a completed section of the separation barrier in the area of the Alfei Menashe enclave) and ordered that changes be made in the route of this section of the barrier to ensure that the villages would no longer be imprisoned by its route, and to desist from causing additional isolation by other sections of the barrier. Despite the fact that the court issued its ruling, and ordered more than two months ago that the barrier must be moved in this area, nothing has been done by state agencies to physically implement the decision. Currently, in addition to the severely negative impact of the barrier on the lives of the residents, they now also have to deal with the threat of house demolitions in the village of Wadi a’Rasha, demolitions that will leave families with no roof over their head, and with no livelihood. The orders were issued after demolition notices had been served for five structures in the village including structures belonging to three of the residents who were personally involved with the submission of the petition against the route of the barrier: two of them were among the petitioners petitioning against the barrier, and the third, the head of the village council, was a signatory to the affidavit that was submitted in support of this same petition, (the two others whose homes are slated to be demolished, are the son of the village council head, and another relative). The demolition orders were served when the barrier was constructed. After the petition against the barrier in the area of Alfei Menashe enclave was submitted, the residents of the Jewish settlement of Alfei Menashe, and representatives of the Civil Administration, applied extreme pressure on the residents of the village involved in the petition, including clear hints of possible demolition orders that were liable to be served against houses in the village as a means of forcing them into withdrawing their petition. The slated timing for the execution of the demolition orders, Attorney Azem Bishara emphasizes, strongly indicates a connection between the hearings of the petition against the route of the barrier in the area, and a sudden keenness of the civil administration to deal with the legal status of the petitioners’ homes.
It should be noted, that throughout the hearings in the HCJ against the barrier in the area, the justices agreed to issue an interim injunction prohibiting the IDF from implementing the demolition orders. As a result representatives of the Civil Administration repeatedly made clear to the village council head that on the day that the ruling on the petition is issued, the validity of the interim injunction would end, and the homes would be demolished. Attorney Michael Sfard, who represented the residents in this petition on behalf of ACRI, even appealed in the name of the residents to senior representatives of the Civil Administration in the area to request a repeal of the demolition orders, but this request was denied, and the Civil Administration satisfied itself with an assurance that the orders would not be carried out for 21 days, after the ruling on the issue of the barrier. After which an additional extension was granted to allow for the submission of this current petition.
Attorney Bishara further emphasizes in the petition that the serving of demolition notices and the insistence on carrying them out is directly linked to the separation barrier and the authority`s attempts to threaten the Palestinian residents and dissuade them from taking legal steps against the barrier. Moreover, the execution of the demolition orders and the location of the structures slated to be destroyed, which are adjacent to the separation barrier, transmits a clear message to the Palestinian population, that the Israeli authorities are planning to carry out a policy of house demolitions in the seam zone (the area between the barrier and the green line) while ignoring the rights of Palestinian residents residing there, thus enabling them to complete the annexation of the land to the west of the barrier to the State of Israel. The issuance of house demolition orders for the houses of those involved in the submission of the petition against the barrier, Attorney Bishara adds, sends a clear message that “this is what will happen to anyone who dares to stand up for his/her rights and/or pursues a legal battle against the military forces and settlers in the area”. This message contravenes the basic right to free and effective access to the court system, and the defense of this right, a right that is specifically recognized in the ruling issued by the Supreme Court.
Attorney Bishara further notes that the fact that the demolition orders are directed against individuals who were involved in the submission of the petition against the barrier, is made blatantly clear by the fact that all the houses in the village of Wadi a’Rasha were built, from lack of choice, with no building permit. Which, in turn, is a direct result of the failure of the authorities to provide a detailed outline plan for the village – a necessary precondition for obtaining building permits. The serving of demolition orders against the petitioners, as opposed to the rest of the village residents, indicates an illegitimate and illegal motivation, and also indicates a direct connection between their involvement in the petition against the barrier, and the damage to their property. Attorney Bishara also states in the petition that discrimination lies at the base of the zoning and planning policy in the West Bank, as the authorities have failed to produce detailed outline plans for the Palestinian villages, whereas the state has provided detailed planning to modern standards for the residents of the neighboring Jewish settlements. Moreover, the demolition of houses and the modus operandi of the authorities contravene the provisions of international law, and represent a violation of the ownership rights of the residents.
In addition to discriminatory planning, the petition adds, one must also add selective enforcement – on the basis of national origin – implemented by the state in the occupied territories, which has worsened the situation of Palestinian residents. According to the report by Talia Sasson on the subject of unauthorized outposts, thousands of demolition orders that were issued against Jewish settlers have not been put into effect for years, whereas the authorities demonstrate great determination in the serving and execution of demolition orders for Palestinian homes. The demolitions are used as a political tool to undermine Palestinian residents of the occupied territory, which is in direct contravention of the edicts of international law designed to protect these residents.
last updated : 23/11/05
