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UN report shows that, in contrast to the tight restrictions placed on Palestinian construction in Area C, the Civil Administration's regulations allow settlements to proliferate.

By Akiva Eldar

While the government and Knesset search for ways to legalize illegal construction in the settlements, the Civil Administration has stepped up its enforcement activities against illegal construction in Palestinian villages in Area C, which is under Israeli civil and security control.

While the settler population number over 300,000 - more than double the number of Palestinians living in the same area – the number of cases opened against settlers for unlicensed construction over the past year is less than a third the number of cases opened during the same period against Palestinians.

According to a map of illegal construction attained by Dror Etkes, who has been tracking the growth of West Bank settlements for years, there are 19,266 cases of unlicensed construction – only 5,992 (31%) of them against settlers. The number is 238 higher than last year.

According to data compiled by Brig. Gen. (Res.) Baruch Shpigel for Defense Minister Ehud Barak in 2007, based on official data from the Civil Administration, unlicensed construction and building on Palestinian-owned land is in almost every settlement. Most of the settlement of Ofra is built on Palestinian land.

In recent months, the Civil Administration has intensified demolitions of unlicensed Palestinian buildings in the Hebron Hills area, and an increase in the number of demolition orders and stop-work orders pending against them, including a demolition order for a school and a seizure order for a van used to transport teachers.

According to a report by the UN Office for the Coordination of Humanitarian Affairs (OCHA) on Area C in 2009, in contrast to the tight restrictions placed on Palestinian construction in Area C, the Civil Administration's regulations allow settlements to proliferate.

"Though it has failed to sufficiently plan for Palestinian villages in Area C, it has approved detailed plans for almost all Israeli settlements located in the West Bank. Also, while Palestinians are excluded from the planning process, settlements
participate fully in planning and zoning activities and are generally responsible for enforcement activities within settlement areas," the report reads.

The report also noted that settlement construction had far-reaching consequences for the Palestinian population, including a reduction in the area available for use and development.

Other reports by OCHA and the nonprofit group Bimkom in recent years have emphasized that the Palestinians living in Area C suffer discrimination regarding building permits. According to Civil Administration data obtained by Bimkom, out of 1,426 planning applications submitted by Palestinians living in Area C between 2007 and 2010, just 106 were approved, and only 64 permits were eventually granted.

OCHA's report notes that, due to their inability to legally attain building permits, many Palestinians had ceased to submit planning requests and had built without permits, despite the danger of demolition. The report notes that the difficulties in attaining building permits, including permits for more basic infrastructure works, make it difficult for donor countries to provide basic humanitarian aid to some of the most vulnerable and weakest communities in the West Bank.

The World Bank noted in one of its reports that Israel's continued control over planning and construction in Area C had become an increasingly severe limitation on Palestinian economic activity.

Two weeks ago, representatives of four villages in Area C submitted a request to join the legal petition of the village of Dirat-Rafiah against Defense Minister Barak, requesting to cancel the demolition orders issued against their inhabitants.

The suit, filed jointly with the organizations Rabbis for Human Rights, the Jerusalem Legal Aid and Human Rights Center, the Israeli Committee against House Demolitions and the Catholic Center for Human Rights, claimed that Israel does not formulate master plans for these communities, rejects plans that are submitted by their residents, yet despite its failure to adequately plan for the growth of the communities, it continues to issue and enforce stop-work and demolition orders.

The suit claimed that Israel has assumed the planning authorities and rights which belong to the protected population and granted them to the occupying population, inside of occupied territory and while nullifying the possibility of setting up special planning councils for Palestinian cities and villages.

While the settlers have 20 local planning councils, none of the Palestinian towns and villages in Area C has their own planning councils.

In response to an inquiry concerning data showing that cases against illegal Palestinian construction triple those discussing violations by settlers, as well as OCHA's claims that these represent an anti-Palestinian policy, Haaretz was referred by the IDF's Coordinator of Activities in the Territories to its response to an upcoming OCHA report.

In it, the IDF's Coordinator of Activities in the Territories rejects OCHA's claims, adding that, despite a complex security situation and the threat of terror, Palestinians have been experiencing a increase in their quality of life. The IDF added that OCHA's data regarding the extent of demolitions being funded by donor countries are inaccurate, refusing to respond on claims of discrimination against Palestinians regarding the ratio between demolition orders and construction permits.