A/HRC/40/42
took over most of their lands in 2010. The legalization of Adei Ad outpost would send a
concerning signal of rewarding violent behaviour.
34.
In January 2018, the Israeli Minister of Defence declared his intention to legalize the
outpost of Havat Gilad/Gilad Farm, 60 established on some 450 dunams of land belonging to
Palestinians from the villages of Far’ata, Tal and Jit. According to residents and human
rights organizations, the settlers expanded their outpost through violence and vandalism,
with no demolitions of the illegal structures since 2003.61 A Palestinian man from Far’ata
recounted how the outpost gradually expanded onto his land and how settlers made access
to his land more difficult, including by attacks, the construction of two structures on his
land and destruction of trees. Eventually, the Israeli Civil Administration imposed rules
allowing him to access his land only twice a year. This greatly reduced his ability to protect
his land from vandalism and theft, and to rehabilitate the land and damaged trees. 62
According to the farmer, settlers destroyed trees and stole the fruit, so that there was
nothing to harvest when he was granted access.63 As of 31 October 2018, the legalization of
Havat Gilad had not moved forward.
35.
The Israeli military began closing off Palestinian farmlands and denying Palestinian
farmers access to their own lands around 2000, purportedly to maintain public order and to
protect them from frictions caused by settlers in such areas. Despite an Israeli Supreme
Court ruling of 2006 stating that military commanders should refrain from closing areas in
a manner that prevented Palestinian inhabitants from accessing their land for their own
protection, 64 the military continues to close these farmlands, under the pretext of
establishing a “coordination mechanism”.65 In practice, the “coordination mechanism” acts
as a tool for placing restrictions on the Palestinian farmers, severely violating their rights to
property, food and freedom of movement. 66 Palestinian farmers are forced to plant crops
that do not require constant tending and are unable to maximize the economic potential of
their land. Moreover, the lack of access throughout most of the year and the absence of
continuous cultivation impede the farmers’ capacity to minimize potential damage caused
by extreme weather, fires or vandalism.
36.
Approximately 90 Palestinian communities own land within or near 56 Israeli
settlements and settlement outposts where “prior coordination” is now required to access
the land. The coordination mechanism, run by the district coordination offices, is
purportedly designed to allow Palestinian farmers to cultivate their lands that are located
near settlements, or where settlements are built on their grounds. In reality, Palestinians are
usually allowed to access their land only twice a year, during the harvest and ploughing
seasons, for a limited and pre-set number of days. Although these procedures have the
stated aim of protecting Palestinian farmers and their property, 26 settler attacks resulting in
injuries or property damage were recorded in coordination areas in 2018. 67 Furthermore, the
military often denies Palestinians even the limited access afforded by the coordination
mechanism.68
37.
Palestinian farmers’ access to their private land near settlements is also restricted
and denied by the civilian security coordinators who operate in the Israeli settlements and
outposts in the West Bank. These coordinators are usually residents of settlements and
60
61
62
63
64
65
66
67
68
The decision was reportedly in response to a murder of a resident of the outpost. Peace Now, “Why
Israel must not authorize the Havat Gilad outpost”, 1 February 2018.
B’Tselem, “Adding insult to injury: Israel officially recognized Gilad Farm settlement outpost”, 27
February 2018.
In 2006, he was banned from having an international protective presence during his visits to the land.
For olive harvest-related human rights violations, see A/HRC/28/44, paras. 32– 38; and Office for the
Coordination of Humanitarian Affairs, Occupied Palestinian Territory, 15 December 2017.
Case No. HCJ 9593/04, Morar v. IDF Commander in Judea and Samaria, Judgment of 26 June 2006.
These procedures have the stated aim of protecting Palestinians farmers and their property. See Office
for the Coordination of Humanitarian Affairs, Humanitarian Bulletin: Occupied Palestinian Territory,
October 2018, p. 11.
A/HRC/22/63, paras. 73–74.
Humanitarian Bulletin: Occupied Palestinian Territory, October 2018.
Yesh Din, Yitzhar – A Case Study (2018), p. 17.
9
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