A/HRC/28/44
instances where civilian security coordinators and guards have denied Palestinians access to
farming plots located nearby a settlement or an outpost to prevent alleged attacks. In
addition, cases of Palestinians being injured or having their property confiscated by these
bodies while attempting to gain access to agricultural plots have been reported.37
24.
In 2009, a series of military orders defined the “guarding zones” areas, in which
civilian security coordinators and guards operate, in the vicinity of settlements and
outposts, in the West Bank.38 The borders of these areas are wider than the municipal
boundaries of the settlements, which allows civilian security coordinators and civilian
guard squads to act beyond the jurisdiction of the settlements39 and dramatically expands
the impact of the settlements on the freedom of movement of Palestinians, as well as on
their right to work their land and earn a living from it. 40
25.
The access of Palestinian farmers to their lands is also impeded by attacks and
harassment by Israeli settlers. Documented cases of violence appear to be aimed at
spreading fear among Palestinian farmers and to deter them from farming their lands, in
particular in areas near settlements (A/67/375, para. 19). The phenomenon of settler
violence, and the general failure of Israel to ensure accountability for Israeli settlers who
break the law and to protect Palestinians against attacks to their person and property, have
been thoroughly analysed by the Secretary-General in previous reports (A/69/348, paras.
36-44; A/HRC/25/38, paras. 37-47).
26.
About two-thirds of the land in the West Bank, including the majority of Area C, is
unregistered, mainly because of the suspension by Israel of the land registration process in
the West Bank at the beginning of the occupation in 1968.41 Combined with all of the
above-mentioned factors that impede the access of Palestinians to agricultural land, this
facilitates the dispossession of Palestinians of their land, in particular in Area C of the West
Bank. An added factor in Area C is the application of the Ottoman Land Code, which
establishes that unregistered land belongs to the ruling Power unless a legitimate private
claim to the land arises. Entitlement for such a claim arises over unregistered land that has
been cultivated without interruption for a 10-year period, in the absence of which the land
is assigned to the ruling Power.42 Given the multiple obstacles faced by Palestinians to
cultivating their land, it is difficult to comply with the requirement of uninterrupted
cultivation for 10 years, which would allow Palestinians to register the land in their name.43
In the absence of land registration, Israel has subsequently claimed much of the
37
38
39
40
41
42
43
Ibid., pp. 40-43.
Ibid., pp.15-25.
Ibid., p. 19.
OHCHR, “Update on settler violence” (see footnote 35), p. 6.
See B’Tselem, “Land grab, Israel settlement policy in the West Bank”, May 2002, p. 54. According to
Kerem Navot, another form of land registration regime also exists; the “first registration” or selfinitiated land registration, established in 1964 under Jordanian rule, which in principle allows both
Israeli settlers and Palestinians to register small portions of land in the West Bank. Owing to the
expenses incurred in taxes, lawyers and the elaboration of maps required to use the register, few
Palestinian farmers can afford to register their land, while Israeli settlers, often supported by settler
organizations, are better placed to take advantage of it. See also B’Tselem, “Under the Guise of
legality: Israel’s Declarations of State Land in the West Bank”, February 2012.
Kerem Navot, “Israeli Settler Agriculture as a Means of Land Takeover in the West Bank”, August
2013, annex II, p. 107. The Ottoman Land Code also establishes that the State may take possession of
land (held on the basis of a land deed or kushan) that is not cultivated for three consecutive years. See
also Office for the Coordination of Humanitarian Affairs, Humanitarian Bulletin Monthly Report,
April 2014, and B’Tselem, “Under the Guise of Legality” (see footnote 41) pp. 25-26.
Under the “first registration” or self-initiated land registration (see footnote 41).
9
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