A/HRC/2/5
page 14
16 June 2006). That the purpose of the Wall is to acquire land surrounding West Bank
settlements and to include settlements themselves within Israel can no longer be seriously
challenged. The fact that 76 per cent of the West Bank settler population is enclosed within
the Wall bears this out. The Government’s present policy to unilaterally disengage from the
West Bank or to realign Israel’s borders is a thin disguise for the annexation by Israel of the
territory between the Green Line and the Wall, amounting to some 10 per cent of Palestinian
land.
39.
On 30 April 2006 the Israeli Government revised the route of the Wall. It will now
be 703 km long when completed, rather than 670 km. At present over 50 per cent of the Wall
has been completed. When it is finished, an estimated 60,500 West Bank Palestinians living in
42 villages and towns will reside in the closed zone between the Wall and the Green Line. More
than 500,000 Palestinians living within 1 km of the Wall live on the eastern side but need to
cross it to get to their farms and jobs and to maintain family connections. Eighty per cent of the
Wall is built within the Palestinian territory itself and in order to incorporate the Ariel settlement
block, it extends some 22 km into the West Bank. At present, there are some 73 gates in the
Wall, but only 38 of them are accessible to Palestinians, and only to those with the correct
permit.
40.
A host of obstacles are placed in the way of obtaining a permit. Bureaucratic procedures
for obtaining permits are humiliating and obstructive. Although precise figures are not available,
it seems that the number of permits refused may conservatively be estimated at 40 per cent.
Reasons given for refusing permits range from security to failure to establish land ownership.
The latter ground is now more frequently used by Israeli authorities as it has become clear that
Palestinians, whose land ownership dates from a chaotic Ottoman system of land tenure, are
frequently unable to prove ownership to the satisfaction of Israeli authorities determined to deny
permits. The difficulties and humiliation occasioned by the process of applying for permits
furthermore deters many Palestinians from applying. The fact that the opening and closure of
gates leading to the closed zone are regulated in a highly arbitrary manner and frequently do not
open as scheduled aggravates the situation. Moreover, tractors and farm vehicles are frequently
not allowed access to the closed zone, which means that farmers must walk or use donkeys to
reach their land and to bring out their produce.
41.
Obstacles placed in the way of access to the closed zone have seriously affected farming
in this zone. At a time when many Palestinians are returning to the land as a result of the
non-payment of salaries to civil servants and the closure of many private businesses in the cities,
the permit system seriously impacts upon Palestinian employment and livelihood.
V. JERUSALEM AND THE WALL
42.
At the outset of this discussion it is necessary to repeat that East Jerusalem is not part of
Israel. It is occupied territory subject to the Fourth Geneva Convention. This obvious truth was
noted by the International Court of Justice in its advisory opinion. Israel’s illegal attempt at
annexation of East Jerusalem must not be allowed to obscure this fact.
43.
The 75 km Wall around Jerusalem (of which only 5 km are on the Green Line) is the
instrument being used to effect major changes in the city by seeking to ensure that Jerusalem
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