A/HRC/31/43
establish a claim against a revision of boundaries render the new guidelines meaningless for
most affected landowners.
“Legalization” of unauthorized outposts
D.
24.
In 2014, the Secretary-General expressed concerns about steps taken by the Israeli
authorities to retroactively formalize some 25 outposts in the West Bank (see A/70/251).
During the period under review, the Israeli authorities pursued measures to retroactively
legalize illegal outposts in the West Bank. These steps mostly follow the legal rationale and
set of recommendations proposed by the government-appointed “Levy Committee” of
2012,13 and are being promoted at the executive, military and legislative levels.
25.
In the context of legal proceedings before the High Court of Justice, the Government
of Israel declared its intentions to retroactively formalize a string of settlement outposts
adjacent to the settlement of Shilo, in the southern Nablus governorate: Adei Ad, Esh
Kodesh, Ahiya and Kidah. To that end, and as per the stated policy of Israel to retroactively
legalize unauthorized settlement construction erected on so-called State land, the Blue Line
task force has initiated the process of examining and redrawing State land boundaries in the
area. By the Israeli authorities’ own admission, these outposts are a hotbed for unlawful
settlement activity and settler violence. 14 The human rights and humanitarian impact of the
presence and expansion of the Shilo outposts on Palestinian communities has been
examined in detail by the Secretary-General (see A/70/351).
26.
On 21 October 2015, the Prime Minister approved a retroactive urban building plan
for the settlement of Itamar and, on 29 October, he endorsed retroactive blueprints for three
other settlements — Shvut Rachel, Sansana and Yaqir.15
27.
In July 2015, the Prime Minister appointed a professional committee tasked with
formulating recommendations for the retroactive “legalization” — under Israeli law — of
settlement outposts.16 This initiative came in an apparent response to pressure from settler
groups following the rulings of the Israeli High Court of Justice ordering the evacuation of
outposts and settlement neighbourhoods built on privately owned Palestinian land. On 21
July 2015, the Minister of Justice, Ayelet Shaked (of the Jewish Home party), stated: “It’s
time to clear the legal fog and let [Israeli] residents who live in [the West Bank], most of
them in communities set up by various Israeli governments, stop worrying about a constant
threat to the ownership of their homes”.17 At the time of writing, the committee had not
submitted its recommendations.
13
14
15
16
17
In its July 2012 report, the “Levy Committee”, established by the Government of Israel to investigate
the legal status of the unauthorized settlements in the West Bank (“outposts”), recommended the
legalization of the outposts. The report was not formally adopted by the Government of Israel (see
A/HRC/22/63, annex I, p. 37).
State’s response dated 12 October 2015; High Court of Justice, case 8395/14, Head of Turmusayya
Village Council et al. v. Minister of Defense et al. (available in Hebrew only).
B’Tselem, “Retroactive ‘laundering’ of Itamar, Shvut Rachel, Sansana and Yaqir part of government
policy to annex Palestinian land to State of Israel”, 22 November 2015.
The committee is tasked with the “formulation of an outline for regularizing structures and
neighbourhoods in Jewish communities in [the West Bank] that were built with the involvement of
the authorities”. It is chaired by Cabinet Secretary, Avichai Mendelbit, and comprised of
representatives of the Ministries of Agriculture and Defence. Information from a communication from
the Prime Minister’s Office, 19 July 2015.
Revital Hovel, “New Israeli Panel Eyes Legalizing West Bank Outposts”, Haaretz, 22 July 2015.
7
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