A/HRC/28/44
Palestinian farmers when they were picking almonds, asserting that the “prior coordination”
was only for olives, even though the almond trees were in the same field.29
20.
Furthermore, incidents have also been recorded in which Palestinian farmers have
been denied access to their lands even during the time allowed by “prior coordination”; for
example, on 20 October 2014, Palestinian farmers were reportedly denied access to their
olive orchards located in the village of Deir Istiya (Governorate of Salfit) by security
personnel from the settlement of Revava. 30
21.
Another way of restricting access of Palestinians to agricultural land is the permit
regime established by Israeli authorities for access to farming land in the seam zone, the
closed area located between the wall and the Green Line.31 Israeli authorities often cite
security reasons or claim that the portion of land is too small to qualify for a permit to deny
Palestinians such permits (according to the Office for the Coordination of Humanitarian
Affairs, in the past four years, the approval rate in the northern West Bank is 50 per cent).32
For those who manage to obtain a permit, access is nonetheless frequently restricted. In
2013, there were 81 gates designated for access to agricultural lands in the seam zone;
however, only nine of them were kept opened every day, while another nine were kept
opened for only one or few more days per week. The majority (63) was kept opened only
during the olive harvest season, which lasts approximately 45 days.33
22.
Palestinian farmers also see access to their private land restricted and often denied
by the civilian security coordinators and guards who operate in the Israeli settlements and
outposts in the West Bank. These coordinators and guards are drawn from residents of
settlements and outposts, and charged with guarding the settlements and outposts on behalf
of the Israeli army.34 They are trained and equipped with weapons by the Israel Defense
Forces, and are subject to the Military Justice Law. 35 At the same time, they are appointed
by and act as the representatives of the settlements. As such, the civilian security
coordinators identify with the goals of their communities, the illegal settlements, which
seek to expand their boundaries, even if construction is on Palestinian-owned land.
OHCHR found that the lack of adequate supervision by the Israel Defense Forces and of
clearly defined powers leads to daily friction between the security coordinators and the
Palestinians.
23.
Civilian security coordinators and guards have been granted police and law
enforcement powers, including the powers to detain, search and arrest persons they deem,
based on “reasonable grounds”, pose a security threat, have committed or are about to
commit an offence.36 As a result, civilian security coordinators and guards have de facto a
considerable margin of discretion in the conduct of their activities. As observed by Yesh
Din, this has enabled them to obstruct arbitrarily the access of Palestinian farmers to their
private land located in the vicinity of settlements and outposts. Reportedly, there have been
29
30
31
32
33
34
35
36
8
Ibid.
Information provided by Premiere Urgence – Aide Medicale Internationale.
Office for the Coordination of Humanitarian Affairs, “10 Years since the International Court of
Justice Advisory Opinion”, 9 July 2014.
Ibid.
Office for the Coordination of Humanitarian Affairs, Humanitarian Bulletin Monthly Report,
February 2014, p. 11.
Military Order No. 432. See also Eyal Hareuveni, The Lawless Zone: the Transfer of Policing and
Security Powers to the Civilian Security Coordinators in the Settlements and Outposts (Yesh Din, Tel
Aviv, June 2014), pp. 4 and 11.
OHCHR and the Protection Cluster, “Update on settler violence in the West Bank, including East
Jerusalem”, October 2014, p. 5.
Hareuveni, “The lawless zone” (see footnote 34), pp. 12-13.
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