B'Tselem 16 June 2004
‘SEAM AREA’ REGIME PREVENTS PALESTINIAN FARMERS FROM REACHING THEIR FIELDS AND IS BASED ON RACIST CRITERIA
Since October 2003, Israel has implemented a new permit system in the enclaves it created between the separation barrier and the Green Line. As a result, Palestinians without a permit are denied the right to work their lands to the west of the barrier.
Absurdly, only Palestinians require permits. According to Civil Administration directives, Jews can freely enter the Seam Area, even if they are not residents of Israel. By contrast, Palestinians wanting to obtain a permit face a bureaucratic nightmare. B’Tselem’s report reveals that during the first six months of the permit regime, the Civil Administration rejected about 25 percent of the permit requests in the Tulkarm-Qalqiliya area. Although Israel has denied farmers their source of income, it refuses to compensate them for their losses. Even farmers with permits may wait hours to cross because the gates were closed.
The Israeli government has not learned from the substantial damage caused by building the first stage of the barrier inside the West Bank. If Israel continues its current policy and completes other sections of the barrier east of the Green Line, thousands more Palestinians will lose their source of income, further increasing the level of poverty in the West Bank. Construction of the barrier inside the West Bank violates international law.
For these reasons, B’Tselem urges the government of Israel to tear down the sections of the barrier that have been built within the West Bank. Until that time, the government should: revoke the declaration of the seam area as a closed military area; keep the agricultural gates open from morning to night; terminate the racist permit system.
Not All it Seems - Preventing Palestinians Access to their Lands West of the Separation Barrier in the Tulkarm-Qalqiliya Area
As B’Tselem has previously highlighted, the separation barrier causes severe human rights violations affecting tens of thousands of Palestinians in the West Bank. This report discusses the restrictions on movement of Palestinians living in villages situated close to the eastern side of the barrier in the area between Tulkarm and Qalqiliya. These restrictions make it difficult for them to reach their farmland and impair their ability to make a living.
The findings of the report include the following:
The current route of the separation barrier is the primary cause of human rights violations in the area. Although the route was ostensibly based on security considerations, extraneous reasons, among them the desire to route the barrier east of the settlements and land intended for their expansion, also played a role. These extraneous considerations are improper and cannot justify the violation of Palestinian human rights.
Since October 2003, Israel has implemented a new system of permits, through which it restricts Palestinians’ access to their farmland situated west of the barrier. This system flagrantly discriminates between Palestinians and Jews and breaches Israel’s obligations pursuant to the International Covenant on Civil and Political Rights to respect the right of residents of the Occupied Territories to freedom of movement (Section 12) and not to discriminate against them (Section 2).
Israel rejects about twenty-five percent of the applications to obtain entry permits into the Seam Area.
The complexity and difficulty involved in obtaining a permit raises the suspicion that the policy is intended to create despair among the farmers, hoping that they will cease working their land west of the barrier.
Israel restricts the freedom of movement of farmers holding permits to enter their land. It has done this by reducing the number of gates through which they can enter their land from twelve gates, as stated in the order setting up the permits system, to the five gates that are operational. Israel places further restrictions on movement by opening the gates only two or three times a day and for short periods (up to ninety minutes total). Operation of the gates in this manner severely impairs the Palestinian farming sector.
Israel refuses to compensate Palestinians who are refused access to their lands for their loss of income. In failing to do so, Israel breaches the Fourth Geneva Convention (Section 39), pursuant to which the occupying state must ensure the residents livelihood in cases in which they are prevented from earning a living on security grounds.
The harm to the livelihood of many farmers in the area aggravates the economic hardship that has prevailed in the Occupied Territories since the beginning of the intifada, in late September 2000.
In light of these findings, B’Tselem urges the government of Israel to tear down the sections of the barrier that have been built within the West Bank and move them, if Israel continues to think the barrier is necessary in those areas, to the Green Line or inside Israel itself. Until that time, the government should: revoke the declaration of the Seam Area as a closed military area; eliminate the requirement for permits, and keep the agricultural gates open from morning to night; in cases where the state denies persons access to their land for whatever reason, the authorities must state their reasons in detail and in writing, allow the persons to argue their case, and compensate them for their present and future losses.
To download the full report (PDF) click here.