The "S" word

I do not know about you guys, but I am often confused about the whole settlement thing. On the one hand, both the left and the right in Israel support and encourage settlement construction when they are in power. On the other hand, the whole world says Israeli settlements are illegal and an impediment to peace. So what is going on here? On what basis are settlements legal or illegal?

This is what I found out. According to the Ministry of Foreign Affairs, the historical context for allowing Jewish settlement in the West Bank and Gaza Strip comes from the Mandate of Palestine adopted by the League of Nations in 1922, which provided for Jewish immigration and settlement on the land, including State lands, but without prejudice to the local population.

The Ministry also examined international laws that Israel has signed regarding the issue of settlements. The Fourth Geneva Convention prohibits the forcible transfer of segments of the population of a state to the territory of another state which it has occupied. The provision was drafted immediately after World War II, and was intended to protect the local population from displacement by the occupying power. The rest of the world says that the provision on population transfer in the Fourth Geneva Convention applies to the West Bank, Gaza and East Jerusalem. They consider all settlement construction illegal.

The Ministry, however, argues that the provision does not apply to Israeli settlements in the West Bank and Gaza, because it does not prohibit the voluntary return of individuals to towns or villages from where there ancestors have been ousted; and because the provision does not prohibit movement to land which was not formerly a sovereign state. The Ministry claims that Israeli settlements have been established only after exhaustive investigations, under the supervision of the Supreme Court of Israel, to ensure that no settlements are established on private Arab land. The Ministry emphasises that the movement of individuals is voluntary and not intended to displace Arab inhabitants, nor do they do so in practice.

From 1967 to the end of 2007, Israel established 121 settlements in the West Bank. 12 other settlements are located in East Jerusalem. There are an additional 100 unrecognized settlements, referred to in the media as “outposts.” The 16 settlements built in the Gaza Strip and three settlements in the northern West Bank were evacuated in 2005 during the disengagement plan. By the end of 2008, the number of settlers in the West Bank and East Jerusalem stood at 479,500. Israel provides strong economic incentives to encourage Israelis to move to settlements.

In 2006, Peace Now, an Israeli peace movement, got access to information from the Civil Administration, the governmental body that administers the construction of settlements, about settlement activity. Leaving international law to one side for a moment, Peace Now found that Israel is even violating its own policies and laws with regard to settlements.

The report found that nearly 40 percent of settlements are built on private Palestinian land. In some settlements the percentage was higher, with 86.4 percent of Ma'ale Adumim being built on private Palestinian land. Only 1.3 percent of settlement land was actually purchased by Israelis. The rest of the settlements have been built on so-called "State land" and a smaller percentage on "survey land." Much of this land had people living on it beforehand, using the land for their homes, to graze sheep, or for agricultural purposes. But most of these people did not have formal title to the land.

Given this evidence, the answer to the legal question seems clear. Houston, we have a problem. But the bigger question is why? Why is there such strong support from Israeli governments, left and right, for the settler movement? Why does Israel seem so ready to bend the rules on this issue?

I still have more searching to do.

23 days to go...

Why do I do this?

Today I accompanied an Israeli human rights activist to a meeting with a group of eighteen-year old Jewish Aussies and South Africans who are here on a one-year program to learn about Israel. They asked some important questions. I have reproduced the questions below, to tell you how I would answer them.

1. Are you only here to defend Palestinians human rights? Why do you ignore human rights violations from the other side?

I am concerned for all human beings. I am concerned about human rights violations wherever they take place. But I choose to work on issues where I think I can make a difference and where I feel responsible. As a white South African, I felt responsible for the policies and practices of the white South African government during the apartheid era, but I was too young to act. As an Australian, I feel responsible for the situation of indigenous people, and I acted. As a Jew, I feel responsible for what Jews are doing in the occupied Palestinian territories, and I want to act.

2. There is already so much criticism about Israel outside the country. Why are you trying to create so many more problems for Israel? Are you not damaging Israel more than helping it? Are there not more productive things to do to make Israel a better place?

I do not want Israel, or any country for the matter, to develop into a society where citizens and their elected leaders are not accountable for their acts. The rule of law is a basic building block for any democratic country. I think it is essential that laws exist and are applied to everyone. The Israeli government harms Israel, its citizens and the Palestinians under its control, when it violates the rule of law. Is that the kind of country we are dreaming for? Does that help the Jewish people?

3. Are you a Zionist? How do you justify causing so much pain to fellow Jews by saying things against us?

I do not know what it means today to be a Zionist. Zionism was a movement that started in the late 19th century to establish a homeland for the Jewish people in the land of Israel. The Zionists succeeded. Israel exists. Do we really need to keep defining ourselves this way?

I do not consider myself as being against the Jewish people. I do not consider myself against any people. But I think it is important to ask questions. And I think it is important to speak out when someone does the wrong thing. I think it is even more important when it comes to the policies and practices of a State. Is not this the essence of justice?

51 days to go...