The Palestinian Dilemma of Building in Area C

The Palestinian Dilemma of Building in Area C

 


According to the Interim agreement (OSLO II of the year 1995), the Palestinian territory was divided into areas A, B and C, designating various level of control, and while Area A, designates Palestinian Authority complete autonomy over administrative and security issues; Area B, granted Palestinians only civil/ administrative responsibilities; while in Area C, Israel had full control over this area which constitutes 61% from the total West Bank area. Table 1 below clarifies the West Bank land classification:

 

Table 1

 














































West Bank Land Classification –

OSLO II – 1995

Area in km Square

% from the West Bank Area

Area A

1,005

17.7

Area B

1,035

18.3

Area C

3,456

61

Natural Reserve Area

165

3

Total area for West Bank

5,661

100

 

Israeli Build Up Area(in Km square) in Area C

Israeli Settlements

(within master plan definition)

486

Military Bases

49

Total

235

 

Palestinian Build Up Area

55

Source: ARIJ Date Base

 

 

Areas A, B, and C in the 11 Palestinian Governorates used as administrative divisions by the Palestinian National Authority, Israel, and the IDF and named after major cities.

 

Area A comprises the main Palestinian towns, and some rural areas. Area B adds other populated rural areas, many closer to the center of the West Bank. Area C contains all the Israeli settlements, roads used to access the settlements, security buffer zones (near settlements, roads, strategic areas, and Israel), and almost all of the Jordan Valley, East Jerusalem, and southern Desert.

 

Areas A and B are themselves divided among 469 separate areas (171 and 298 respectively) the majority of which are smaller than 2 square kilometers  that are separated from one another by Israeli-controlled Area C.

 

While the vast majority of the Palestinian population (83.5%) lives in areas A and B, the vacant land available for construction to cope with the Palestinian population growth and for investment opportunities is situated in the bulk area (61%) of the West Bank defined as area C.

 

It is easily concluded that both areas A and B (36% of the West Bank) are already congested and the only remaining area available for the Palestinians to realize a sustainable and able state is what defines as area C today.

 

Area C constitute a major disruption to any Palestinian plan for state on various levels, most notable of which are sovereignty, contiguity, planning and development, and economically. However, this should not have happened if the terms of the Oslo accord went through as agreed upon, thus Palestinian areas A and B would not have serviced as alternative space to compensate the much needed areas to cope with population growth, or for industrial purposes, waste lands and other uses, which may very much be made available in area C, hence bypassing the negative implications, causing land prices to increase, thus effecting housing cost, and moreover hindering    development and investment and employment opportunities.

 

In terms of sovereignty:

 

All the boarder points are located within area C were the Israelis are still enjoying absolute control. Currently, the main border points from the Palestinian State to the neighboring countries (Jordan, Egypt, Syria, and Lebanon) still held by the Israelis. For the time being, Al-Karamah border point toward Jordan is the most significant as it represents Palestinian Sovereignty over the territory. 

 

Other border points would be Rafah and Beit Hanoun in the Gaza Strip with Egypt and Israel. However, the access points toward Israel must too have a Palestinian presence since it signify a crossing point to another state.

 

In terms of contiguity

The Israeli settlements built-up areas occupy 3.3%¯ (189 km2) of the West Bank land area. However, master plans for these settlements occupy a much larger area, amounting to 486 km2 (8%) of the West Bank. More over the Israeli Army has direct and effective control over areas in the West Bank, which along with the settlements’ area mounts up to 29% of the West Bank area. See table 2.

 

Table 2: Israeli land use in the Occupied West Bank




























Item

Area (in km²)

Percentage (of  total area of the West Bank)

Settlements Master Plan

486

8%

Israeli  Military Base

49

1%

Closed Military Area

999

18%

Bypass Roads

112

2%

Total of Occupied West Bank Area

1634

29%


Source: ARIJ Date Base

 

 

These Israeli controlled areas have made it difficult for the Palestinians to make any development and planning as it all located in areas classify as area C along with other large tracts of the West Bank that too defined area C. Hence, territorial contiguity within the West Bank and between the West Bank and Gaza is inconceivable concept with Israel domination of area C. However; Israel attempt to bypass the contiguity issue is relentless efforts carried out to substitute Palestinian geographical control of the area with a network of roads and tunnels that will allow Palestinians to travel on the alternative road system and simultaneously allowing Israeli to maintain control over what it want of the territory and what correspond with there interest.

 

In terms of planning and development

The Israeli policies in area ‘C’:

 

Since the signing of Oslo agreement, Israel activated certain regulations and laws, which mainly aimed to plunder Palestinian lands, expel Palestinians and replace them with Israeli settlers instead. Some of the Israeli tactics that aimed at land confiscation are:

 

1- Building permits in area ‘C’:

 

As indicated earlier, area ‘C’ fall under the full Israeli control – security and administrative-. Therefore, it was compulsory for Palestinians to go to the Israeli Civil Administration in order to obtain building permits. Israeli Civil Administration data between the year 2000 and September 2007 showed that the approval rates for  Palestinian building permits applications was just 5.5 %, while 94.5% where rejected. According to the available data, the Palestinians have submitted applications for 1890 building permits in the designated seven years period, and the Civil Administration approved only 105 applications. The following table 3 shows the number of requested building permits submitted by Palestinians to civil administration and the number of licenses approved by the Civil Administration.

 

Table 3: requested and approved Building Permits in Area ‘C’






















































Year

Requested building permits submitted by Palestinians to the Civil Administration

Building permits approved by the Civil Administration

%

2000

182

5

2.7

2001

167

6

3.5

2002

159

6

3.7

2003

337

3

0.89

2004

250

5

2

2005

189

13

6.8

2006

176

43

24.4

9/2007

164

10

6

Total

1890

105

5.5

Source: The Israeli Civil Administration

 

The Civil Administration claims that most of the Palestinian requests reached the Civil Administration after demolishing orders were issued by the administration itself. According to the Civil Administration, these buildings were built on open space where construction is prohibited or that the building took place on confiscate lands by military orders or on state land.

 

2- Houses Demolishing in area ‘C’:

 

Because of the rigid Israeli building license policy, the Palestinians went and built in area ‘C’ without licenses, to cope with the natural growth of the population. The Israeli authorities faced these constructions with demolition orders. According to the Civil Administration 4820 demolition orders were issued between the year 2000 and September 2007, where 1626 orders have been executed, of which 1246 by the civil administration and 380 by other authorities. Table 4 below shows the number of issued demolition orders and number of executed demolition orders between 2000 and September 2007.

 

Table 4: Demolition orders to Palestinian Houses in Area ‘C’

 
































































Year

No. of demolition orders

Number of implemented demolition orders executed by the C.A

Number of implemented demolition orders executed by other partners

Total number of  executed demolition orders

2000

465

20

21

41

2001

568

143

43

186

2002

641

231

45

276

2003

681

242

64

306

2004

703

173

52

225

2005

795

137

20

157

2006

502

186

78

264

9/2007

465

114

75

171

Total

4820

1246

398

1626

Source: The Israeli Civil Administration

 

Comparison with the Israeli settlement in the West Bank:

 

 On the other hand, the Israeli authorities facilitated the process of issuing building permits to Israeli settlements in the West Bank, in spite of the fact that its existence stands in violation of the international law. Statistics indicate that the Israeli authorities granted the Israeli settlements in areas ‘C’ an average of more than 1000 building permits annually. Table 5 below show comparison between the numbers of building permits issued by the civil Administration for the Palestinians and the Israelis settlers between 2000 and 2006 in area ‘C’.    

 

Table 5: Building permits granted by the Civil Administration (2000 – 2006)

 








































Year

Building permits granted for Settlements in area ‘C’  

Building permits granted for Palestinians in area ‘C’ 

2000

1,493

5

2001

1,014

6

2002

712

6

2003

720

3

2004

672

5

2005

1,169

13

2006

1,165

43

Total

6,945

95

Source: the Israeli central Bureau of Statistics and the Civil Administration

 

The subject of demolition illegal housing is similar to what goes out for the procedures adapted to issue building permits. Figures indicate that the Israeli authorities issued 2,872 demolishing orders to West Bank illegal settlers’ constructions in the time period 2000 – 2006; On the other hand the Israeli authorities issued 4355 demolishing order for the Palestinians in area ‘C’ for the same time period. Table 6 below shows comparison between the numbers of demolishing orders issued by the Civil Administration for the Palestinians and the illegal Israeli settlers between 2000 and 2006.

 

Table 6: demolishing orders issued by the Civil Administration (2000 – 2006)








































Year

demolishing order issued for Settlements in area ‘C’ 

demolishing order issued for Palestinians in area ‘C’ 

2000

88

465

2001

286

568

2002

237

641

2003

473

681

2004

457

703

2005

636

795

2006

695

502

Total

2872

4355

Source: Peace Now and the Civil Administration

 

 

Master Plans

 

Israel has succeeded to impose the Illegal settlements presence in the West Bank Territory, particularly in Governorates where Israel has strategic interest Israel there. Today, the Israeli settlements’ built-up area in 5 of the 11 Palestinian Governorates exceed that available for the Palestinians. The Governorates are Jerusalem, Jericho and the Jordan Valley, Qalqilyah, Salfit and Tubas. Furthermore, and by referring to the year 1991 when Israel setout to identify master plans for each Israeli settlement in the occupied Palestinian territory, which on the ground exceed the existing settlements built-up areas; in which case the Israeli settlements built-up areas made available exceed that of the Palestinians in 8 of the eleven Palestinian governorates; adding Nablus, Bethlehem, and Ramallah. See Table 7 & Map 1

 

Table 7: Israeli Settlements built-area VS Palestinian built-up area in West Bank Governorates

 


















































































Governorate

Governorate Area (km²)

Palestinian Built-up Area (km²)

Israeli Settlements Built-up Area (km²)

Israeli Settlements Master Plan Area (km²)

Jenin

573

27.872

3.959

22.766

Tubas

366

5.17

7.518

12.532

Nablus

614

25.438

16.248

25.709

Tulkarem

245

19.101

3.619

5.15

Qalqilyah

174

8.466

11.77

25.39

Salfit

202

8.719

18.147

37.959

Jericho

609

7.99

23.425

77.305

Ramallah

849

47.85

31.268

61.233

Jerusalem

354

35.646

40.011

118.72

Bethlehem

608

25.37

18.158

40.697

Hebron

1068

83.224

14.142

58.802

Total

5661

294.846

188.266

486.262

Source: ARIJ GIS Unit-2009

 









 

 

 

The planning system in the West Bank, implemented by the Israeli Civil Administration, is one of the most powerful mechanisms of the Israeli occupation. As with the other bureaucratic systems, the planning system operates on two distinct and discriminatory tracks: one for Jews and the other for Palestinians.

 

Furthermore, Israel employed the 1966 Jordanian law for Urban Planning in the West Bank in limited fashion, until it tailored the law in March 23, 1971 with the military order No. 418, changing its main features in the following manners: Changing the implementation bodies of the law from Jordanian to Israeli bodies.



  • Military Order No. 418 aimed for the fragmentation of the West Bank territory. It made the Palestinian villages to follow the British master plans, while the order identifies the Israeli settlements areas as an area for development. It also prevents Palestinians from developing their residential areas. 


  • The new military order canceled the role of local authorities and bodies in the planning process of their communities –including building licensing and authorization- and transformed that right over into the hands of the regional planning committees and the higher planning council within the Israeli Army operating under the name ”Villages Planning Committee‘ and headed by Israeli Army officers .


  • The military order had also originate planning commission called ‘the Subcommittee for planning and inspections’ which is designated to the well benefit and interest of the Israeli settlers’ population, with no regard to the interests of the indigenous Palestinian population.


  • The military order gave new jurisdiction authorities to the Israeli Army’s districts commander in chief, which includes the authority to appoint special planning committee for the development of Israeli settlements, and jurisdiction of regional planning commission.

Hence, it is right to conclude that that these British schemes did not take into account the immediate and future development needs to cope with the Palestinian population growth, which had multiplied several times since then, and the Israeli civil administration did not make it a priority as it aimed to keep the Palestinian population confined within controllable limits; thus rarely and under special circumstances when it usually meets its goals as well that they accepted to revise the existing plans in certain and limited locations. As a result, houses built by Palestinians without building permits are demolished by the Israeli civil Administration, even if they are built on private land.

 

During the years 1967 – 1987; Israel was able to control the occupied Palestinian territory and prevent any new construction do not meet the aforementioned regulations. Between 1987 – 1990, the Israeli civil administration issued 19 special master plans for certain Palestinian communities, but these plans did not meet the development plans of these Palestinian communities as it only covered the built-up areas, which makes it quite obvious that the real intention was to confine the communities’ development.

 

Between 1990 and 1995, the Israeli civil administration issued some 400 special master plans for Palestinian communities all over the West Bank- all of which were based-drawn from the British mandate regional master plans RJ/5 and S/16-, which are no longer sufficient to meet the Palestinian needs as it only covered the built-up areas of these communities. Moreover, there where many mistakes in submitted master plans, for example; one master plan integrated lands of two communities and at other places; the other way around where two master plans were issued for one community. Furthermore, any Palestinian constructions existed outside these master plans were subject to demolishing by the Israeli Civil Administration. Table 1 below shows a comparison between number of theses master plans area and the built-up area in some Palestinian communities.

 

In terms of economy

 

As the bulk of the West Bank falls under Israeli control, where any possibility for real economic investments may take place, Palestinian so far had limited access to the land there, which in many ways hampered the Palestinian government attempts to establish a real economic growth and independency without reliance or attachment to the Israeli economy. The Israeli administrative control over land, which include the settlements and its jurisdiction areas, the roads, and overall movement are constrains against Palestinians’

 


























































Land Use/ Land Cover (LULC) for area “C”

Area- Dunums

Arable land

413801

Forest

59016

Artificial non-agricultural vegetated areas

97

Industrial, commercial and transport unit

1612

Heterogeneous agricultural areas

85019

Mine, dump and construction

10575

Open spaces with little or no vegetation

1203390

Inland waters

1386

Permanent crops

499072

Plastic House

6298

Pastures

565353

Shrub and/or herbaceous vegetation associations

317712

Palestinian built-up area

52588

Israeli Settlement

187659

Israeli Military Base

47241

Wall Zone

5621

TOTAL

3456440

Source: ARIJ Date Base

 

 

Israel’s alter status of area C 

 

On the ground; area C, where Israel retains control of land administration and security; represents some 61% of the West Bank’s total area. However, since the signing of the Oslo Accord Israel sought to manipulate the ground map to its favor, and in this regard, Israel believes that area C is still up for the grab before it is finally coerced to go to the final negotiation status. Hence, the Israelis believe that what defines area C today does not define what it use to at the time when the ‘peace’ accords were signed, for today, area C is Stripped of areas defined by the Israeli Army as the seam zone area, which constitute along the western terrains of the West Bank within the area known as the western segregation zone some 13% of the West Bank total area. In addition to that some 1580 km2 (28% of the West Bank total area) along the eastern terrains of the West Bank falls completely under the control of the Army, where 51% designated as closed military area since 1967, and nature reserve area, mind areas, settlements and military bases. in view of that, area C were reduced according to the Israeli definition to 1143 km2, which is one-third of what it really defines in accordance to the current (A, B & C) classification that is 61% (3456 km2) of the West Bank area. This is what the Israelis consider negotiable territory in the final negotiation status.

 

Last word,

 

Area C constitute a major disruption to any Palestinian plan for state on various levels, most notable of which are sovereignty, contiguity, planning and development, and economically.

 

Palestinian areas A and B would not have serviced as alternative space to compensate the much needed areas to cope with population growth, or for industrial purposes, waste lands and other uses, which may very much be made available in area C.

 

These restrictions are causing land prices to increase, thus affecting housing cost, and moreover hindering development and investment and employment opportunities.

 

Clearly, … Area “C” is what constitutes the future of the Palestinian State and for this; the Israeli occupation gas systematically and methodically restricted any development there since 1967, in fact in intended to de-develop it.

 

However, … when it comes to constructing Israeli settlements, Israelis were unsuccessful to demographically dominate the area, in fact they failed miserably to do so for what they were able to control using the power and force of the Israeli Army falls in less than 2% of the West Bank, hence resorted to control the land with their lame weak “State Land” for an excuse and pretext.

 







 * ARIJ Data Base

 

 

 

 

 

Categories: Israeli Violations