The E1 plan and its implications for human rights in the West Bank

2 December 2012, updated 27 November 2013

In late November 2012, the media reported that the Israeli government had issued instructions to promote the planning of thousands of apartments that would constitute an expansion of the Ma'ale Adumim settlement as part of the E-1 plan, in the segment that connect Ma’ale Adumim to Jerusalem. According to the media reports, these instructions were issued following the UN General Assembly's recognition of Palestine as a state with UN observer status. After the directive was issued, the Civil Administration approved two of the three E-1 residential plans to be filed for objections. In August 2013, the plans had not yet been filed and no progress has been made toward their approval.

The implementation of construction plans in E1 will create an urban bloc between Ma’ale Adumim and Jerusalem, exacerbate the isolation of East Jerusalem from the rest of the West Bank and disrupt the territorial contiguity between the northern and southern parts of the West Bank. The establishment of settlements in occupied territory is a breach of international humanitarian law, which prohibits the transfer of people from the occupying state into the occupied area. It also prohibits any permanent changes in the occupied territory, with the exception of changes mandated by military needs or in order to benefit the local population. In addition, the establishment of Israeli settlements leads to numerous violations of Palestinians' human rights. In addition, the Civil Administration is planning to expel the Bedouin communities currently residing in this area. If the expulsion goes through, it will be a further breach of international humanitarian law, which prohibits the forcible transfer of "protected persons", such as these communities, other than for their own safety or for an urgent military need. Even then, it is permissible only on a temporary basis. These exceptions are not applicable in this case.

The Judea and Samaria district police headquarters in the E1 area. Photo: Eyal Hareuveni, B'Tselem, 14 Nov. 2011.

What is E1?

The E1 master plan (Plan No. 420/4) was approved in 1999. It covers approximately 1,200 hectares of land – most of which Israel declared as state land in a legally dubious procedure. During the 1990s these lands were made part of the jurisdiction of the settlement of Ma'ale Adumim, so it now encompasses approximately 4,800 hectares. The northern and southern edges of the plan largely correspond to the route planned for the Separation Barrier in the area, which would leave Ma'ale Adumim on the "Israeli" side of the barrier and separate it from neighboring areas of the West Bank. The E-1 compound is interspersed with enclaves of privately owned Palestinian land. The overall area of these enclaves is approximately 77.5 hectares. Israel was unable to declare them state land and they are not officially included in the plans. However, it is clear that the physical reality resulting from the plan will greatly limit Palestinian landowners' access to their lands.

In addition to residential units, the plan designates areas for tourism, commerce, regional services, a regional cemetery, roads, etc. Detailed plans have already been approved for two of the plans, enabling the building permits to be issued:

Plan 420/4/2 designates 135 hectares in the north-west section of the E1 compound, bordering on Jerusalem's municipal jurisdiction, for a metropolitan employment and business center serving both Ma'aleh Adumim and the Jerusalem municipality. The plan, submitted by the Ministry of Industry and Trade and prepared by the firm of Reches-Eshkol, was approved in 2002 but has yet to be implemented.
Plan 420/4/9 designates approximately 18 hectares for the Judea and Samaria district headquarters of the Israel Police. Approved in 2005, this plan has already been implemented, and the police headquarters has been in operation there since 2008. As part of the development of the area for the implementation of the plan, additional infrastructure was put in place, including the paving of roads, the construction of supporting walls, traffic roundabouts and street lighting, costing an estimated total of about NIS 200 million. The scale of this development is much larger than would be required simply for allowing access to the police headquarters. It appears to be part of the future development of the planned residential compound near the police headquarters.

At least three detailed plans for residential construction in the E-1 compound are being prepared, proposing 4,000 residential units and ten hotels. To date, Israeli governments have delayed any further construction in the area, partly because of strong objections on the part of the US administration and the European Union. According to media reports, Prime Minister Binyamin Netanyahu promised the US president that he would not build in E-1. Nevertheless, in response to the UN decision to admit Palestine as an observer state, the government issued directives in late November 2012 to promote the detailed plans. Further to the government instructions, the Civil Administration approved the filing for objections of two of the three E-1 residential plans. The plans had not yet been filed in August 2013 and no progress had been made in the process of their approval.

Whom does the plan harm?

Implementation of the E1 plan will have significant repercussions for the entire population of the West Bank. Jerusalem borders on the narrowest area of the West Bank, where it spans only about 28 kilometers from east to west. Construction in E-1 will further reduce the already narrow corridor that connects the northern and southern West Bank and will impede the establishment of a Palestinian state with territorial contiguity. Israel is planning to build an alternative road that would connect between the two parts of the West Bank for use by Palestinians, but this is no more than a traffic solution.

Although all settlements are designated as closed military zones, this order is generally enforced only for their built-up areas. Implementation of the plan will result in the privately owned Palestinian lands inside E-1 becoming enclaves surrounded by built-up areas of settlements and there is concern that the landowners will not be able to access and farm these lands. The implementation of the plan will also harm the Bedouin communities in the area, whose access to grazing lands will be denied. In any case, the Civil Administration is already planning expulsion of the members of these communities. In addition, the roads currently used by Palestinians will become local roads used by settlers and Palestinians will be denied access to them. If no alternate roads are built, this access ban will significantly reduce Palestinian freedom of movement in the area.

Construction in E-1 will enclose East Jerusalem from the east and link up with the Israeli neighborhoods built north of the Old City. East Jerusalem is part of the West Bank and had once served as an urban center for West Bank residents. However, the ban Israel imposed on the entry of Palestinians into the city has artificially separated it from the rest of the West Bank. This separation will be intensified with the implementation of the E-1 plan.

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Khirbet Susiya, village under threat of demolition. Photo: Ann Pack, Activestills.org, 15 June 2012

The South Hebron Hills

Khirbet Susiya – a village under threat of demolition

The Palestinian village of Khirbet Susiya has existed in the South Hebron Hills at least since the 1830s. Its residents have traditionally earned a living from shepherding and growing olive trees. In 1983, the Israeli settlement of Susiya was established near the village, on Palestinian land that had been declared state land by Israel. In 1986, about 25 families were living in Khirbet Susiya, in caves and structures. That year, the Civil Administration declared the village’s land an “archeological site”; the land was confiscated “for public purposes” and the Israeli military expelled its residents from their homes. Having no other option, the families relocated to other caves in the area and to flimsy wood frame shelters and tents they erected on agricultural land a few hundred meters southeast of the original village and the archeological site. The military expelled the residents again several times, most recently in July 2001, shortly after Palestinians killed Israeli Yair Har Sinai, a resident of the Susiya settlement. During the expulsion, carried out without warning, soldiers destroyed residents’ property, demolished their caves and blocked up water cisterns. In September 2001, further to a petition by the residents to Israel’s High Court of Justice (HCJ) filed by Attorney Shlomo Lecker, the HCJ issued an interim order that prohibited further destruction pending a ruling on the petition. Ancient village of Susiya, South Hebron Hills, 17 November 2010. Photo: Yoav Gross, B’Tselem. In the following years, pending a ruling, the residents had to deal with an impossible reality. On the one hand, they had to erect homes and structures for their livestock after the military destroyed their previous ones; on the other hand, the Civil Administration refused to prepare a master plan for the village that would enable its residents to build homes legally and connect to the water and power grids, and rejected residents' applications for building permits. The people of Khirbet Susiya were left no choice but to build temporary buildings and residential tents. The Civil Administration then issued demolition orders for the new structures which, they alleged, were not covered by the interim order. In June 2007, the HCJ decided to vacate the petition, without making a ruling. The Civil Administration continued to issue demolition orders for dozens of structures in Khirbet Susiya. Over the years, the residents filed further petitions in an attempt to prevent the demolitions and plan the village legally, but the justices refused to prohibit the demolition. In 2011 the Civil Administration demolished 10 residential structures in the village, six structures used for making a livelihood and four wells. Planning attempts by villagers blocked Currently about 250 people live in Khirbet Susiya on a regular basis, and some 100 others live in it for part of the year, as their livelihood is seasonal. In late 2012, Israeli NGO Rabbis for Human Rights submitted a master plan for the village to the Civil Administration, on behalf of the residents. In January 2013, the state notified the HCJ that the Civil Administration was evaluating the plan and that, until a decision was reached, demolition orders for that land would not be carried out. In October 2013 the Sub-Committee for Planning and Licensing of the Civil Administration’s Supreme Planning Council rejected the proposed master plan. Among its reasons for rejecting the plan, which together conveyed a patronizing and unprofessional approach, the Civil Administration argued that the significant scattering of the small villages – including Susiya – in the greater Yatta area results in such high expenses for the provision of education, welfare, religion and health services that the funds of the town of Yatta are insufficient to adequately provide them. This is remarkable given that the Civil Administration itself supports the legalization of dozens of tiny illegal settler outposts scattered throughout the West Bank, and has refused to connect the Palestinian village to water and power supplies. Demolition of residential tent and shack, Khirbet Susiya, South Hebron Hills, 24 November 2011. Photo: Nasser Nawaj'ah, B'Tselem. The Civil Administration representatives further argued that authorizing the plan would perpetuate the village’s existing social fabric based on clan kinship, thereby barring individuals, and especially Palestinian women, from enjoying the benefits urban life has to offer, such as social mobility skills, job opportunities and cultural and educational empowerment: The structure of urban life means meeting new people, bringing people closer to one another; it multiplies opportunities and broadens the horizons of each and every person within his family, his tribe, and society at large. Therefore, we see the current plan as yet another attempt to keep a poor, downtrodden population from advancing; from choosing between partial income and other resources; it is an attempt to prevent the Palestinian woman from breaking the cycle of poverty and depriving her of educational and professional opportunities. Similarly, by sentencing the Palestinian child to life in a small, stultified village with no means for development, the plan keeps the child from being aware of all the opportunities available to any other person. It is our recommendation that the plan be rejected out of hand. The Civil Administration recommended that the people of Susiya make an alternative plan for a location closer to the town of Yatta. As Susiya lies mere kilometers from Yatta, which is in Area A, the recommendation effectively means transferring the residents of Susiya out of Area C. In February 2014, Israeli NGO Rabbis for Human Rights petitioned the HCJ, arguing that the Sub-Committee for Planning and Licensing had made an unreasonable decision in rejecting the master plan. The petitioners requested that the HCJ issue an interim order preventing the authorities from demolishing the village pending a ruling on the petition. In late March 2015, the state submitted its response, requesting the court reject the petition, claiming there was no justification for intervening in a justified decision by the planning institutions to reject the plan. In their response, the representatives of the state noted that the villagers have continued to build structures illegally. In early May 2015, Justice Sohlberg struck the residents’ request on the grounds that illegal construction had continued in the village after the petition was filed, actions that he termed “taking the law into their own hands”. Justice Sohlberg added that “the Court has noted the willingness of the authorities in the area to work towards examining promotion of an alternative planning cluster”. Talks between the state and Khirbet Susiya then began, and were underway until suspended by the state. On 1 August 2016, at a court session of Israel’s High Court of Justice (HCJ), counsel for the state said the talks were halted because the new Minister of Defense had yet to formulate his position on the matter. The HCJ gave the state two weeks to formulate its position. Justices Naor, Barak-Erez and Hayut declined to issue orders that the state not demolish the homes of Susiya residents pending formulation of the position. The residents were thus left in a state of uncertainty as to their future and at the mercy of Israeli authorities. Since the residents of Khirbet Susiya filed their last petition in 2014, the state has announced its intention to demolish several structures built in the village after the petition was filed – including structures renovated after they were damaged in a storm and a medical clinic that serves the entire village. On 1 February 2018, the President of the Supreme Court decided that the state could demolish seven structures in the village, which serve 42 people – about half of them children, and some of them ill persons – immediately. The state has been required to submit its position on the village’s master plan by 7 May 2018. Palestinian resident of the village of Susiya, South Hebron Hills, 15 June 2012. Photo: Anne Paq, Activestills.org. Settler takeover of Susiya land During 2001 and 2002, Israeli settlers established a number of illegal outposts on some of the land that in the past had served the Palestinian residents. Furthermore, since the demolition of Khirbet Susiya in 2001, settlers from Susiya and its outposts have prevented continuous access by villagers to about 300 hectares of land around the settlement, including 23 water cisterns. Access was prevented by use of threats and violence, including vandalizing pastures, fields, trees and cisterns, and harassing shepherds. The settlers exploit the inability of the Palestinian residents to reach their land in order to take over some of it. In the summer of 2010 they cultivated about 40 hectares, which is approximately 15 percent of the land area to which they denied Palestinians access. When police files were opened in response to complaints lodged by the Palestinians for this damage, most were closed without effect. Based on follow-ups Rabbis for Human Rights have carried out since 2007, nearly all 126 complaints to the police in Hebron made by Khirbet Susiya residents - alleging attacks, threats, incursions and damage to property by settlers - were closed without filing any charges; three complaints are still being investigated. From 2004 through 2012, B’Tselem monitored 15 complaints to the police regarding settler violence against Khirbet Susiya residents, including physical assault, setting fire to tent dwellings and belongings, threats, cutting down olive trees, stealing crops and other property damage. In 12 of the 15 cases, the investigation was closed on grounds of insufficient evidence or offender unknown. In August 2010, 55 of the village’s Rabbis for Human Rights filed an HCJ petition on behalf of the residents, seeking to be allowed, inter alia, daily access to their land. In response to the petition, the state notified the HCJ in October 2010 that the military and the Civil Administration intended to map the ownership of land in the area and then, accordingly, instruct the forces in the field as to how to deal with the need to allow access to the agricultural plots. Up until mid-May 2013, the military had issued only four orders, barring settler access to an area of 41.7 hectares – only about 13 percent of the land to which Palestinian residents had been denied access – and, in practice, reversed only one incursion by settlers, removing them from a plot the size of about one-third of one hectare (3.5 dunams). The prevention of access to some 87 percent of the area continues. On 2 February 2014 the HCJ vacated the residents’ petition on prevention of access and incursions made into their lands, on the grounds that the petition is non-specific and encompasses separate concerns of ten different families. In their ruling, the justices did address the military commander’s obligation to safeguard personal property and prevent incursions, yet refrained from ruling on the matter. They recommended that each family file an independent petition.

19 August 2012

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21 March 2012