Aerial documentation of illegal construction on the ruins of the the northern Shaomron communities

In a hearing of the Foreign Affairs and Defense Committee on the repeal of the Disengagement Law, Avraham Binyamin last week, Director of Regavim’s Policy Division, presented documentation of massive illegal Palestinian construction in northern Samaria in general, and particularly on the ruins of the Ganim, Kadim and Sa-Noor communities that were de-populated as part of the 2005 disengagement plan. The aerial photographs presented to the Committee show thousands of illegal Arab structures in Area C, the portion of Judea and Samaria under full Israeli jurisdiction – hundreds of them built only in the past year.

Far worse than the staggering quantity of this illegal construction is its strategic quality: These illegal structures create a land bridge between blocs of Palestinian Authority-controlled Area B settlements, undermining the Oslo framework that left the question of territorial contiguity under Palestinian Authority control for a negotiated resolution.

“The 2005 Disengagement Law is one more element abetting the creation of a terrorist state in the heart of the Land of Israel,” said Binyamin, who presented aerial photos of large-scale illegal construction in the region. “The land on which the de-populated Jewish communities of northern Shomron once stood – Ganim, Kadim, Sa-Noor – have been overtaken by illegal Arab construction, despite the fact that the IDF ostensibly retains control of the territory.”

“By emptying the northern Shomron communities of their Jewish residents, the Disengagement Law opened the door for Palestinian Authority annexation of the territory which the Civil Administration has done absolutely nothing to prevent,” he added.

Meir Deutsch, Director General of Regavim, released a statement following the Knesset hearing: “Nearly a century ago, Joseph Trumpeldor summarized an essential truth of the Zionist ethos that is no less relevant today than it was in the pre-State era: “The place where the last row is plowed will be the border of our country.” Land on which there is no Jewish presence will be lost. Settlement and security are not only related, they are inseparable.”

“The false prophecies of the architects of the “disengagement,” who claimed that ceding territory would enhance Israel’s security, continue to blow up in our faces. Precisely because there is no longer a Jewish presence on the ground, there is no security. The borders of the State of Israel are being re-drawn by the Palestinian Authority – without negotiation, without compromise, in ways that threaten the security of the entire State of Israel. It is long past time to reverse this disastrous policy.”

Video: Avraham Binyamin’s presentation in the Knesset (Hebrew)

To mark the 49th anniversary of the passing of David Ben-Gurion, we launched our “Sde Boker Initiative.” This comprehensive roadmap for the future of the Negev is the result of 16 years of fieldwork, analysis, legal research and activism that have enabled us to formulate a vision for the future, looking ahead to 2050 through the prisms of national planning and development imperatives, improved governance and resolution of land ownership claims.

Over the past year, we presented the Sde Boker initiative to each of the Zionist parties in the Knesset, and immediately after the establishment of the new government, we have begun to present it to the general public. Many members of the new government view the plan favorably, and we will continue to push for implementation of its core recommendations.

To view a summary presentation of the Sde Boker Inititiative, click here.

There seems to be no limit to the hypocrisy and double-talk to which Israeli voters are being exposed in this election season.

This week’s installment of double-speak came from no lesser a luminary than Minister of Defense Benny Gantz, who is quickly proving himself to be a master of the genre. Speaking from the podium of the Knesset plenum, Minister Gantz, who has held this position for three years under as many Prime Ministers, is the man responsible for waging and winning Israel’s Battle for Area C, the section of Judea and Samaria under full Israeli jurisdiction under international law.

In the three years of Gantz’s tenure, Israel’s activities in Area C, which require resolute action to uphold the stated policy of the Israeli government, have degenerated to the point of being virtually non-existent. Rather than confronting the relentless takeover of the territory by the Palestinian Authority with a show of force, under Gantz’s command, protection of Israel’s vital interests in the region has become a show and a farce.

At last count, over 100,000 dunams of Israeli state land in Area C have been overtaken by hostile concerns as the Israeli government purposefully ignores what is happening right under our noses. Through a clearly-stated program of illegal construction and agricultural projects, the Palestinian Authority has accelerated the already-staggering pace at which it is creating a de facto State of Palestine in area C of Judea and Samaria.

Analysis of aerial photography indicates that as of December 2021 Palestinians had built  70,000 illegal structures in Area C – averaging 7 new illegal structures every day, day in and day out. According to United Nations data, which are notoriously skewed against Israel, the sum total of all demolitions carried out by Israel’s Civil Administration in Area C in the past 13 years (1 August 2009 – 1 August 2022) is 6,802. Of this paltry 10% of illegal structures, the vast majority were insignificant agricultural or commercial structures, amounting to “cosmetic” demolitions.

Nonetheless, earlier this week our Minister of Defense stood at the Knesset podium and delivered a classic electioneering speech, touting his dedication to law and order and even-handed enforcement. Without batting an eyelash, Gantz drew a specious parallel between illegal construction in the Jewish and Arab sectors in Area C – an equivalence so far-fetched as to be akin to a blood libel.

Illegal Palestinian-sector construction in Area C – planned, funded and carried out by hostile foreign concerns with the expressed intention of ridding all of Judea and Samaria of any Jewish presence, as per the precedent set by the Jordanians during their illegal 19-year occupation – bears no resemblance to construction violations committed by Jews in Area C. Any and every parameter of comparison illustrates the absurdity of Gantz’s statement: The extent of illegal construction in each sector, the rationale and impetus for that construction, and most particularly the wildly divergent rates of enforcement against illegal construction, leave no room for any comparison.

Never has such cynical sloganeering so abused the concept of equal and universal law enforcement. Never before have the Jewish communities of Judea and Samaria been subjected to such outrageous, slanderous and unfounded comparisons with those who seek our eradication. Never in Israel’s history has a Minister of Defense had so poor a grasp of the importance of controlling strategic ground. Benny Gantz’s double-speak in the Knesset was an apt reflection of his “policy” as Minister of Defense: pathetic, infuriating – and dangerous.

Regavim’s diagram that demonstrates the illegal Palestinian construction in Area C

The Emergency Regulations Law in Judea and Samaria was passed today by the government, but still needs to be brought back to the Knesset plenum. This ongoing saga exposes the decades-long failure of Israeli governments to formulate policy for Judea and Samaria.

Last week, the Knesset plenum voted down what has been a standard piece of legislation for some five decades. The first reading of the bill to extend emergency regulations in Judea and Samaria for another five years failed to pass, for the first time since 1967: 52 MKs voted in favor, 58 opposed.

The emergency regulations apply Israeli law to citizens living in Judea and Samaria, and mainly concern the powers of Israel’s judiciary and executive branches regarding Israelis who have committed crimes in Judea and Samaria, including areas under Palestinian Authority jurisdiction. These regulations make it possible for Israel to carry out orders and enforce punishments on Israeli citizens and creates a framework for legal cooperation between Israel and the relevant arms of the Palestinian Authority.

The emergency regulations will expire at the end of this month, which may complicate matters for law enforcement authorities as well as for the residents of Judea and Samaria. In the opinion of the Deputy Attorney General, “This will create legal and practical difficulties in conducting complex or joint investigations, which is a significant factor and a vital element of the powers vested in the Military Governor, impacting governance of the area and maintenance of public order and security.”

The real story here is the ongoing failure of Israeli governments to formulate policy, to articulate a national vision, and to demonstrate governance. The only thing that has prevented Israeli governments since 1967 from applying Israeli law in Judea and Samaria is their own reticence – actually, their timidity. This has led to a chaotic reality that harms the security and quality of life of the residents of Judea and Samaria, Jews and Arabs alike, and the security of the State of Israel as a whole.

These regulations deal mainly with criminal law and civil rights. The various technical clauses reveal the official policy of the State of Israel to criminality in Judea and Samaria, but what they do not include may be even more telling: In completely ignoring the issues of proprietary rights – real estate law and ownership – they lay bare the government’s failure to protect the basic rights of the State and its citizens. Proprietary rights in Judea and Samaria remain under the Jordanian and Ottoman systems, and these laws are outdated, ineffective and in some cases even antisemitic. Even worse, perhaps, is the selective manner in which these laws are enforced by the Israeli judicial and military systems.

Selective enforcement of outrageously outdated laws has enabled – and continues to enable – the Palestinian Authority to exploit the Israeli system, to annex vast areas of Judea and Samaria, to redraw the map, and to lead the entire region toward violent confrontation. Continued reliance on emergency legislation may be the lesser of evils, but it is most certainly not the solution.

This morning, Bedouin lawbreakers herding flocks of thousands of sheep invaded the IDF Tzeelim Base, leading to a confrontation with the Israel Police and the Green Patrol who were called out to remove the intruders from the IDF’s live-ammunition training area. The intruders called in backup of their own – Bedouin residents of the Bir Hadaj squatters’ camp – who stoned the police officers, faced off with the enforcement patrol, and attempted to run over one of the inspectors.

As this scene was unfolding, a different face-off was taking place in the Knesset, where ministers were embroiled in a tug-of-war over the government’s new five-year plan for the Negev. Over the past several weeks, the previous five-year plan (2397) – a ₪3 billion package that included 200 million shekels for forestation, land protection and law enforcement – ran its course. The new plan, which the government is scheduled to debate and approve this week, does not include one single shekel for these crucial projects; the chapter on enforcement was simply cut out of the draft legislation.

The plan in its present form includes funding for Bedouin municipalities but is completely devoid of any allocation of resources for enforcement authorities. It will cause long-term damage to the state of governance in the Negev.

Increased enforcement activity in the Negev over the past year is the result of government decisions and budgetary allocations legislated in 2017. As it now reads, the new Negev Five-Year Plan will cut the oxygen supply for enforcement, and the results will be felt over the coming years. Under no condition should this plan be approved; all ‘carrots’ and no ‘sticks’ is not a plan, it’s a recipe for disaster.

Regavim’s 2018 report on polygamy in Israel

MK Aida Touma-Suleiman (United Arab List), Chair of the Knesset Committee on the Status of Women and Gender Equality, canceled today’s scheduled hearing on polygamy in the Bedouin sector: “At this very moment, land is being stolen in the Negev.”

Three MKs who initiated the hearing requested a short delay: MK Amichai Chikli was participating in a parallel Knesset hearing, and MK Galit Distel Atbaryan was delayed by 5 minutes as she waited for her antigen results at the Knesset Guard’s desk.

Although Knesset committees customarily wait a reasonable length of time for MKs, who are often delayed by other Knesset business, to arrive and participate in hearings – especially those they themselves convene – MK Touma-Suleiman canceled the hearing after waiting for only five minutes blaming “absence of the MKs who convened the hearing” while exploiting the opportunity to cast accusations: “I am very skeptical whether the MKs who called for this hearing have any interest in advancement of the status of Arab Bedouin women.”

“At this very moment, the JNF is carrying out planting work on land that belongs to the Al Atrash family in the Negev, and under the guise of forestation work is actually stealing land and inflicting violence on the Arab Bedouin population there,” Suleiman continued, referring to JNF projects on state land in the Negev.

Naomi Kahn, Director of Regavim’s International Division and one of the authors of Regavim’s comprehensive, groundbreaking study of the practice of polygamy in Israel’s Bedouin sector “PolygamyToo“, was slated to participate in the committee hearing and to present new data on the impact and scope of polygamy in the Negev. Regavim is one of two civil society organizations that are standing members of the inter-ministerial committee established to tackle the issue of polygamy and to monitor the enforcement of the Palmor Report and the law prohibiting polygamy in Israel.

After the committee hearing was adjourned, Kahn commented: “Touma- Suleiman made it abundantly clear, in both words and actions, where her priorities lie – not in advancing the welfare and status of women, but in aiding and abetting the anarchy and lawlessness that are engulfing the Negev.”

A short video summary of our activities over the past year

From the May 2021 Riots through the Electricity Law, from the Palestinian Authority’s de facto annexation of Area C through countless hours of Knesset committee hearings and fieldwork, from countless courtroom appearances through grinding parliamentary policy sessions, from our constant presence on the ground to our incessant efforts to bridge the gaps in law and enforcement, policy and vision – this year, as every year, we present a summary and overview of Regavim’s activities.
 
As always, we take stock of the year’s achievements and challenges with the approach of Tu B’Shvat, the day we celebrate the natural rebirth of the Land of Israel – and the founding of Regavim.
 
This year, as we have for the past 15 years, we did our utmost to insure that land policy in the State of Israel reflects core Jewish and Zionist values, using every possible means to combat the unrelenting opposing forces that seek to obscure and disrupt the connection of the Nation of Israel to this good and sacred Land.

We’re pleased to present our in-depth annual report here.

Thank you for your partnership and continued support.

Illegal structures in the Adumim region (E1)

This morning (Monday), the Knesset Land of Israel Caucus held a hearing focusing on the battle for Judea and Samaria.

Meir Deutsch, Director General of the Regavim Movement, shared updated data upon which Regavim based its recently-released precise map of Area C. The satellite mapping project revealed the alarming situation on the ground: From 2019 -2021, the Palestinians built 5097 new illegal structures in areas under full Israeli jurisdiction, an average of 7 new illegal structures per day. These new structures joined the already-staggering tally of illegal construction, for a total of 72,274 illegal structures in Area C.

On a parallel track, during the same two-year period the Palestinian Authority used agricultural projects to seize control of 7,125 dunams of Israeli state land, for a total of 93,071 dunams (93,071,000 square meters or 23,268 acres).

By planting hundreds of thousands of trees in the undeveloped open spaces of Area C, creating agricultural roads spanning dozens of kilometers each year, digging wells, cisterns and water delivery and irrigation systems, the Palestinian continues to exploit a loophole in Ottoman Land Law, still in force in Judea and Samaria, to wrest land rights from the State of Israel and establish de facto Palestinian control.

While the newly-released data indicate a slight reduction in the rate of illegal Palestinian construction compared to the previous two-year period, when 7,957 illegal structures were built (an average of 11 per day), the rate of agricultural land-grabs has remained virtually unchanged.

Regavim explained the lower rate of construction coupled with a steady rate of agricultural annexation as the result of the European Union’s decision to shift its funding away from illegal construction in order to focus on two alternative tracks: “lawfare” to prevent enforcement against new and existing illegal structures, and agricultural projects that achieve much greater territorial gains with far smaller financial investment.

“The Palestinian Authority is drawing the lines of the State of Palestine and presenting Israel with immutable facts on the ground. This is a strategic challenge of the first order, and one that Israel’s governments have done virtually nothing to address. It is a policy failure of a magnitude not seen since the Yom Kippur War,” said Deutsch.

Last week, we participated in a Public Security Committee hearing in the Knesset about agricultural crime. Regavim’s Director General, Meir Deutsch, presented the Committee with Regavim’s multifaceted plan to combat the issue. In his opening remarks, Deutsch shared with chairwoman MK Merav Ben Ari that this was the 14th (!) meeting about agricultural crime in which we’ve participated over the years, and sadly they’ve all felt the same.

In every meeting, the difficult reality is surfaced, the Police says what it has to say, the farmers express their anger, and life goes on (without change) until the next meeting. However, this time, perhaps there’s reason for hope. Before we explain why, it’s important to outline briefly what our plan is:

After dealing with the issue of agricultural crime for years, Regavim formulated a plan that is predicated on the simple principle that, in order to achieve real change, different forces must join arms: the Police, the farmers, the State Attorney, and the judiciary.

If one of these forces, each constituting a link in the chain, isn’t effective, the whole battle will be unsuccessful. The government plan must be comprehensive and include more than just the establishment of special police units. The plan must consider the matter of insurance for farmers, provide backing for farmers to file complaints with the Police despite their despondence (accompanying the complaints, improving service, etc), allocate resources to the Police, amend legislation to help the State Attorney, and seek to increase punishments in the Courts.

On this occasion, unlike the previous Knesset meetings in which the discussion focused solely on bolstering the Police, the Agriculture Minister’s representative announced that the Minister intends soon to reveal a comprehensive plan to fight agricultural crime.

Although we’ve become used to disappointments, we prefer to keep pushing and remain optimistic. We hope that the tides are changing, and that we’ll see substantial change in the nearby future. Keep following for updates.

Photo credit: Meir Elipur

Today, we participated in an emergency meeting organized by the Land of Israel Caucus in the Knesset to demand security and safety for the Negev.

Meir Deutsch, Regavim’s Director General, spoke to the Members of Knesset about the Negev predicament, and explained why Bedouin settlements that have been legalized are, in effect, still squatter camps.

The retrospective legalizations have not provided appropriate solutions for the Bedouin residents, nor have they solved the root problem of the loss of governance in the Negev.

The government decision to approve three Bedouin settlements and to connect illegal structures to the electricity grid could either lead to the regulating of settlement in the Negev and the Galilee, or the exact opposite: the abandonment of these areas. The devil is always in the details.

Regulating Bedouin settlements in the Negev and merging them into legal towns – yes. Encouraging more lawlessness – no.

**

Regavim has also been at the forefront against Ra’am’s Electricity Law, which endangers the rule of law. Ra’am, headed by MK Mansour Abbas, has threatened to dismantle the government coalition if its proposed amendment to the Electricity Law, which seeks to connect tens of thousands of illegal structures to the national electricity grid, is not passed.

The legislative amendment seeks to connect existing and all future illegal structures. This extortionate bill endangers the rule of law and national planning and construction policy. And it’s clear that approval of this law will result in a surge in illegal construction.

One of the state’s most effective tools against the national epidemic of illegal construction is the existing ban on connecting structures erected without a permit to the electricity grid.

Although there’s a certain degree of logic in approving electrical connections for structures for which the government intends to approve permits, a wholesale whitewashing of illegal construction would be a disaster.

Structures that lack permits should meet basic criteria to be approved:

  1. Only structures built before 2018 and the enactment of the Kaminitz Law, which included clear and enforceable criteria for construction.
  2. Only structures for which a detailed outline plan has been submitted by the state, and not by various entities such as local authorities.
  3. A bank guarantee of NIS 40,000 should be deposited. If the plan is not approved and a building permit is not obtained, the guarantee will be forfeited.
  4. If judicial or administrative orders of demolition for the structures haven’t been issued.
  5. The connection will be temporary; permanent electrical connection will be contingent on approval of the state’s plan and issuance of a building permit.