For nearly forty years, the government of Israel and its citizens have struggled with the issue of what to do with Judea, Samaria and the Gaza Strip (Yesha). To whom does it belong? Do Jews have an inherent, inalienable right to live in the Land of Israel?
When Israel won the war in 1967, fortune bestowed upon us a gift, but there were strings attached: a large Arab population that considered itself "Palestinian".
If that victory was a miracle and regaining sovereignty over the historic heartland of the Jewish people was a divine gift, it soon became a burden for some and an inspiration for others.
One group believed that this was the fulfillment of Biblical prophecy and part of a process of Redemption. The other saw in it the seeds of oppression and occupation. The former went out to settle; the latter tried as hard as they could to give it away.
The report on "illegal building" by Jews in Yesha, prepared by attorney Tali Sasson, a summarized version of which was made public, is not new. For many years, Peace Now, Meretz and the Left, Arabs and many in the international community have opposed the right of Jews to live in Yesha.
In fact, more than a month ago, Peace Now publicly referred to the report and its involvement in it. A report written by government institutions and ministries would have been more even-handed and objective. Ariel Sharon took no chances, though; the Sasson report was ordered like a Mafia hit (at the cost of a cool million).
Despite its intent and recommendations by one of the severest critics of the settlement movement, the report shows that "illegal" construction in Yesha by Jews - permitted by the Oslo Accords (which is still the only negotiated agreement) - was a national, bipartisan effort supported by every Zionist party; only Meretz and the Arabs objected.
If there was "collusion", deceit and trickery, as charged, it was all open for everyone to see. There were no secret deals and no corruption. Money was spent to help citizens do what Zionists do: settle the Land of Israel. Banks gave mortgages. People paid taxes and services were provided. That's how governments operate.
The most important aspect of Sasson's report is its attempt to turn Jewish settlement into criminal activity. She refers to "local law", a combination of Jordanian and Israeli law concerning required building permits, which are systematically refused, as criteria for what constitutes a legal settlement. Government ministries and the IDF, which gave their tacit approval to settlement building, may not have adhered to official procedures, but in strategic and historical terms that is hardly illegal, even according to Jordanian law.
Sasson herself notes the absence of legal definitions and responsibilities in Yesha, but then recommends that the "outposts" be destroyed. In this case, "law" seems to be concocted (she cites no legal authorities or precedents) and then applied retroactively. The government used the same Catch-22 mechanism a few years ago when they refused to give broadcasting licenses to Arutz-7 and Radio West and then prosecuted them for being "illegal."
The report charges that "privately owned Palestinian land" was taken, but offers no accompanying documentation and corroboration; nor does she explain why there was no challenge in court. And, as has been noted elsewhere, the report does not even mention extensive illegal building by Arabs not only in Yesha, but in the Negev and Galilee. Out of a total 1,800,000 buildings within Israel, about 120,000 have been declared illegal. More than 100,000 of them are owned by Arabs. In 2002 and 2003, the government destroyed about 115 per year.
According to the Civil Administration in Judea and Samaria (during the last 4 years), 1,511 Jewish properties (including additions, sheds, gardens, etc.) have been issued demolition orders, out of about 50,000 buildings in Jewish communities (3%). In Area C (under full Israel control), 3,168 Arab-owned buildings have been declared illegal, 2,317 of which have been given demolition orders, out of about 10,000 buildings (31.6%). These figures do not include illegal building within Arab towns and villages in Area C.
The number of illegal buildings by Jews is a tiny fraction of illegal building by Arab citizens of Israel, who are almost 100 times more likely to build illegally than Jews living in Yesha.
Focusing only on the Jews of Yesha is not only discriminatory, but nationally self-destructive. What's behind the move?
Commissioning and implementing Sasson's report places Peace Now's agenda at the political center of a Likud-led government. If adopted, the report will further erode Likud's ideological position (which may be Sharon's intention) and the country will become even more fragmented. Adopting the report is a further step towards the growing centralization of power in Prime Minister Sharon's hands, and reinforces his efforts to isolate, demonize and destroy the entire settler movement.
Sasson's report is unclear about who has sovereignty in Yesha. According to Israeli law, because Yesha is "occupied territory", sovereignty resides with the area's Military Commander. His approval for building infrastructure and providing security would seem to make this "legal". Prime Minister Sharon himself, in October, 1999, declared that "outposts" were necessary for security to protect the core settlements and roads. The outpost of Migron, for example, was built a few years ago with IDF assistance because of its strategic location overlooking the main road. It saved the army from having to deploy there.
The report raises a difficult question: do Jews have the right to live anywhere in Yesha? And if we are "occupying Palestinian land", by what right do Jews have to live anywhere in Israel? This may explain why the Left is so adamant about giving up Yesha: they hope that retreat from Yesha will buy legitimacy for the rest of us. In the process, however, this undermines the rights of Jews on both sides of "the Green Line".
As such, the Sasson report is an attack on Zionism and on the State itself.
[A version of this article appeared in the Jerusalem Post on March 22, 2005.]
When Israel won the war in 1967, fortune bestowed upon us a gift, but there were strings attached: a large Arab population that considered itself "Palestinian".
If that victory was a miracle and regaining sovereignty over the historic heartland of the Jewish people was a divine gift, it soon became a burden for some and an inspiration for others.
One group believed that this was the fulfillment of Biblical prophecy and part of a process of Redemption. The other saw in it the seeds of oppression and occupation. The former went out to settle; the latter tried as hard as they could to give it away.
The report on "illegal building" by Jews in Yesha, prepared by attorney Tali Sasson, a summarized version of which was made public, is not new. For many years, Peace Now, Meretz and the Left, Arabs and many in the international community have opposed the right of Jews to live in Yesha.
In fact, more than a month ago, Peace Now publicly referred to the report and its involvement in it. A report written by government institutions and ministries would have been more even-handed and objective. Ariel Sharon took no chances, though; the Sasson report was ordered like a Mafia hit (at the cost of a cool million).
Despite its intent and recommendations by one of the severest critics of the settlement movement, the report shows that "illegal" construction in Yesha by Jews - permitted by the Oslo Accords (which is still the only negotiated agreement) - was a national, bipartisan effort supported by every Zionist party; only Meretz and the Arabs objected.
If there was "collusion", deceit and trickery, as charged, it was all open for everyone to see. There were no secret deals and no corruption. Money was spent to help citizens do what Zionists do: settle the Land of Israel. Banks gave mortgages. People paid taxes and services were provided. That's how governments operate.
The most important aspect of Sasson's report is its attempt to turn Jewish settlement into criminal activity. She refers to "local law", a combination of Jordanian and Israeli law concerning required building permits, which are systematically refused, as criteria for what constitutes a legal settlement. Government ministries and the IDF, which gave their tacit approval to settlement building, may not have adhered to official procedures, but in strategic and historical terms that is hardly illegal, even according to Jordanian law.
Sasson herself notes the absence of legal definitions and responsibilities in Yesha, but then recommends that the "outposts" be destroyed. In this case, "law" seems to be concocted (she cites no legal authorities or precedents) and then applied retroactively. The government used the same Catch-22 mechanism a few years ago when they refused to give broadcasting licenses to Arutz-7 and Radio West and then prosecuted them for being "illegal."
The report charges that "privately owned Palestinian land" was taken, but offers no accompanying documentation and corroboration; nor does she explain why there was no challenge in court. And, as has been noted elsewhere, the report does not even mention extensive illegal building by Arabs not only in Yesha, but in the Negev and Galilee. Out of a total 1,800,000 buildings within Israel, about 120,000 have been declared illegal. More than 100,000 of them are owned by Arabs. In 2002 and 2003, the government destroyed about 115 per year.
According to the Civil Administration in Judea and Samaria (during the last 4 years), 1,511 Jewish properties (including additions, sheds, gardens, etc.) have been issued demolition orders, out of about 50,000 buildings in Jewish communities (3%). In Area C (under full Israel control), 3,168 Arab-owned buildings have been declared illegal, 2,317 of which have been given demolition orders, out of about 10,000 buildings (31.6%). These figures do not include illegal building within Arab towns and villages in Area C.
The number of illegal buildings by Jews is a tiny fraction of illegal building by Arab citizens of Israel, who are almost 100 times more likely to build illegally than Jews living in Yesha.
Focusing only on the Jews of Yesha is not only discriminatory, but nationally self-destructive. What's behind the move?
Commissioning and implementing Sasson's report places Peace Now's agenda at the political center of a Likud-led government. If adopted, the report will further erode Likud's ideological position (which may be Sharon's intention) and the country will become even more fragmented. Adopting the report is a further step towards the growing centralization of power in Prime Minister Sharon's hands, and reinforces his efforts to isolate, demonize and destroy the entire settler movement.
Sasson's report is unclear about who has sovereignty in Yesha. According to Israeli law, because Yesha is "occupied territory", sovereignty resides with the area's Military Commander. His approval for building infrastructure and providing security would seem to make this "legal". Prime Minister Sharon himself, in October, 1999, declared that "outposts" were necessary for security to protect the core settlements and roads. The outpost of Migron, for example, was built a few years ago with IDF assistance because of its strategic location overlooking the main road. It saved the army from having to deploy there.
The report raises a difficult question: do Jews have the right to live anywhere in Yesha? And if we are "occupying Palestinian land", by what right do Jews have to live anywhere in Israel? This may explain why the Left is so adamant about giving up Yesha: they hope that retreat from Yesha will buy legitimacy for the rest of us. In the process, however, this undermines the rights of Jews on both sides of "the Green Line".
As such, the Sasson report is an attack on Zionism and on the State itself.
[A version of this article appeared in the Jerusalem Post on March 22, 2005.]