The Knesset Law Committee held a session on Monday morning dealing with the violent evictions and destruction of outposts in Judea and Samaria and the ramifications on civil rights.
Chaired by MK David Rotem (Israel Our Home), the committee passed a resolution requiring security forces to respect the civil rights of residents during the destruction of outposts in Judea and Samaria.
The resolution states: “The Committee condemns all illegal activity, but if the evacuation of an outpost is decided upon, it must be done while completely maintaining human rights, and the resistance to an evacuation must be done within the framework of a democratic, non-violent struggle.”
Elisheva Federman, mother of seven whose caravan home was brutally destroyed in the middle of the night during the course of the demolition of her outpost last October, told the Committee what happened. She related how her children were thrown out of their home in their pajamas in the middle of their sleep, how they saw the soldiers threaten their parents, and how they saw the forces throw out and destroy their belongings.
Deputy State Prosecutor Shai Nitzan, taking the State’s side, acknowledged that there are obligatory guidelines that the evacuating forces must follow. For example, “if settlers or squatters come to a site and build a house or settle there, they can be evicted within 30 days without warning or orders. If 30 days have passed, a court order must be obtained; the resident can then appeal, but if the appeal is rejected, the police can come and evict.”
Nitzan said that regarding the Federman case, “This was private Palestinian land that had been taken by the army for security use, with a guarantee not to use it for private Jewish settlement. Some houses were built there, and the area was declared a closed military zone.”
Both Committee Chairman David Rotem and Minister Michael Eitan said that even residents of outposts and suspected law-breakers have civil rights that must be respected. “If I would face an eviction in the middle of the night,” Rotem said, “I would not want to engage in any dialogue – but that doesn’t mean that I would deserve to have my home broken into and my children traumatized. The rule of law is very important, but even a law-breaker has certain rights.”
MK Yariv Levine (Likud) said during the session, “A red line has been crossed between the rule of law and politics in this whole matter of outposts. Let’s not roll our eyes. The government doesn’t let them pave a road, build a kindergarten, or anything… The only reason why these outposts are not legal is because someone [Defense Minister Ehud Barak – ed.] hasn’t signed the tabu. (deed --ed.) The State invested money in these places, yet someone doesn’t want to sign for reasons of ‘law.’ Everything here is politics…”
MK Dr. Michael Ben-Ari (National Union): “There is purposeful and malevolent discrimination against the residents, and clear intent to harm the settlement movement. It appears that policemen in Judea and Samaria can hit Jews with no reason or justification. Why does a young child have to be handcuffed? The message is that if you’re a settler, you have no rights. This abuse must be stopped.”
MK Aryeh Eldad (National Union): “There are dozens of complaints outstanding about how outposts were evacuated. In Homesh, they took tefillin and didn’t return them, and destroyed the residents’ food… Soldiers should not be involved in these evacuations at all… Law enforcement is not done fairly when it comes to the residents of Judea and Samaria. Law and civil rights are trampled upon.”
MK Uri Ariel (National Union): “Soldiers must not take part in evictions. It’s the job of the police. When our sons enlist in the army, they do it in order to protect the citizens of Israel and not in order to evict them.”
Orit Strook, a resident of Hevron who heads the Yesha Civil Rights Organization, said, “Even former Education Minister Yuli Tamir [a founder of Peace Now – ed.] said that the residents of Yesha have the right and obligation to protest, and that the State must deal with it.”