"Human Rights Violations as a Result of Israel's Separation Barrier": B'Tselem

B'Tselem, The Israeli Information Center for Human Rights in the Occupied Territories, has just published an April position paper "Behind the Barrier: Human Rights Violations as a Result of Israel's Separation Barrier." Much of the information in this report has previously been published by Palestinian organizations, and this is the second report on the Wall by B'Tselem, a highly respected Israeli human rights organization.

This position paper does not cover recent Israeli Government proposals to move the Wall even further into the West Bank and build a second wall on the Jordan Valley side of the West Bank, proposals that would greatly worsen the impacts of the wall.

The position paper can be found at:

B'Tselem position Paper: Summary
http://www.btselem.org/English/Publications/Summaries/Behind_The_Barrier_2003.asp

Position Paper in English
http://www.btselem.org/Download/2003_Behind_The_Barrier_Eng.doc

Downloadable Map of the First Phase:
http://www.btselem.org/Images/Maps/Fence_Map_2003_Eng.pdf

Among the paper's observations are the following:

-Most of the barrier's route in Stage 1 passes through the West Bank. As a result, the barrier will likely infringe the human rights of more than 210,000 Palestinians residing in sixty-seven villages, towns, and cities.

-Thirteen communities, home to 11,700 people, will become enclaves imprisoned between the barrier and the Green Line.

-The winding route of the barrier, together with the closure of areas as a result of another barrier (a depth barrier) east of the separation barrier will turn nineteen communities, in which 128,500 residents live, into isolated enclaves.

-Thirty-six communities east of the separation barrier or the depth barrier, in which 72,200 Palestinians reside, will be separated from their substantial areas farmland that lie west of the barrier.

"The Israeli authorities have promised that crossing points will be set up along the barrier, through which residents harmed by erection of the barrier will be able to cross after receiving "special permits." ... Past experience indicates that Israel takes advantage of its ability to restrict Palestinian movement in the Occupied Territories to accomplish forbidden objectives and is driven by considerations unrelated to its security. It is reasonable to assume that Israel will continue these practices and policy, in which case the crossing points will not prevent infringement of the Palestinians' right to freedom of movement."

"The area planned for Stage 1 of the barrier is among the most productive in the entire West Bank, and farming is a primary source of income in the communities that will be affected by its construction. The harm to the farming sector is liable to have drastic economic effects on the residents and drive many families into poverty."

"In deciding to build a barrier to prevent attacks within Israel, the authorities selected the most extreme solution to the problem and the one that creates the greatest harm to the Palestinian residents. Israel preferred this solution over alternative possibilities that would cause a lesser degree of harm to the Palestinians. In doing so, Israel breached its obligations under international law."

"Even if we accept Israel's claim that the only way to prevent attacks is to erect a separation barrier, Israel is required to select the route that results in the fewest possible human rights violations. The planned route almost totally ignores this principle and is based on illegitimate considerations. One of the government's primary considerations was inclusion of as many settlements as possible west of the barrier in order to increase the likelihood of their annexation into Israel."

"The overall features of the separation-barrier project give the impression that Israel is once again relying on security arguments to unilaterally establish facts on the ground that will affect any future arrangement between Israel and the Palestinians. In the past, Israel used "imperative military needs" to justify expropriation of land to establish settlements and argued that the action was temporary. The settlements have for some time been facts on the ground and Israel now demands that some of them be annexed into Israel. It is reasonable to assume that, as in the case of the settlements, the separation barrier will become a permanent fact to support Israel's future claim to annex territories."

For these reasons, B'Tselem urges the Israeli government to:

-Nullify the government's decisions regarding the separation barrier and immediately stop all work on the barrier, including the taking of land;

-If it is decided that there is no choice other than building the barrier, the government must set the route, as a rule, along the Green Line or, alternatively, within Israel.

http://www.btselem.org/English/Publications/Summaries/Behind_The_Barrier_2003.asp

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