Israeli practices – SpCttee annual report

Thirty-seventh session

Agenda item 61

REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI   

PRACTICES AFFECTING THE HUMAN RIGHTS OF THE POPULATION

OF THE OCCUPIED TERRITORIES

Note by the Secretary-General

The Secretary-General has the honour to transmit to the members of the General Assembly the attached report, which was submitted to him, in accordance with paragraph 12 of Assembly resolution 36/147 C of 16 December 1981, by the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories.

                                   CONTENTS

                                                             Paragraphs    Page

LETTER OF TRANSMITTAL …………………………………………….   4

  I.  INTRODUCTION …………………………………..   1 – 7         6

 II.  ORGANIZATION OF WORK ……………………………   8 – 18        7

III.  MANDATE ……………………………………….  19 – 23       13

 IV.  INFORMATION AND EVIDENCE BEFORE THE SPECIAL COMMITTEE   24 – 278      15

      A.  Oral evidence ………………………………  28 – 49       16

          1.  General situation ……………………….  28 – 39       16

          2.  Annexation and settlement ………………..  40 – 43       22

          3.  Treatment of detainees …………………..  44 – 49       22

      B.  Other information and evidence ……………….  50 – 278      23

          1.  "Civil administration" – Military

               Order No. 947 ………………………….  50 – 53       23

          2.  "Village leagues" ……………………….  54 – 56       25

          3.  Situation in the occupied territories ……..  57 – 150      26

              (a)  General situation …………………..  57 – 78       26

              (b)  Fundamental freedoms ………………..  79 – 101      31

                   (i)  Freedom of movement …………….  79 – 86       31

                  (ii)  Freedom of education ……………  87 – 99       33

                 (iii)  Freedom of expression ………….. 100 – 101      36

              (c)  Treatment of civilians ……………… 102 – 148      37

                   (i)  Settlers' activities …………… 132 – 145      46

                  (ii)  Administrative detention ……….. 146 – 148      49

              (d)  Incidents …………………………. 149 – 150      49

         4.  Annexation and settlement ………………..  151 – 215      50

             (a)  Policy …………………………….  151 – 158      50

             (b)  Plans ……………………………..  159 – 177      89

             (c)  Measures, including budgetary

                  appropriations ……………………..  178 – 215      93

         5.  Judicial remedies ……………………….  216 – 243     102

             (a)  Remedies against measures affecting

                  the person …………………………  216 – 234     102

             (b)  Remedies against measures affecting

                  property …………………………..  235 – 243     106

         6.  Treatment of detainees …………………..  244 – 278     108

             (a)  Prison conditions …………………..  244 – 261     108

             (b)  Individual cases ……………………  262 – 278     113

 V.  CONCLUSIONS ……………………………………  279 – 297     116

VI.  ADOPTION OF THE REPORT ………………………….     298        121

                                        ANNEXES

 I.  Map showing Israeli settlements established, planned or under

     construction in the territories occupied in June 1967 …………… 122

II.  Articles of the Geneva Convention relative to the Protection

     of Civilian Persons in Time of War of 12 August 1949 referred

     to in paragraph 297 …………………………………………. 123

LETTER OF TRANSMITTAL

27 August 1982

Sir,

The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories has the honour to transmit to you herewith its fourteenth report, prepared in accordance with General Assembly resolutions concerning the Special Committee and in particular, resolution 2443 (XXIII) of 19 December 1968, by which the Special Committee was established, and resolution 36/147 C of 16 December 1981, the latest resolution by which the General Assembly renewed its mandate.

This report covers the period from 4 September 1981, the date of the adoption by the Special Committee of its preceding report, to 20 August 1982. During this period, the Special Committee continued to follow closely the situation in the occupied territories. The Government of Israel has not changed its position with regard to the Special Committee, in spite of the efforts of the Special Committee, with which you are familiar. It is a matter of regret that the Special Committee finds itself in a position where, in addition to the withholding of its co-operation, the Government of Israel has seen fit to interfere with the proper conduct of its work; during the period covered by the report, three persons were prevented from appearing before the Special Commitee. This is a grave development which should not be allowed to perpetuate itself.

The situation of the human rights of civilians in the occupied territories during the period covered by this report has perhaps been at its worst in comparison with other years. Indeed, this report shows that the level of violence and brutality of repression is unprecedented. Twenty-one persons were shot dead during the first two months of 1982 in the West Bank and Gaza; in the Golan Heights a total blockade of the civilian population by the Israeli army continued for three months. This situation has caused and continues to be the cause of untold suffering of more innocent civilians.

Settlements continue to be established in the occupied territories and several of those already existing are being rapidly expanded; the number of Jewish settlers in these territories continues to increase. The greater portion of the land in the occupied territories has in one way or another been taken over by the occupation authorities. The economy of the occupied territories is totally subservient to that of the occupying Power. The law applicable in the occupied territories has been eclipsed by a plethora of "military orders", totalling over 950, that have established de facto a new legal régime in violation of the Fourth Geneva Convention.

In these circumstances it is to be expected that the reaction of the civilian population becomes stronger and this, in its turn, leads to more severe repression. Hence the continued deterioration in the human rights situation in the occupied territories. The Special Committee would hope that the international community will realize the danger of allowing such a situation to continue to deteriorate; in its view, the only solution that will safeguard the human rights of the civilian population of the occupied territories would be to grant the right of self-determination to the Palestinian people and to have Israel restitute the occupied Syrian territories in conformity with the numerous resolutions adopted by the General Assembly.

The Special Committee is fully aware when preparing this report that Lebanon has been invaded and that Israel, at the time of the adoption of this report, has extended its military occupation to the territory of Lebanon, giving rise to further hardship among innocent civilians in that territory. It is nevertheless the hope of the Special Committee that in spite of these negative developments, the international community will exercise its utmost efforts to bring an end to so much human suffering.

Please accept, Sir, on behalf of my colleagues and on my own behalf, the assurances of our highest consideration.

I.  INTRODUCTION

1. The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories was established by the General Assembly in resolution 2443 (XXIII) of 19 December 1968. By that resolution, the Assembly decided to establish the Special Committee, composed of three Member States; requested the President of the Assembly to appoint the members of the Special Committee; requested the Government of Israel to receive the Special Committee, to co-operate with it and to facilitate its work; requested the Special Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and requested the Secretary-General to provide the Special Committee with all the necessary facilities for the performance of its task.

2. The following Member States were appointed on 12 September 1969 to serve on the Special Committee: Somalia, Sri Lanka and Yugoslavia. The Government of Sri Lanka appointed Mr. H. S. Amerasinghe, Permanent Representative to the United Nations, as its representative on the Special Committee. The Government of Yugoslavia appointed Mr. Borut Bohte, Professor of the Faculty of Law of Ljubljana University and Member of the Federal Assembly of Yugoslavia, as its representative on the Special Committee. The Government of Somalia appointed Mr. A. A. Farah, and subsequently Mr. H. Hur-Elmi, Permanent Representative to the United Nations, as its representative on the Special Committee. On 26 April 1974, the President of the General Assembly, at its twenty-eighth session, informed the Secretary-General that Somalia had decided to withdraw from the Special Committee and that, in conformity with paragraph 2 of General Assembly resolution 2443 (XXIII), he had

appointed Senegal a member of the Special Committee. On 30 April 1974, the Permanent Representative of Senegal to the United Nations informed the Secretary-General that his Government had appointed Mr. Keba Mbaye, Chief Justice of Senegal (Premier Président de la

Cour suprême du Sénégal), as its representative on the Special Committee. On 21 September 1976, the Permanent Representative of Sri Lanka to the United Nations informed the Secretary-General that Mr. H. S. Amerasinghe had resigned from the Special Committee upon his election as President of the General Assembly at its thirty-first session. On 18 February 1977, the Government of Sri Lanka informed the Secretary-General that Mr. V. L. B. Mendis, Sri Lanka High Commissioner to the United Kingdom of Great Britain and Northern Ireland, would serve on the Special Committee at the meetings at Geneva from 22 February to

1 March 1977.

3. On 26 April 1977, the Government of Sri Lank informed the Secretary-General that it had appointed Mr. I. B. Fonseka, Deputy Permanent Representative of Sri Lanka to the United Nations, as its representative on the Special Committee. On 8 July 1977, the Government of Senegal informed the Special Committee that Mr. Keba Mbaye had resigned from the Special Committee and nominated in his stead Mr. Ousmane Goundiam, Procureur général près la Cour

suprême, as its representative on the Special Committee. On 20 July 1978, the Government of Sri Lanka informed the Secretary-General that it had appointed Mr. B. J. Fernando, Permanent Representative of Sri Lanka to the United Nations, as its representative on the

Special Committee. By a note verbale dated 11 September 1979, the Government of Sri Lanka designated Mr. D. R. Perera to attend the meetings of the Special Committee from 10 to 21 September 1979.

4. By a note verbale dated 23 April 1980, the Government of Sri Lanka designated

Mr. Nadarajah Balasubramaniam, Ambassador and Chargé d'Affaires a.i. of the Permanent Mission of Sri Lanka to the United Nations, to represent Sri Lanka at the meetings of the Special Committee from 19 to 30 May 1980. Mr. Balasubramaniam was named representative of Sri Lanka on the Special Committee by a note verbale dated 14 July 1980. At the meetings held from 21 to 25 July 1980, Sri Lanka was represented by Mr. K. K. Breckenridge, who had been designated by a note verbale dated 18 July 1980.

5. By a letter dated 16 January 1981, the Government of Yugoslavia notified the Secretariat that it had designated Mr. Becir Meholjic, Chairman of the City Commission for Foreign Affairs in Sarajevo (Bosnia and Herzegovina), as representative of Yugoslavia on the Special Committee. By a note verbale dated 10 April 1981, the Government of Sri Lanka notified the Secretary-General that it had designated Mr. I. B. Fonseka, Permanent Representative of Sri Lanka to the United Nations, to represent Sri Lanka on the Special Committee at its meetings from 21 April to 1 May 1981. By a note verbale dated 12 June 1981, the Secretary of the Ministry of Foreign Affairs of Sri Lanka notified the Secretary-General of the nomination of Mr. Fonseka as Sri Lanka representative on the Special Committee.  By a note verbale dated 31 August 1981, the Government of Senegal notified the Secretariat that it had designated Mr. Alioune Sene, Ambassador of Senegal in Bern and Permanent Representative of Senegal to the United Nations Office at Geneva, as

representative of Senegal on the Special Committee.

6. Since October 1970, the Special Committee has submitted 13 reports.1/ These reports were discussed in the Special Political Committee, which then reported to the General Assembly.2/  On the recommendation of the Special Political Committee, the Assembly adopted resolutions 2727 (XXV) of 15 December 1970, 2851 (XXVI) of 20 December 1971, 3005 (XXVII) of 15 December 1972, 3092 A and B (XXVIII) of 7 December 1973, 3240 A to C (XXIX) of 29 November 1974, 3525 A to D (XXX) of 15 December 1975, 31/106 A to D of 16 December 1976, 32/91 A to C of 13 December 1977, 33/113 A to C of 18 December 1978, 34/90 A to C of

12 December 1979, 35/122 A to F of 11 December 1980 and 36/147 A to G of 16 December 1981.

7. The present report has been prepared in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII), 3240 A and C (XXIX), 3525 A and C (XXX), 31/106 C and D, 32/91 B and C, 33/113 C, 34/90 A to C, 35/122 C and 36/147 C.

II.  ORGANIZATION OF WORK

8. The Special Committee continued its work under the rules of procedure contained in its first report to the Secretary-General.3/ At its 331st meeting on 18 January 1982,

Mr. I. B. Fonseka (Sri Lanka) was elected Chairman.

9. The Special Committee held three series of meetings during 1982. Its first series of meetings took place from 18 to 22 January 1982 at Geneva. At those meetings the Committee reviewed its mandate consequent upon the adoption by the General Assembly of resolution 36/147 C and decided on the organization of its work for the year. It reconfirmed its decision to continue its system of monitoring information on the occupied territories. The Committee decided, with reference to paragraph 13 of resolution 36/147 C, to continue to pay special attention to information on treatment of civilians in detention. At these meetings the Special Committee examined information on the situation in the occupied territories for the period commencing with the date of the adoption of its report to the General Assembly (A/36/579) on 4 September 1981. It had before it a number of communications addressed or referred to it relating to its mandate including letters addressed by Governments to the Secretary-General circulated as documents of the General Assembly and/or the Security Council under the agenda item of the thirty-seventh session of the Assembly relating to the report of the Special Committee.

10. On 1 April 1982, the Special Committee issued the following communiqué expressing concern at the situation prevailing in the occupied territories at that time:

11. The Special Committee held a series of meetings at Geneva, Amman and Damascus from 4 to 14 May 1982. At those meetings the Special Committee examined information on developments occuring in the occupied territories between January and May 1982; in particular, the Special Committee heard the testimony of persons living in the West Bank and the Gaza Strip in regard to the situation in those territories. The Committee requested the presence of Mr. Salman Natour, whose testimony was requested by the Committee in connexion with a number of reports on the treatment of the civilian population in the Golan Heights and in particular the Druze community in that area. The Special Committee had also requested the presence of Mr. Joseph Algazy, Secretary of the Israel League for Human and Civil Rights and member of the Solidarity Committee with the Druze of the Golan Heights. At the meetings held between 4 and 14 May 1982, the Committee recorded testimony of the following persons: Mr. Mohammed Milhem, Mayor of Halhul, Mr. Fahd Kawasme, Mayor of Hebron, Dr. Hanna Nasr, President of Bir Zeit University, Dr. Walid Mustapha, economist at the University of Al Najah, Mr. Abdel Jawad Saleh, former Mayor of El Bireh, Mr. Ahmad Zuhdi Nashashibi and Mr. Jamal Sourani, members of the Executive Committee of the Palestine Liberation Organization, and Mr. Joseph Algazy, Secretary of the Israel League for Human and Civil Rights. In addition, the Special Committee heard the evidence of 10 other persons in closed meetings. During the course of these meetings the Committee also conducted

consultations with His Highness Prince Hassan Ibn Talal of Jordan and members of the Government of Jordan, including the Minister for Foreign Affairs, the Minister for Occupied Territories and the Secretary-General of the Foreign Ministry.

12. In Damascus the Special Committee conducted consultations with His Excellency Mr. H. Kelani on behalf of the Ministry of Foreign Affiars of the Government of the Syrian Arab Republic in regard to the situation of the occupied Syrian territory.

13. The Special Committee visited the King Hussein Bridge, the crossing point between Jordanian territory and territory occupied by Israel in June 1967, and examined procedures and practices regarding civilians crossing to and from the occupied territories; the Special Committee also visited the camp operated by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for refugees and displaced persons from the occupied territories at Baqa, accommodating approximately 61,000 persons, and inspected the situation of the civilians accommodated in this camp.

14. At these meetings the Special Committee also considered, in addition to the hearings of the persons listed above, the situation of the civilian population in the occupied Syrian Golan Heights; pursuant to reports examined at its January meetings of serious developments reflecting a deterioration in the situation of the civilians in the occupied Golan Heights, the Committee had extended invitations to leaders of the civilian population who were presumed to be in possession of information relevant to the situation of the Syrian civilians, mainly belonging to members of the Druze sect. Invitations were thus addressed to Mr. Kamal Kinj and Mr. Mahmoud Al Safadi on 14 January 1982 inviting them to appear before the Committee at its January meetings; subsequently the Committee was informed that travel restrictions had been imposed on Mr. Kinj and Mr Safadi, followed by reports that these two persons were the subject of administrative detention orders,

together with nine other persons considered to be leaders of the Druze community. These orders, issued for an original period of three months, were subsequently extended, thus preventing the persons concerned from appearing before the Special Committee. Subsequently, in connexion with its meetings scheduled for May 1982, the Special Committee, in the light of the foregoing, requested the presence of Mr. Salman Natour, considered to be a reliable source in regard to the situation of the Golan Druze which had by that time further deteriorated. Shortly after being informed of the Committee's invitation, he was issued with a travel restriction order, thus preventing him from appearing before the Committee. In the case of Mr. Kinj, Mr. Safadi and Mr. Natour, the Special Committee, in view of the physical impossibility of their participation at its meetings, was the recipient of duly

authenticated written statements informing the Committee of the essential elements of their experience. The Committee has taken account of these statements in this report.

15. The Special Committee convened again from 23 to 27 August 1982. In the course of its meetings it examined communications addressed to the Special Committee or referred to it concerning the situation in the occupied territories, including petitions addressed to the Secretary-General and to the Committee by civilians in the occupied territories concerning their plight resulting from certain measures taken by the occupation authorities. The Committee considered and adopted a draft report reflecting the situation of human rights in the occupied territories during the period since the date of the adoption of its last report on 4 September 1981 contained in the present document.

16. On 22 January 1982, letters were sent to the Governments of Jordan and the Syrian Arab Republic and to the Palestine Liberation Organization referring to General Assembly resolution 36/147 C and requesting information relative to the mandate of the Special Committee. At the same date, a letter was sent to the International Committee of the Red Cross, also referring to resolution 36/147 C. A number of reports were received from the Governments and from the Palestine Liberation Organization transmitting information on the situation in the occupied territories.

17. On 22 January 1982, the Chairman of the Special Committee addressed a letter to the Secretary-General which reads as follows:

18. On 23 February 1982, the Under-Secretary-General for Political and General Assembly Affairs addressed a letter to the Chairman of the Special Committee which reads as follows:

III.  MANDATE

19. The General Assembly, in its resolution 2443 (XXIII) entitled "Respect for and implementation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices. Affecting the Human Rights of the Population of the Occupied Territories, composed of three Member States.

20. The mandate of the Special Committee, as set out in the above resolution, was to "investigate Israeli practices affecting the human rights of the population of the occupied territories".

21. In interpreting its mandate, the Special Committee determined that:

(a) The territories to be considereed as occupied territories referred to the areas under Israeli occupation, namely, the Golan Heights, the West Bank (including East Jerusalem), the Gaza Strip and the Sinai Peninsula. Following the implementation of the Egyptian-Israeli Agreement on Disengagement of Forces of 18 January 1974 and the Agreement on Disengagement between Israeli and Syrian Forces of 31 May 1974, the demarcation of the areas under occupation was altered as indicated in the maps attached to those agreements. The areas of Egyptian territory under Israeli military occupation were further modified in accordance with the Treaty of Peace between the Arab Republic of Egypt and the State of Israel which was signed on 26 March 1979 and which came into force on 25 April 1979. On

25 April 1982, the Egyptian territory remaining under Israeli military occupation was restituted to the Government of Egypt in accordance with the provisions of the aforementioned agreement. Thus, for the purposes of the present report, the territories to be considered as occupied territories are those remaining under Israeli occupation, namely, the Golan Heights, the West Bank (including East Jerusalem), and the Gaza Strip;

(b) The persons covered by resolution 2443 (XXIII) and therefore the subject of the investigation of the Special Committee were the civilian population residing in the areas occupied as a result of the hostilities of June 1967 and those persons normally resident in the areas that were under occupation but who had left those areas because of the hostilities. However, the Committee noted that resolution 2443 (XXIII) referred to the "population" without any qualification as to any segment of the inhabitants of the occupied territories;

(c) The "human rights" of the population of the occupied territories consisted of two elements, namely, those rights which the Security Council referred to as "essential and inalienable human rights" in its resolution 237 (1967) of 14 June 1967 and, secondly, those rights which found their basis in the protection afforded by international law in particular circumstances such as military occupation and, in the case of prisoners of war, capture. In accordance with General Assembly resolution 3005 (XXVII), the Special Committee was also required to investigate allegations concerning the exploitation and the looting of the resources of the occupied territories; the pillaging of the archaeological and cultural heritage of the occupied territories; and interference in the freedom of worship in the Holy Places of the occupied territories;

(d)  The "policies" and "practices" affecting human rights that came within the scope of investigation by the Special Committee referred, in the case of "policies", to any course of action consciously adopted and pursued by the Government of Israel as part of its declared or undeclared intent; while "practices" referred to those actions which, irrespective of whether or not they were in implementation of a policy, reflected a pattern of behaviour on the part of the Israeli authorities towards the Arab population of the occupied areas.

22. Since its inception the Special Committee has relied on the following international instruments in interpreting and carrying out its mandate:

(a) The Charter of the United Nations;

(b) The Universal Declaration of Human Rights;

(c) The Geneva Convention relative to the Protection of Civilian Persons in

Time of War, of 12 August 1949;4/

(d) The Geneva Convention relative to the Treatment of Prisoners of War, of

12 August 1949;5/

(e) The Hague Convention for the Protection of Cultural Property in the Event

of Armed Conflict, of 14 May 1954;6/

(f) The Hague Conventions of 1899 and 1907 respecting the Laws and Customs of

War on Land;7/

(g) The International Covenant on Civil and Political Rights, and the

International Covenant on Economic, Social and Cultural Rights.8/

23. The Special Committee has also relied on those resolutions relevant to the situation of civilains in the occupied territories adopted by United Nations organs, the General Assembly, the Security Council, the Economic and Social Council and the Commission on Human Rights, as well as the relevant resolutions of the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the International Labour Organisation.

IV.  INFORMATION AND EVIDENCE BEFORE THE SPECIAL COMMITTEE

24. In the course of carrying out its mandate, the Special Committee has taken note of information reaching it through a variety of sources, such as individuals,  organizations and Governments. At its meetings, the Committee had before it several communications addressed to it, directly or referred to it by the Secretary-General, from sources inside the occupied territories, as well as from several parts of the world. Where necessary, the Committee has followed up information contained in these communications.

25. The Special Committee has taken particular care to rely on information that has not been contradicted by the Government of Israei or that is commonly considered as reliable by that Government.

26. The Special Committee has relied on the following sources:

(a) The testimony of persons with first-hand knowledge of the situation of

the population in the occupied territories;

(b) Reports in the Israeli press of pronouncements by responsible persons in

the Government of Israel;

(c) Reports appearing in other news media, including the Arab language press

published in the occupied territories in Israel and the international press;

     (d)  Reports submitted to it by Governments, non-governmental bodies and

individuals on the situation in the occupied territories.

27. The Special Committee undertook a series of hearings at Amman, Damascus, and Geneva during its meetings from 4 to 14 May 1982. At these hearings, the Committee heard the testimony of persons themselves living in the occupied territories having a first-hand knowledge of the human rights situation existing in those territories. The large majority of these persons were heard in closed meetings; others testified in public meeting. These testimonies are contained in documents A/AC.145/RT.338, 341, 342, 347 and 348. In view of the particular nature and importance of this testimony, the Special Committee decided that certain elements of this evidence should be reproduced in its report. In the following paragraphs the Committee gives a sample of these elements, subdivided by subject matter as follows: (a) evidence referring to the general situation; (b) evidence referring to

annexation and settlement; and (c) evidence referring to treatment of detainees.

A.  Oral evidence

1.  General situation

28. A number of witnesses appeared in closed meeting. An El Bireh inhabitant testified before the Special Committee on the events concerning the dismissal of the Mayor of El Bireh, Ibrahim A-Tawil, and its municipal council on 18 March 1982. The witness described the ill-treatment of protestors by Israeli soldiers and settlers when the dismissals were announced. The witness also described the brutality with which protests against measures taken by the Israeli authorities were suppressed; Israeli soldiers and settlers used dogs, tear-gas and bullets to disperse rioters.

29. Another witness testified about the harassment of civilians and municipal employees, who refused to co-operate with the Israeli civilain administration. He mentioned in particular the situation in Nablus. He noted a general shortage in the health service; he acknowledged there was a social security system in the West Bank, but the fees were excessive compared to the service rendered.

30. In reference to the situation of education in the occupied territories, a witness referred to the problems encountered in applying Jordanian curricula, and the Israeli interference with the educational system exemplified in problems in obtaining licences to build schools or to run certain courses at university. He stated that teachers were forcibly transferred to other schools and downgraded; others were dismissed. Local educational officials were also dismissed if they opposed the Israeli education policy.

31. Two witnesses, who were in the vicinity at the time, gave a detailed account of the Al Aqsa Mosque incident. They also mentioned that threatening letters signed by "Kahane and the village league staff" were sent to several Palestinians from Jerusalem inducing them to stop praying at the Holy Shrine.

32. Another witness gave a personal account of the demolition of his house in Maghraba Quarter in the old city of Jerusalem. He had received an eviction order by the Israeli authorities and a request to rebuild his house elsewhere.

33. One witness informed the Special Committee about the difficulties being experienced by farmers (whose number constitutes the vast majority of the civilian population in the occupied territories) in making a living, owing mainly to the interference of the Government of Israel in the organization and planning of agriculture in the occupied territories. In a sense, the agriculture in these territories was subjected to measures to ensure that it provided no competition to Israeli agriculture; Israeli agricultural products, which were heavily subsidized, had to compete with Palestinian farmers who not only did not enjoy subsidies but, in addition, had to cope with harassment and limitations by the occupation authorities. This resulted to a large extent from the establishment of the large number of Israeli settlements who were given cultivable lands to the detriment of

Palestinian farmers. They also received electricity and water and other facilities when such facilities were being systematically denied to the local farmers. The occupation authorities made attempts to undermine the formation of agricultural co-operative societies through a variety of measures including the harassment of its leaders and the denial of such societies' participation in the appropriate plans for the production and marketing of agricultural products; similarly, due to the deprivation of appropriate storage facilities, agricultural production of the occupied territories dissipated rapidly to the advantage of Israeli products which benefited from highly sophisticated technology. Agricultural co-operatives in the occupied territories were the subject of increased pressures since the

establishment of the "civilian administration" and the subsequent formation of "village leagues" who were given discretionary powers tantamount to outright control of Palestinian agriculture.

34. In the course of the hearings conducted by the Special Committee at Damascus on

12 May 1982, the Special Committee was addressed by Mr. A. Z. Nashashibi, Secretary-General of the Executive Committee of the Palestine Liberation Organization (PLO) and head of the Economic Department, and by Mr. J. Sourani, member of the Executive Committee of the PLO. Mr. Nashashibi described to the Committee the manner in which the Government of Israel was carrying out its policy of annexation, principally through the promulgation of several orders that brought about, in their totality, radical alteration of the existing law in virtually all areas of the life of the individual. This legislation extended to property,

including various ways in which property could be taken over by the Government of Israel, the strict control of access to the water resources of the occupied territories, restrictions on foreign trade, limitations on exports, and a general paralysis of economic activity. As a consequence, Israeli products which were subsidized and properly planned flooded the market which would normally be available to the economy of the occupied territories. Mr. Nashashibi stated that the economic future of the occupied territories was linked with the political future; so long as the Palestinian people were not allowed to exercise their right to self-determination, their economy would remain inextricably linked and subjected to the economy of the occupying Power. On the other hand, there was an interest on the part of the occupying Power to maintain this economic subservience in order to perpetuate its supremacy. Mr. Sourani explained to the Special Committee the international political considerations that continue to dominate the plight of the Palestinian people, traced the history of Zionism as it manifested itself in Palestine and expressed grave doubts that any change in the situation of the Palestinian people would come about unless and until the international political spectrum altered, either through international action or Palestinian reaction to the continued indifference of the international community to their cause.

35. In their testimony before the Special Committee, Mr. Fahd Kawasme, Mayor of Hebron, and Mr. Mohammed Milhem, Mayor of Halhul, described in detail the situation prevailing in the occupied territories; they noted an increase in violence and an escalation of terrorist activities, such as kidnapping of Arab youths by armed settlers. This led to a great number of casualties among the civilian population of the occupied territories. They referred to the policy pursued by the Israeli Government exemplified by the introduction of the civilian administration system and its implementation since November 1981. The dismissal of

mayors and the dissolution of elected municipal councils was perceived as interference in the running of local municipal affairs, but a logical consequence of the Israeli policy. In addition, the village league system and the Israeli attempts to induce people to join it, served the cause of the Israeli Military Government and Israeli settlers. They referred to the harassment to which people who opposed the new administration were subjected, including the deposed Mayors and councillors.

36. Dr. Hanna Nasr, President of Bir Zeit University, himself an expelled person, testified before the Special Committee on the changes that had taken place in the educational system in the occupied territories. He stated that infringements on freedom of education is accompanied by infringements on freedom of the press. University students do not have access to literature which is available in the Arab world. A panel composed of professors of the Hebrew University in Jerusalem who published their investigation stated that university students should be allowed to obtain and consult any book for use restricted to the libraries. He also stated that severe taxes were levied on equipment used for educational purposes that had to be imported from abroad; in addition, changes have been made in textbooks, a measure condemned by the United Nations Educational, Scientific and Cultural Organization. Dr. Nasr stated that all four universities in the occupied

territories (Bir Zeit, Al Najah, Bethlehem and Gaza) had been closed down intermittently, but certainly not for security purposes. A severe infringement on freedom of education, in his opinion, was Military Order No. 854. He considered this order to be contradictory to the basic principles of academic freedom as exemplified by the requirement of permits needed by professors as well as students before they can teach and enrol in university. He acknowledged that there had been no universities in the occupied territories before the occupation but stated that they were built despite the occupation. Bir Zeit University, for example, started to operate in 1973-1974 with 200 students; at present 2,000 students are enrolled in this university. In addition to the four universities at present, there are

seven institutions of higher learning. Abu Dis College in Jerusalem operates with 60 students but is subject to the same permit requirements as the universities. Dr. Nasr, giving the example that an average student costs the university $2,000 a month, stated that the real problem was the Israeli threat to put restrictions on funds coming from abroad. He stated that already the restriction exists that nobody can enter the occupied territories with more than 1,000 Jordanian dinars ($3,000). In the framework of the recently-introduced system of civilian administration, refusal to co-operate with this administration implies refusal of permits for education purposes. He stated that the introduction of the new administration was used as an excuse to prevent teachers and faculty members from entering the territories, although this policy had been pursued before its introduction. A result of this education policy, according to Dr. Nasr, puts a heavy burden on students who are faced with the dilemma of either co-operating with the authorities to obtain privileges (for example the permission to study in a university abroad), or refusal to co-operate with the risk of being heavily fined or imprisoned.

37. Dr. Walid Mustapha, a professor of economics in Al Najah University, testified before the Special Committee on the counter-productive effects of the Israeli policy on the West Bank economy. The Israeli authorities reduced economic activity in the West Bank with Arab countries by restricting imports and levying additional taxes. He stated that in the period 1971-1979 the price of goods imported from Israel into the occupied territories was 26 times the price of goods exported from the occupied territories through Israel, 32 per cent of which goes to Jordan. Dr. Mustapha stated that the West Bank and Gaza markets are currently second to the American markets, as far as imports from Israel are concerned. Despite official Israeli reports indicating that Israel does not support agriculture and industry in the West Bank, they impose 12-15 per cent extra taxes on goods. This policy

includes harassment of shopkeepers by tax officials; in case of non-payment, shopkeepers are fined or imprisoned. Another way in which the authorities collected sizeable amounts of money from the local Arab population was by the imposition of heavy fines on persons found guilty of throwing stones; in several cases, these fines amounted to 15,000 shekels ($555). The witness stated that another means of controlling the West Bank economy was to limit to 1,000 Jordanian dinars the amount Arabs could bring in with them from trips abroad, while Israelis go on fund-raising tours in America, boosting the Israeli economy. Dr. Mustapha

stated that Arab labourers from the occupied territories who work in Israel are exploited in comparison with their Jewish counterparts, as exemplified in lack of health insurance, social security, unemployment compensation and wages. He gave the example of the use of child labour (children less than 14 years of age). While the cost of living of a five-member family in the occupied territories is 7,500 shekels a month and the average wage is 3,000 shekels a month, an Israeli family of the same size needs 9,700 shekels while the income was over 6,000 shekels. He furthermore stated that the Israeli settlement policies had a negative bearing upon the situation in the West Bank. Israeli control of water resources affected severely the fruit market in Gaza. As a result of the meager

economic situation in the West Bank, local Arabs are foced to look for employment elsewhere in the Arab world.

38. In his testimony, Mr. Abdel Jawad Saleh, former mayor of El Bireh, testified on the policy followed by the Israeli authorities in the occupied territories in the recent months. He referred to "village leagues" which were established, according to Mr. Saleh, as part of an attempt to consolidate annexation which had de facto already taken place. The annexation of the occupied territories remained "unofficial" to avoid giving the Government of Israel the burden of having to provide for the Palestinian population existing therein at present and the expected increase in this population in the future, which, for the Government of Israel, would constitute a threat to the demographic balance of Israel as a Jewish state. The establishment of the "village leagues" was also part of the policy followed by the Government of Israel to divide the civilian population with a view to

alienating a considerable portion of this population from the occupied territories, thus facilitating eventual annexation of the territory and a considerably reduced Palestinian population. The imposition of "alternative leadership" was being carried out by the appointment of individuals whose reputation left much to be desired. Mr. Saleh gave examples of the criminal records of several of such members of the "village leagues". They did not enjoy any public support but in spite of this they were furnished with arms from the occupation authorities. Two of these members of the "village league" had, indeed, been assassinated in late 1981. These "village leagues" were formed in some five areas; attempts to set them up in certain areas had failed but it was anticipated that the Israeli authorities would increase efforts to establish more of them. The establishment of the

"village leagues" reflected part of the policy followed by the Government of Israel as from September 1981 aimed at destituting or otherwise weakening municipalities that had been elected by popular vote and which consisted of persons who supported the Palestine Liberation Organization. The municipal leaders had on several occasions openly stated that the sole representative of the Palestinian people was the PLO. In response to questions by the Special Committee, Mr. Saleh affirmed that the "village leagues" which were formed only in the last quarter of 1981 upon the implementation of a Jordanian law that had fallen into desuetude, had originally been founded as a charitable association having no fund-raising power. However, there were generous financial donations given by the Israeli authorities

and they were also given the provision denied to other organizations to receive donations; this, in particular was to be compared with the denials of permission to municipalities of access to funds donated to them by Arab Governments and the PLO. In addition to being a "charitable society", Mr. Saleh said that the "village leagues" obtained their money through bribes received for the granting of certain permits for which they were empowered by the Israeli authorities as, for instance, summer visitors' permits, and in some cases, building permits. Requests for permits by the civilian population to receive visits from family members living outside the occupied territories in the context of the summer visitors' scheme had to be addressed to the "village leagues". Such permits were only granted by the "village leagues" upon the payment of bribes.

39. Mr. Joseph Algazy, Secretary of the Israeli League for Civil and Human Rights, gave a detailed description of the situation in the occupied territory based largely on direct experience and eye-witness accounts. He stated that the use of arms in order to suppress protests by youths and university students had become a regular pattern, resulting in the death of more than 20 persons. In the past a commission of inquiry to look into the circumstances of the deaths had been established. According to the witness this practice had been abandoned. Soldiers pretended to shoot in the air and at legs, but in fact had fatally wounded several civilians. Some Israeli leaders, according to Mr. Algazy, justified the use of tear-gas, sticks and bullets as self-defence, but the fact remained that armed

soldiers opposed unarmed civilians. The witness gave some examples of protests that took place in villages in the West Bank not endangering public peace; but yet the Israeli army responded with violence. It had become a recurrent phenomenon that settlers join with soldiers to suppress demonstrations. Mr. Algazy stated that villagers complained that settlers had kidnapped children, on the pretext of stone-throwing, then had taken them to settlements and maltreated them. The Israeli authorities took away bodies from hospitals, on the pretext of holding an autopsy, but in fact buried them secretly at night, allowing only the next of kin to be present. He also stated that heavy fines, up to 20,000 shekels, were imposed on youths of 12 to 13 years of age for stone-throwing incidents, while youths of 16 to 18 years of age were sentenced to periods of imprisonment. In reply to questions posed by the Special Committee, Mr. Algazy stressed that, where fines were not paid, members of the accused's family were imprisoned. Mr. Algazy stated that a number of soldiers, in private or in public, testified about the cruelties they had to inflict upon the local population. A soldier related to an Israeli journalist an event in which he had participated in Hebron: 30 children of 12 to 13 years of age were forced to stand against a wall with their hands up and anyone who moved was kicked. The soldier was quoted as having stated "I do not know how I could do this to them. Sometimes, you did so, acting like a machine, exactly as you were taught to act while in training". Another soldier related an event in Rafah, Gaza in which he participated: "A car with Arab workers was stopped at a

road block, the passengers thought the soldiers were seeking identification but immediately upon opening the car doors, a number of soldiers with their commanders attacked the workers and beat them in a cruel way, using the butts of their rifles and their steel helmets as well as their hands. While soldiers beat the workers, others smashed the lights of the car". Mr. Algazy stated that the reason for recurring protests was that the local population opposed the civilian administration and "autonomy". In a similar context he quoted the remark of a reserve officer as saying "We are gradually losing our humanity". The witness informed the Special Committee of the manner in which the dismissal orders were

given. He stated that he was present when Mr. Bassam Shaka'a, Mayor of Nablus, received the order dismissing him from his elected office. Upon the request of Mr. Shaka'a to confirm the dismissal in writing, the soldier delivering the order told him that it was an oral order. Members of dissolved municipal councils have been subjected to harassment in the form of being repeatedly summoned to the office of the local Military Governor, where they are kept waiting for an entire day, after which they are instructed to report again on the following day. Another form of interference with municipal developments is the freezing of local projects by the military authorities. He stated that mayors, journalists, trade unionists and members of student unions were constantly subjected to infringements pertaining to their basic human rights, for example, freedom of expression and freedom of

movement. Mr. Algazy stated that the freedom of education is severely hampered by the Israeli authorities' interference in the university administration; they decide to whom they give, or withhold, teaching permits. He referred to a report written by a group of Hebrew University professors in which they condemned the measures taken against the Universities of Bir Zeit, Al Najah and Bethlehem, and other institutions of higher learning in Gaza and Hebron. The Israeli authorities also interfered with the choice of books, several of which appear on a black list and are confiscated. Paintings bearing the three colours of the Palestinian flag are similarly confiscated.

2. Annexation and settlement

40. A witness testified about the Israeli discriminatory treatment among Arabs and Jews, in particular with respect to the health situation. He stated that the Israeli authorities had closed down an anti-tuberculosis centre and a blood bank that served all the Arab hospitals. He referred to the difficulties in obtaining licences to build hospitals and nursing schools; since there is no medical school in the West Bank, graduates who want to do their specialization have to go abroad.

41. A farmer testified about the difficulties the local population encounters in agriculture, because of the Israeli settlement policy. He referred to the confiscation of water wells for new settlements, which dried out the resources of the Arab population. He stated that children under 14 years of age were forced to work on Israeli settlements against extremely low salaries (half a Jordanian dinar a day).

42. Another witness stated that although he had obtained a licence to build a number of shops close to the Ibrahimi Mosque in Hebron, Israeli authorities nevertheless destroyed the foundations that he had built. In another case a housing plan for teachers could not be carried out because the High Court of Israel rejected an appeal to grant a building permit.

43. Mr. Algazy stated that approximately half of the territory in the West Bank had been confiscated. He also informed the Special Committee, however, that no official figures were available. Mr. Algazy quoted the former Supreme Court Judge, Mr. Haim Cohen, as saying that the declaration as "state land" of land, where the title deeds could not be produced "is stealing". Mr. Algazy also referred to related events that took place in the Golan Heights immediately after the June war in 1967. After the majority of the population had fled, Israel gradually expropriated land, established up to 30 settlements and took over water control, culminating in the law passed in the Knesset on 14 December 1981 annexing the

territory of the Golan Heights to the State of Israel. As a result of this measure, the population of the Golan Heights declared a general strike. The Israeli authorities reacted by forcing the population to accept Israeli identity cards, thereby making the population dependent upon the Israeli administration. The continued protests led to a wave of arrests, dismissals and a rupture in communications and, on 25 February 1982, a blockade was imposed on the villages of Majdel Shams, Ma'asada, Buqata and Ein Kinya which lasted for 45 days. The severe restrictions put on the population led to major inconveniences; the population was even prevented from obtaining medical aid outside the area. Mr. Algazy quoted the former Supreme Court Judge, Mr. Haim Cohen, as saying at a press conference in Jerusalem on 15 April 1982 that "This is not Israeli law or administration, this is the law of barbarians".

3.  Treatment of detainees

44. A witness, in closed meeting, who had been imprisoned for expressing his feelings as a teacher, stated that he had been imprisoned for four years in different prisons (Nablus, Beit Lid, Ashkelon, Ramle, Beersheba and Hebron). He referred to the abhorrent conditions in Beersheba prison (45 prisoners in a cell of 5 m x 6 m).

45. Two witnesses, each of whom had spent considerable periods in detention in several prisons, referred to the efforts of ICRC and expressed their recognition of the efforts undertaken by ICRC delegates in a very difficult situation. In their testimony these two former detainees emphasized the extremely hard conditions and referred to the fact that, in their view, the improvements, however slight, that they witnessed during their detention were due to the efforts of ICRC delegates.

46. Another witness described the conditions of his interrogation during which he was subjected systematically to beatings and other forms of physical ill-treatment. He was sentenced to 14 years' imprisonment after a pre-trial detention of nine months and spent most of his imprisonment in Beersheba prison. Having developed what he described as a serious medical condition, this detainee spent over one year in clinics and was eventually released after serving just over three years of his sentence.

47. A witness who was arrested in 1970 and sentenced seven months later to life imprisonment informed the Special Committee of the treatment to which he had been subjected in several prisons in the occupied territories. These included the Sarafand interrogation centre and the Nablus and Ashkelon prisons. In the course of the long hunger-strikes in which he participated in 1976, his treatment was particularly severe.

48. One witness had spent 12 years in detention the greater part of which in Ashkelon prison. The witness informed the Special Committee of the severe conditions of detention in Ashkelon prison which gave rise to a series of hunger-strikes principally aimed at ending habitual ill-treatment and poor conditions including overcrowding, poor food and health care and lack of exercise. The witness testified that his treatment was most severe in the early stages of his imprisonment.

49. Mr. Algazy recalled a visit to relatives of Palestinian prisoners who were at that time serving long prison sentences in Nablus. The relatives informed him that the prisoners suffered from poor prison conditions; small, overcrowded prison cells, lack of sanitary facilities, maltreatment and undernourishment, all of which contribute to outbreaks of disease and illnesses within the prisons. Mr. Algazy informed the Special Committee that, in his opinion, there was obvious discrimination in the treatment accorded as between political and criminal detainees.

B.  Other information and evidence

1.  "Civil administration" – Military Order No. 947

50. In September 1981, the Minister of Defence, Mr. Sharon, proposed a new scheme for the government of the occupied territories according to which the civilian and military administration would be separated. Civilians would replace military personnel in the various administrative offices. Security and military duties would remain the responsibility of specifically designated military units. The plan, which was to be implemented as of 1 November 1981, was reportedly rejected by the civilian population on the grounds that it would tend to perpetuate the occupation. On 1 November 1981, Professor Menachem Milson was appointed Civilian Governor of the West Bank; the post of Regional Commander was abolished and security matters were placed under the central Regional Commander. The Civilian Governor was directly responsible to the Prime Minister. A number of other plans were made in the following weeks, including the redesignation of the Military Governor of the Gaza Strip, Yusef Lunz, as Civilian Administrator. (Jerusalem

Post, 21, 23, 25 September; Ha'aretz, 21, 22, 23 September; The Times Guardian,

24 September; International Herald Tribune, 24, 28 September 1981; Ha'aretz, 4, 5, 14, 21, 23, 24, 28, 29 October; Jerusalem Post, 5, 9, 21, 22 October; Ma'ariv, 28 October; Al Fajr

Weekly, 4-10, 11-17 October; International Herald Tribune, 5, 6, 20 October; Times, 6, 21 October; Le Monde, 6 October; Time Magazine, 5 October 1981; Jerusalem Post, 1, 20, 27 November; Ha'aretz, 3, 19, 20, 27 November; Al Fajr Weekly, 6-12 November 1981)

51. On 8 November 1981, Military Order No. 947 was issued entitled "Order for the

Establishment of the Civilian Administration, Judea and Samaria". Until then the West Bank had been administered by a Military Government which had assumed under Military Order No. 2, dated 7 June 1967, "all legislative, executive and administrative powers previously held by the Jordanian Government". Order No. 2, section 2, states that "all laws which were in force in the area on 7 June 1967 shall continue to be in force as long as they do not contradict this or any proclamation or order made by (the West Bank area commander) or conflict with the changes arising by virtue of the occupation by the Israeli Defence Forces of the area".9/ According to several sources, subsequent military orders and regulations

have virtually altered the Jordanian law in force in the area to the effect that Israel has in fact been acting within this territory as a fully sovereign government exercising complete legislative, administrative and judicial authority over the area and its inhabitants. The Israeli policy embodied in the numerous military orders is consistent with Prime Minister Begin's statement in August 1981 that Israel "will raise its claim to sovereignty over the West Bank". International law, and particularly article 64 of the Fourth Geneva Convention, restricts the power of a belligerent occupant to carry out legislative enactments altering local laws except in the areas of security and public order.

52. Unlike Military Order No. 946, Order No. 947 established a governing body, the civilian administration, to which certain powers were delegated. According to article 3 (a) of the Order, the head of the civilian administration, as appointed by the Area Commander, has the following powers:

(a) All powers determined by the law except those specified by the laws listed in schedule 1 attached to the Order;

(b) All powers determined by the security, also called military, orders listed in schedule 2 attached to the Order.

Article 3 (b) states that "with respect to this article, acts of legislation that were issued by virtue of the law, after the determining date (6 June 1967) shall be regarded as part of the law and not as security legislation". Article 4 of the Order entitles the head of the civilian administration to proclaim subsidiary legislation based upon the laws and security orders according to which he is empowered to act. Article 5 gives the power to delegate authority in order to execute the laws and security order.

53. The avowed purpose of Order No. 947 is to institutionalize the already existing separation of the civilian from the military functions in the military Government. Article 3 of the Order, therefore, distinguishes between the powers retained by the Military Commander and the powers conferred upon the civilian administration. By virtue of article 3 (a), the Area Commander retains all powers not specifically transferred to the civilian administration. These residual powers include:

(a) Powers acquired by virtue of laws and regulations listed in schedule 1 of the Order, including the extensive powers granted under the Jordanian and British Defence Emergency Regulations (1935) and (1945);

(b) The powers in all the military orders not listed in schedule 1 and not amending Jordanian law; and

(c) The legislative power to issue new military orders.

The head of the civilian administration is empowered to administer a corpus of laws and military orders, including Order No. 172, that established the Military Appeals Board and Order No. 783, establishing the Regional Councils for Jewish settlements, through the making of appointments and the issuing of licences and permits; the requirement to obtain some licences existed in Jordanian law. By specifying the limits of the power delegated to the head of the civilian administration, the Order implies that all powers not transferred to the civilian administration are non-civilian and are therefore military and security-related.

2.  "Village leagues"

54. In September 1981, the Military Government undertook a campaign to revitalize "village leagues". According to reports, the village league system was originally established at the time of the British mandate when the Jewish Agency, through the Arab Affairs Section, attempted to foster opposition to the Supreme Muslim Council. Subsequent to the signing of the Camp David Accords the village league system was restored but it only became noteworthy upon the establishment of the civilian administration in the occupied territories. A number of reports reflected the activities of civilians, members of these "village leagues", mainly identified with the occupation authorities. The establishment of the "village leagues" provoked protests among the civilian population, and two persons identified with this system were assassinated in November 1981. The Ministry of Defence subsequently authorized members of the leagues to carry arms. In a related development, a

committee under the name "Committee for the Defence of the Palestinian Villages" was established in the West Bank to counteract the village league system. (Jerusalem Post, 16, 28 September 1981, 1 December 1981, 10, 11, 14, 16, 18, 19 March 1982; Al Fajr Weekly, 13-19, 20-26 September 1981, 12-18 March 1982; Ha'aretz, 16 September 1981, 1 December 1981, 4, 17 March 1982; Asha'b, 4, 10, 18 September 1981; Al Ittihad, 18, 21 September 1981; Yediot Aharonot, 20 December 1981)

55. The Israeli authorities established a "village league" in the Qalqilya area (northern West Bank) headed by Mr. Ismail Marzouk Odeh, head of the village council of Hilet El Mahlit. The Qalqilya "village league" was the fifth to be established in the West Bank after those established in the Hebron, Ramallah, Bethlehem and Jenin areas. It was reported that the Israeli authorities put pressure on the mukhtars of local villages to join the village league system. (Ha'aretz, 9, 10, 12 February; Al Fajr Weekly, 8-14 January, 12-18 February 1982)

56. An additional "village league" in the Nablus district, grouping 40 village mukhtars, were being established. "Village leagues" already operated in the districts of Hebron, Bethlehem, Ramallah, Tulkarem and Jenin. (Ha'aretz, 17, 23 June, 7 July; Jerusalem Post,

17 June, 7, 11 July; Asha'b, 6, 17, 18 June; Al Fajr Weekly, 18-24 June, 9-15 July;

Al Ittihad, 18 June, 9 July)

3.  Situation in the occupied territories

(a) General situation

57. Several reports indicated the problems faced by West Bank towns and West Bank and Gaza societies owing to the ban imposed by the military authorities on funds coming from abroad. Inter alia, the Nablus Municipality received a letter from the Military Government stating that the Council had brought into the country 15 million Israel shekels, a matter "which contradicts existing laws". The Military Government issued an order prohibiting the expansion or construction of buildings inside the refugee camps in the West Bank and Gaza Strip. The new order constituted a novelty in that hitherto the Military Government had not interfered directly with refugee camp affairs. (Al Fajr Weekly, 11-17, 16-22, 23-29 October, 30 October-5 November; Ha'aretz, 12 October)

58. The Military Government issued a military order, amending Order No. 517 which prevents "any kind of identification with a hostile organization". The Order stated that "any kind of identification by means of written or verbal statements with any hostile organization or any support to its goals and aims by means of hoisting its flag, singing its anthems, exhibiting its marks or raising its slogans will be outlawed and punishable". (Al Fajr Weekly, 6-12 November 1981)

59. The Movement for Civil Rights and Peace established a team composed of "public figures, jurists and activists" to look into irregular acts in the territories, consisting of cases on maltreatment or distortion of justice involving Arab inhabitants of the territories. In another development, the Prime Minister, Mr. Begin, stated that the Government would give the law-abiding inhabitants of the "administered territories `the maximum concession'", but that it would not tolerate attacks on Jewish or Arab civilians and on Israeli soldiers. Mr. Begin affirmed that "we consider the throwing of stones, molotov cocktails or hand-grenades a threat to the lives of soldiers and civilians alike". (Ha'aretz, 25 November; Jerusalem Post, 26 November 1981)

60. The Minister of Defence, Mr. Sharon, stated that his "new punitive policies were balanced", and he warned that "not a single stone will be thrown in Judea and Samaria". In addition, he stated that he did not advocate demolishing houses as a punishment for throwing stones, but only for throwing fire-bombs or carrying out other "sabotage and terror" actions against Israeli troops or civilians. The Chief of Staff, Mr. Raphael Eitan, during a visit to a high school in Israel stated, concerning the policy of blowing up houses, that "we are looking for the culprit and we shall harm only him"; he added "if a youth your age throws an incendiary bottle, and in another case it can be a grenade, we have to punish him and deter him". (Jerusalem Post, 23, 29, 30 November; Ha'aretz,

30 November 1981)

61. The Israeli Minister of Defence, Mr. Sharon, by virtue of his authority as commander of the Zahal forces in the region and in accordance with the provisions of regulation (1) B of the Defence (Emergency) Regulations of 1945, has outlawed the National Guidance Committee, the "supreme body of PLO supporters in the territories". From a legal point of view, it is now possible to court-martial any committee member for political purposes and sentence him to prison without recourse to appeal. The idea behind the move was to dismiss a number of mayors in the territories (most of them are members of the National Guidance Committee) from their posts and to replace them by others who are considered moderate. Under Jordanian law applied in the West Bank, the Minister of the Interior may appoint

another mayor replacing the incumbent. (Jerusalem Post, Ha'aretz, 12 March; Al Fajr Weekly, 19-25 March 1982)

62. On 18 March 1982, the Civilian Administrator of Ramallah, on the instruction of Professor Milson, handed Mr. Ibrahim A-Tawil, Mayor of El Bireh, an order dismissing him and dissolving the Municipal Council. This measure sparked off the most serious wave of disturbances in the territories since June 1967. According to the order, the dismissal was "necessary for maintaining the orderly government and the public". In his order, Professor Milson invoked his powers under Jordanian municipal laws promulgated in 1955 and Military Order No. 830 issued in 1980, as well as "the rest of the authority vested in me by law or security order". The Israeli Ministry of Defence stated that the El Bireh Municipal Council had persisted in its refusal to discuss municipal matters with the civilian administration and had adopted resolutions expressing its non-recognition of the civilian administration, and that the situation "seriously harmed the interests of the town and its residents". Professor Milson subsequently issued an order designating an appointed committee to administer the municipal affairs on behalf of the civilian administration in order to ensure dispensing of municipal services to the population. It was also reported that Mr. Yosef Bar-Koehba, who served in the Ramallah Military Government, had been appointed to replace the Mayor of Ramallah. (Jerusalem Post, 19 March; Ha'aretz, 16, 19 March; Al Fajr Weekly, 19-25 March 1982)

63. In the events following the dismissal, Jewish settlers joined in with Israeli troops to quell the violent disturbances, firing at demonstrators and killing two Arab youths and wounding others. The head of the "Mateh-Benjamin" council (grouping several settlements in Samaria) acknowledged that settlers "had indeed used fire arms in a number of incidents and had fired in the direction of the rioters' legs", but "this was in compliance with the Zahal directives which authorized such shooting in case of danger of life". Security officials subsequently reported that "an inquiry and a clarification would be held with

regard to active participation of Israeli settlers in the West Bank in the dispersing of demonstrators by means of shooting". It appeared to security officials that several groups of settlers "grossly overstepped their instructions and procedures and fired even when there was no imminent danger for their life". A 37-year-old Jewish settler of Shilo in "Samaria" was remanded in custody for 15 days by a Jerusalem magistrate's court for having fatally shot Muhammad Abdullah Yussuf Suhwain (18), and in an ensuing clash between settlers and local Arabs in Bani Naim (Hebron) Farhan Ali Issal Al Mansara (17) from Sinjil was killed. (Ha'aretz, 21, 22 March; Jerusalem Post, 22, 24, 25 March; Al Fajr Weekly,

26 March-1 April 1982)

64. Reports reflected severe measures adopted in dispersing demonstrations. At the funeral procession for Ibrahim Aly Darwish (18) from El Bireh, fatally shot in the abdomen on 20 March 1982 during riots in which two others were injured by Israeli troops, soldiers threw dozens of tear-gas grenades at the demonstrators, resulting in the wounding of a 55-year-old woman. According to the initial findings of the commission of inquiry which was set up to look into the circumstances of the killing of the youth from El Bireh, it emerged that the shooting soldiers had acted "in keeping with all the instructions and had not

overstepped them". During a clash with demonstrators at the Deir-Ammar refugee camp north-west of Ramallah, Muhammed Hamad Dib (17) was killed and two others seriously wounded. A 13-year-old boy, Bassam Mazoul Al Najar, was shot in the head during a demonstration in northern Sinai, while in Jenin, Fadhi Kanouh (21), who stabbed a border policeman, was shot at close range by another. Security sources reported that at first security personnel had asked the demonstrators to disperse, and when they failed to do so the security personnel used tear-gas grenades. According to these sources the throwing of tear-gas grenades did not help to disperse the demonstration. "Only then did the soldiers fire in the air and then in the direction of the demonstrators' legs." At the end of one week of violence the balance was seven people killed, including an Israeli soldier, 31 injured and hundreds of people reportedly arrested. (Ha'aretz, Jerusalem Post, 21, 23, 24,

25 March; Al Fajr Weekly, 26 March-1 April 1982)

65. In the crackdown on the population of the territories the Israeli authorities resorted to a number of measures; curfew was declared on a number of areas; El Bireh, Ramallah and Nablus were put under a partial blockade. The Central Region Commander,

Mr. Or, acknowledged that "blocking towns with road blocks was a  collective punishment, but riots were also a collective act and people who threw stones now realized that this caused them discomfort". A number of prominent West Bank mayors were detained and subsequently released on bail (Mr. Wahid Hamdallah, Anabta, and Mr. Amin Nasser, Qalqilya) and restricted in their movements. Newspapers were confiscated for infringing censorship instructions. The violence that started in the West Bank spread over to the Gaza Strip and East Jerusalem, where in one day 30 arrests were reported. In Halhul, the Military Government closed the only pharmacy in the town, belonging to the expelled Mayor,

Mr. Milhem, for a period of one month. (Ha'aretz, 21, 22, 23 March; Jerusalem Post, 21, 22,

23, 25, 26 March; Al Fajr Weekly, 26 March-1 April 1982)

66. The Government reiterated its determination "to maintain law and order in the administered territories" and never to agree to "the partition of Eretz Yisrael or the creation of a Palestinian State". The Israeli civilian administrator, Mr. Milson, subsequently dismissed from office the Mayor of Nablus, Mr. Bassam Shaka'a and the Mayor of Ramallah, Mr. Karim Khalaf, on 25 March 1982, for refusal to co-operate with the civilian administration and restricted their freedom of movement. Mr. Ibrahim A-Tawil, who was ousted on 18 March 1982, was put under town arrest; deposed Mayor Khalaf was confined to Jericho. According to the Minister of Justice, Mr. Nissim, the civilian administration in "Judea and Samaria" had its legal basis in the Military Government and therefore the Palestinian Mayors had no legal grounds to refuse to co-operate with it. (Jerusalem Post, 22, 26, 28 March; Al Fajr Weekly, 26 March-1 April 1982)

67. The Military Government put forward a law of "Land and Building Planning" for the West Bank region, enabling the Government to take control of most of the region's land. The Higher Planning Committee decided to approve the project and to leave 60 days for objections. The project envisages the division of the area into specific zones. A yellow zone was designated as "special sites", the land of which has been allocated to Israeli settlements. (Asha'b, 2, 16 May; Al Fajr Weekly, 7-13 May)

68. A red zone encompassing Ein Sinai (Ramallah province) in the north, Beit Fajjar (Bethlehem province) in the south, Abu Diss and Azzariyya in the east and Beit Awwa al Tahta in the west allows construction on the villages' own land. Within the framework of the plan, no land has been allocated to the municipalities of Ramallah, El Bireh, Bethlehem, Beit Jala and Beit Sahur, stifling the growth of the municipalities. The remaining land was designated for agricultural purposes, after the Agricultural Areas Law had been modified, excluding the possibility of dividing these agricultural lands to protect their use for construction purposes. A road network, dividing the area into "district", "regional" and "local roads", links the "special site", i.e., the settlements, but it does not serve Arab cities and villages. One hundred and six citizens of the village of Al Qabiba, north-east of Jerusalem, filed a petition with the Israeli Officer of Internal Affairs in the Military Command at Bethel against the new reform project. (Asha'b, 2, 16 May, 17 June; Al Fajr Weekly, 7-13 May)

69. According to information, the military authorities are currently paving the way to take control of ground water sources in the occupied territories by the Israeli Water Company, Mekarot. The take-over involves seven water schemes in Kabateya-Araba (near Araba); Beit Ayba (Nablus area); Al Zaweya (Nablus area); Abud-Shabetin (Ramallah area); Al Ghol (Bethlehem area); Dier Sha'ar (Hebron area);  and Al Samu (Hebron area). Digging permits for new water wells were suspended, the quantity of water of each well was controlled and, according to the source, those who pumped up water in excess of the quantity were punished. According to the Israelis, the take-over by Mekarot will improve the drawing up of projects by the Water Department in the West Bank. (Asha'b, 23 June)

70. Private Frank Gampel and Lieutenant Ramy Heled were sentenced to 28 days' imprisonment each by an Israeli disciplinary court for refusing to do their reserve service beyond the Green Line. The accused explained their refusal stating that they were not ready to participate in actions against the civilian population in the territories. (Ha'aretz, 5 May; Jerusalem Post, 5 May).

71. The International Labour Organisation criticized Israel for the expropriation of Arab land and the regulation of local water rights in the territories carried out in "the name of promoting Jewish settlement". (Report of the Director-General of the International Labour Organisation, 68th session (1982), para. 16; Jerusalem Post, 9 May)

72. A military prison will start operating shortly designated for detainees accused of participation in demonstrations and who are awaiting trial. The military prison will be established at Al Far'a police station, near Tubas, and will be under the control of the military police. (Al Fajr Weekly, 7-13 May)

73. The total population of the Gaza Strip was 470,535, of whom 278,708 were refugees, according to a census taken at the end of 1981. The surface area is 464,000 dunams, making the population density the highest in the world. (Asha'b, 13 May)

74. The Minister of Justice, Mr. Nissim, stated that the security forces were studying methods of controlling crowds in the territories; all military governors in the territories had received a handbook called "Main Points of Policy and Means of Implementing Them". In this connexion, another source reported plans to set up a new paramilitary body in the occupied territories. The new patrol would be made up of civilian administration employees and West Bank settlers. He pointed out that the security forces' "mistake" in preventing free movement of Golan Druzes, who do not hold Israeli identity cards, was made "because the Golan is Israeli territory", and the security forces' actions there "are not meticulously planned and legally scrutinized in advance, as in the territories". (Jerusalem

Post, 16 May; Al Fajr Weekly, 28 May-3 June; Yediot Aharonot, 25 May)

75. The Minister denied that vigilant action by Jewish settlers in the West Bank is widespread. He also denied that police and judicial authorities are lenient towards Jewish settlers in the territories who commit crimes against Arabs. He added "we investigate each case and bring suspects to trial", and people are not always tried for demonstrating illegally. (Jerusalem Post, 16 May)

76. The Attorney-General, Mr. Zamir, stated that "settlers in Judea and Samaria are entitled to use firearms only when they have the clear-cut necessity to defend themselves, in accordance with the legal criteria accepted customarily in this sphere". Settlers, according to Zamir, "do not enjoy the same status as soldiers, with respect to the use of firearms; they are subjected to the same criteria as other residents". (Jerusalem Post, 27 May)

77. The operation of bus companies in Bani Naim and Hebron was made subject to permission by the Hebron Village League. In addition, the bus company had to pay a tax of 2,500 Jordanian dinars to the League. The same league started a newspaper called "Umm Al Kura" (mother of the villages) aiming at "ending the occupation and acquiring the right to determine our own future through direct negotiations between Israel and Palestinians".

(Asha'b, 3 June; Jerusalem Post, 17 June; Ha'aretz, 17 June)

78. The West Bank civilian administration dismissed by order the elected municipal councils of Nablus and Dura. The Mayor of Dura was given the order by Mr. Milson, who cited article 29 of the Municipal Regulations (1955). A committee of four "village league" members, headed by Abd Al Fatah Aissa Dudein. The civilian administration subsequently dismissed the Mayor of Jenin, Mr. Ahmed Shauki, and its municipal council, and the Mayor of Gaza, Mr. Shawwa, for reasons similar to those of all other dismissals: refusal to co-operate with the civilian administration. The Municipal Council of El Bireh protested against the practices of the appointed military authorities in the town; the manipulation of official records and the levying of exorbitant taxes; municipal taxes were allegedly increased without taking into consideration the existing laws and systems. (Ha'aretz, 17, 23 June, 7 July; Jerusalem Post, 17 June, 7, 11 July; Asha'b, 6, 17, 18 June; Al Fajr

Weekly, 18-24 June, 9-15 July; Al Ittihad, 18 June, 9 July)

(b) Fundamental freedoms

(i) Freedom of movement

79. The Military Governor in the Golan Heights decided to revoke the restriction orders imposed on four Druze inhabitants from the Golan Heights, who had made "defamatory statements" against the Military Government. The Co-ordinator of Activities in the Territories, Mr. Danny Matt, authorized the return of the former Mayor of Ramallah, Mr. Nadim Zarou, on the condition that he should not engage in any political activity. Mr. Zarou had been expelled from the West Bank in 1969. (Ha'aretz, 23, 25, 28, 29 October; Jerusalem Post, 25, 28 October; Yediot Aharonot, 25 October; Al Fajr Weekly, 4-10 October, 11-17 October, 23-29 October, 30 October-5 November 1981)

80. A number of reports reflected Mr. Sharon's "tough-line policy" against leading Palestinian academics and other public figures by restricting their movements or refusing travel permits. Mr. Haj Abed Abu Diab from the Jerusalem Arab Electricity Company was prevented from going to Amman. The Mayor of Nablus, Mr. Bassam Shaka'a was banned from travelling to the Netherlands because he had criticized the Israeli occupation during previous trips abroad. (Ha'aretz, 11, 13 November 1981; Al Fajr Weekly, 6-12 November, 20-26 November 1981; International Herald Tribune, 13 November 1981; Times, 11 November 1981)

81. The Israeli military authorities restricted a number of local leaders from the occupied territories in their freedom of movement. Mr. Ibrahim Dakkak, Chairman of the West Bank Engineers' Union; Mr. Jiryis Khoury, Chairman of the West Bank Lawyers' Union and

Mr. Abd Abu Diab, head of the Jerusalem District Electricity Company's Employees' Committee, were confined to the Jerusalem municipal area and were prevented from leaving the area without prior authorization. The Mayor of Nablus, Mr. Bassam Shaka'a, was not allowed to travel to Jordan and ordered not to leave his town "under any circumstances".

(Jerusalem Post, 3 January; Ha'aretz, 3 January; Al Ittihad, 5 January; Asha'b, 6 January; Al Fajr Weekly, 8-14 January)

82. Seven students from Bir Zeit University, Mufid Abd Rabu from Tulkarem, Bassam Sulmy from Ramallah, Nazhat Shahin from Ain Arik (Ramallah area), Ghassan Jarar from Jenin, Essam and Ribhi Al Aroura and La'ila Muri from Jenin, were put under town arrest. The editors of the newspapers Al Fajr (Mr. A. Sayed), Asha'b (Mr. Hanya) and Attalia (Mr. Bargouthi), who have been under house arrest for the last 18 months, were not allowed to leave their towns of residence, Ramallah and El Bireh. In addition, four inhabitants of the West Bank and East Jerusalem were confined to their places of residence, after organizing food and financial contributions for the striking Golan Druzes. The town arrest of Mr. Ghassan Shaha'a, a lawyer, was extended for another six months. Mr. Hassan Bargouthi, General Secretary of the Restaurant and Cafe Workers' Union, was informed that his town-arrest order had been extended for the fourth time for a period of six months. (Ha'aretz, 11, 12 January, 26 February; Asha'b, 14 January; Al Fajr Weekly, 15-21 January, 29 January-4 February, 5-11 February, 26 February-4 March 1982)

83. The Military Governor of Hebron renewed for the fourth time the town-arrest order against Mr. Ahmad Ibrahim Bakr Al Natshe (70) and Mr. Badran Jabr (35). The first order was issued against them on 10 January 1980. The Israeli Military Government lifted the ban on travel imposed on residents of Askar and Balata refugee camps (Nablus) and the village of Kufr Khalil after two months. Residents of Anabta were also allowed to travel to Amman, after their ban was lifted. The Israeli military authorities issued orders restricting the following personalities to their towns of residence for a period of six months: Dr. Amin Al Khatib, chairman of the Charitable Societies (East Jerusalem); Mr. Faisal Husseini, Director of the Arab Studies Centre in Jerusalem; Mr. Khalil Abu Zayyad (Hebron); Mr. Samih Abu Aisheh, member of the Red Crescent Society in Hebron; Mr. Ali Abu Hilal (Abu Dis) and Mr. Riyad Agha, President of the Islamic Institute in Gaza. (Al Fajr Weekly, 29 January-

4 February, 19-25 February, 5-11 March)

84. In March 1982, the Israeli authorities imposed restrictions of movement on a number of public figures. The authorities renewed the six-month town-restriction order imposed on Sheilah Jamil Mahmoud Ibrahim Shitayyeh from Salem, near Nablus. Mr. Mohammed Kamel Jarar from Nablus was served with a six-month restriction order; the student Aman Ateireh, a Bir Zeit University student, was confined by an order running retroactively from 24 February until 9 May 1982. (Al Fajr Weekly, 19-25 March, 26 March-1 April 1982)

85. The military authorities continue to interfere with the freedom of movement of personalities from the territories. The restrictions imposed affected private individuals who were restricted to their town of residence (Mr. Shaka'a is  consistently being followed by an Israeli guard and has been put under house arrest on more than one occasion), or who were prevented from going abroad, as well as West Bank and Gaza cities and refugee camps as a whole. The most affected cities in the West Bank were Ramallah, El Bireh, Halhul and the refugee camps of A-Dahaysha (Bethlehem) and Askar and Balata (Nablus). The Israeli authorities subsequently issued new regulations, making the crossing into Jordan more

difficult. As of 1 June 1982, West Bank villagers were no longer able to fill in the required forms themselves, attach a revenue stamp and travel to the bridge. According to the new instructions, the forms now have to be submitted to the local civil administration officer. Once they have been approved, the forms will be returned either via the civil administration, the village league or local village leaders (mukhtars). A spokesman for the civil administration was quoted as saying that "there is no change in the policy of the administration". (Jerusalem Post, 4 May, 2 June; Ha'aretz, 3, 4, 17 May; Ma'ariv, 31 May; Asha'b, 12, 16, 19, 23, 31 May, 1, 2, 20 June; Al Fajr Weekly, 21-27 May, 28 May-3 June, 4-10, 11-17, 18-24 June, 25 June-1 July, 9-15 July)

86. With regard to some individual cases, Laila Marei and Selim Rizkallah, members of the Bir Zeit Students' Association, were still under house arrest and prevented from sitting for the examinations. The military authorities extended the house arrest of Marei and Enam Al Tayra, members of the same student association by three months. Miss Isheyra Komel was informed that her house arrest had been extended by a period of six months. In addition, the town restriction order imposed on Jiryis Khoury, head of the West Bank Lawyers' Syndicate, and Ibrahim Dakkak, head of the West Bank Engineers' Syndicate, were renewed for a period of six months. (Asha'b, 11, 13 May, 2, 3 June; Al Fajr Weekly, 21-27 May, 9-15 July)

(ii) Freedom of education

87. The number of pupils in schools in "Judea and Samaria" was approximately 280,000 compared with 260,000 in 1980-1981 and 137,000 in 1967. Most of the pupils studied in 797 government and UNRWA schools. The number of teachers increased from 8,020 in 1980 to 9,271 in 1981. The Military Government advocated the creation of secondary classes in villages at the request of the local population in order to alleviate transportation difficulties. Another source reported that the Israeli authorities decided to proceed with the order, issued in August, to transfer over 150 teachers within the West Bank school system; 40 teachers were to be transferred before 1 September 1981. Members of the Teachers' General Committee in the West Bank considered the transfers as punitive measures against the teachers whom the authorities suspected to be activists in the teachers' strike from end-1980 to early 1981) and in the Teachers' General Committee. (Ma'ariv, 31 August;

Asha'b, 6 September; Al Fajr Weekly, 13-19 September 1981)

88. A committee of five Hebrew University teachers published an "unofficial report" on "The Condition of the Universities in the Occupied Territories", in which they rejected the charge by "senior Military Government sources" that the academic activities of the West Bank universities "are at best a cover-up for political activity and at worst, for subversive activity". Military Order No. 854, promulgated by the Military Government in July 1980, subjected the running of universities to the granting of an annual licence by the Government; it imposed similar controls on the appointment of academic staff and the selection of students and the drawing up of curricula and textbooks. The report stated that the Order "allows for infringement of academic freedom" and, furthermore, "the fact that the Order has not been invoked since its promulgation strengthens our conclusion that it was unneeded". The Committee's investigations covered the condition of Bir Zeit University, Bethlehem University, Al Najah University, the Islamic College in Hebron and the Religious College in Gaza. The report found no evidence to support the charges that teaching at the universities, primarily at Bir Zeit, "perverts reality and has little regard for the truth", and "that the study of geography at Bir Zeit is based on denying facts". The Committee also investigated the charge that the dismissal of the President of Bethlehem University, Mr. Joseph Lowenstein, was detrimental to academic freedom. The report pointed out that Mr. Lowenstein had been fired because "the Jordanian Government refused to grant the university academic recognition, one condition for which was acceptance of the university by the Association of Arab Universities". The report criticizes the Military

Government's refusal to allow the "creation of additional departments" in Bethlehem

University and the refusal to allow Al Najah University to build a new campus. It also condemned the Government's censorship of books in the West Bank, from which 658 books have been banned officially. The report pointed out that the Military Government had over the years closed down universities five times: the committee defined closing a university as "an act of collective punishment and as such unacceptable". On the other hand, the report pointed out that in 1967 there were no universities in the "administered areas" whereas there were now five, and that "there has been no real friction between the Military Government and the universities with regard to student admissions, setting curricula and budgeting". (Jerusalem Post, 21 October 1981)

89. A Druze regional secondary school in Ma'asada (Golan Heights) was closed down by order of the Military Government following the students' refusal to participate in Hebrew classes. The school was allowed to reopen after three weeks; students responsible for the disturbances were reportedly being tried in a military court. (Jerusalem Post, 6, 27 November; Ha'aretz, 6, 24, 27 November; Asha'b, 6 November; Al Fajr Weekly, 20-26 November 1981)

90. Bir Zeit University reopened on 4 January 1981 after it had been closed for a period of two months by the Israeli military authorities. Several Bir Zeit personalities, i.e., Dr. Gabi Baramki, were placed under temporary town arrest during that period. The reasons for the first closure given by the military authorities were that despite recurring warnings given to the President of the university, disturbances had continued. The same authorities warned that Bethlehem University and Al Najah University in Nablus would face a closure if they failed to have control over students and teachers. After an incident in which an employee of the civilian administration was attacked by students inside the premises of the university on 16 February 1982, the university was closed down again for a period of two months by order of the Military Government; according to some sources the

closure was due to the fact that the university authorities were unable to guarantee the safety of the education employees inside the campus and in view of previous warnings given to the university by the Central Region Commander. (Jerusalem Post, 5 November 1981,

5 January, 17, 18 February 1982; Ha'aretz, 5, 13 November 1981, 5 January, 16, 17, 19, 23 February 1982; Al Fajr Weekly, 8-14 January, 19-25 February 1982)

91. The Board of Governors of Al Najah University in Nablus decided to close the institution for an unlimited period of time following disturbances between student factions. It also decided to suspend from studies, until further notice, 51 students from the faction who were pro-PLO and supporting the Muslim Brotherhood. The university subsequently reopened after a closure of 37 days on 16 February 1982. The Chairman of the university's Board of Governors, Mr. Hikmet El Masry, was prevented from leaving for Jordan to hold consultations on the disturbance, but was subsequently allowed to leave. The technical college in Hebron was closed down for a short period of time after similar disturbances. (Ha'aretz, 12, 14, 20, 21 January; Jerusalem Post, 15 February; Al Fajr Weekly, 15-21 January, 19-25 February)

92. A $US 5-million contract for the construction of educational institutions in the West Bank and East Jerusalem has recently been confiscated from Mr. Anwar Nusseibeh by the security forces. Security sources said that the contract had been confiscated because the money came from PLO sources. According to the report, Mr. Nusseibeh had been bringing in money from Jordan to the West Bank since 1967 with the authorities' knowledge. (Ha'aretz, 30 April)

93. The military authorities continued to close down secondary schools as a punishment for "alleged demonstrations" and stone-throwing by students. The most affected were schools in Jabaleya refugee camp, the Kadri Tukan and Mazour Al Masri schools in Nablus and those in Bir Zeit and Hebron. Some schools are closed for a period of two or three weeks and allowed to reopen; others are subject to constant harassment including arrests of students by the Israeli authorities. (Asha'b, 30 April, 3, 4, 5, 11, 12, 14, 16, 17, 18 May, 2 June; Jerusalem Post, 12, 17 May; Al Fajr Weekly, 7-13 May, 4-10 June, 11-17 June, 10-24 June)

94. The military authorities, in addition, decided to close down three institutes of higher studies in Ramallah and Qalandiya. The interference with the education at the universities continued. The President of Bir Zeit University, Gafi Baramki, complained that since the reopening of the university in May "we have not had a moment of peace". The military authorities continued to put up road-blocks at the entrance to the university; Israeli troops searched student dormitories, confiscating books, reviews and posters; on different occasions a large number of students were arrested. At the beginning of July 1982, Bir Zeit was closed down for the third time for a period of three months and scores of students arrested. (Jerusalem Post 12, 13 May, 8, 9 July; Ha'aretz, 13 May, 9 July; Yediot Aharonot, 16 May; Asha'b, 12, 13, 23 May; Al Fajr Weekly, 21-27 May, 28 May-3 June;

Al Ittihad, 9 July)

95. Al Najah University in Nablus faced similar problems. Over a period of two months road-blocks were erected, removed and re-erected, suspending studies. Scores of students were arrested on different occasions. On 28 June, the university was allowed to reopen for the first time in three weeks. Bethlehem University was also closed down because disturbances had taken place there. (Jerusalem Post, 13 May, 17 June; Asha'b, 3, 12, 13, 16, 17 May, 17, 20, 22, 23, 28 June; Al Fajr Weekly, 21-27 May, 11-17, 18-24 June,

25 June-1 July, 2-8 July)

96. The Ministry of Education turned down a request by high school students from Majdal Shams (Golan Heights) to allow them to take the matriculation examinations without producing identity cards; 10 out of the 56 candidates accepted identity cards for that purpose. The Minister of Education, in a similar development, fired 200 out of 235 Druze teachers from the Golan Heights, who have refused to reopen local schools since 15 February, the date on which the Druze community started a strike against the Israeli annexation of the Golan Heights. (Jerusalem Post, 20 May, 21 June)

97. The Al Najah University Board of Trustees (Nablus) dismissed four teachers: Mr. Naela Zu'eiter, Mr. Adnan Idris, Mr. Al Shaka'a and Mr. Hani Barakat; 11 other teachers were warned. It was reported that nine teachers were on the Israeli "black list", being former political prisoners, and forbidden to leave the country. Subsequently, classes were cancelled owing to a student strike. Mr. Khalil Yunis from Yatta was transferred to Surif (north-west of Hebron; 35 kilometres from Yatta). According to sources, the transfer was made for political reasons. The Israeli authorities arrested 14 students from Bethlehem

University. (Asha'b, 20 October; Ha'aretz, 30 October; Al Fajr Weekly, 4-10, 11-17, 23-29, 30 October-5 November 1981)

98. Mr. Saleh Awad Henayyhen, a teacher of English at Tarqumiya village school (Hebron), was dismissed by the military authorities. No reason was given. The Military Government in addition expelled Mr. Suhaileh Ahmad Ghannam, a teacher at Beit Awwa school (Hebron).

Mr. Ibrahim Jebril Al Salibi, a teacher at Beit Omar school, received a dismissal order. Mr. Mohammed Jalammeh, a teacher from the Jenin area, was also dismissed. The West Bank Teachers' Association issued a statement which said that the civilian administration dismissed 11 teachers for membership in the Teachers' Association in 1981. (Al Fajr Weekly, 15-21 January, 5-11 February; Ha'aretz, 1 March 1982)

99. The Israeli authorities dismissed Lina Mohammed Hassan Milhem, daughter of the expelled Mayor of Halhul, Mr. Mohammed Milhem, from her post as English language teacher at a Hebron girls' school. No reason or notice was given in justification of her dismissal.

(Asha'b, 1 June 1982)

(iii) Freedom of expression

100. The Arab newspapers Al Fajr, Asha'b and Al Quds received a new order from the military censorship requesting them to submit to it all their articles and photographic materials before publication. The order was to remain in force until the end of 1982. The civilian administration in "Judea and Samaria" prevented a number of times the distribution in the West Bank of the three East Jerusalem daily papers Al Quds, Al Fajr and Asha'b. Asha'b has been confiscated from 19 to 31 March, from 1 to 26 April and from 8 to 21 June, totalling 42 days. The English edition of the newspaper Al Fajr continues to be heavily censored. An average of more than 50 per cent of the articles originally submitted are totally censored. The Military Government will not permit trade and labour unions in West Bank villages to open new branches. [Note: A number of applications were addressed to the Israeli High Court of Justice in efforts to have these orders lifted (see sect. IV B 5, "Judicial remedies", below).] (Al Ittihad, 8 January; Al Fajr Weekly, 26 February-4 March, 5-11 March, 21-27 May, 18-24 June, 25 June-1 July; Ha'aretz, 1 March, 9, 11, 22 June; Asha'b, 10 June)

101. A total of 1,100 books, 800 according to another source, almost exlusively in Arabic, have been banned from distribution to the territories by the Israeli authorities in order "to prevent the creation of hatred in the territories". The sources said that the legal underpinning for the book ban is the Defence (Emergency) Regulations of 1945 which empower the censor to ban "what he likes throughout Israel and the administered areas". The sources added, however, that "we use these powers only selectively, regarding the territories".

(Ha'aretz, 2, 22 December 1981; Jerusalem Post, 21 October 1981, 6 April 1982; Al Fajr

Weekly, 28 May-3 June 1982)

(c) Treatment of civilians

102. A special "examining magistrate for the causes of a death" was to investigate on the recommendation of a police commission of inquiry, the circumstances of death of Abdul Rahman Otman Mustafa Abu Hasnin (24) from Rafah. He died shortly after having been beaten by two border policemen on 7 April 1981. The commission of inquiry recommended that the policemen be put on a disciplinary trial since there was no justification for resorting to violence against Abdul Rahman. The commission decided to exonerate the policemen from the responsibility of causing Abdul Rahman's death, basing their decision on a report of the Institute of Forensic Medicine which determined that the man suffered from heart deformities which were the principal causes of the death. (Ma'ariv, 7 August 1981)

103. The State Tribunal of Labour of Israel criticized the "subhuman" working conditions of Arab workers from the territories, who work in Israel without a permit. It alleged that the Government did not give proper trade union protection to Arab workers. In a related development, a report of the economic situation in the occupied territories called on the United Nations "to open an investigation into the conditions of Arab workers in the territories". The report, inter alia, stated that the Arab labourer gets about 42 per cent of what his Israeli counterpart receives. (Ha'aretz, 25 September, 1, 5 October; Al Fajr

Weekly, 4-10 October; Jerusalem Post, 5 October 1981)

104. A villager from Yitma, near Nablus, Mr. Wahid Taher Shaib, complained that a civil administration officer called "Abu Issam" had beaten him with a whip because of his involvement in the supply of an electric generator to his village, which, according to the authorities, was unauthorized. Mr. Bassam Shaka'a, Mayor of Nablus, complained about the harassment inflicted upon him and his wife by Israeli soldiers; body guards are still protecting Mr. Shaka'a against his will. (Jerusalem Post, 25 September; Asha'b, 18 October; Ha'aretz, 19 October 1981)

105. Lawyers in Gaza complained about continuous raids of their offices and houses by tax officials, who confiscated all their documents and files concerning citizens' cases. The lawyers had been requested to pay an "additional" tax of IS 100.000 each. It was subsequently reported that the Gaza Chamber of Lawyers had decided to return the assessment notices covering the period 1976-1981 sent by the Customs Department. (Al Ittihad,

3 November; Ha'aretz, 15 November; Al Fajr Weekly, 6-12 November 1981)

106. According to some reports, an Israeli "all-out assault" on unions, municipalities and public figures took place in the West Bank resulting in mass arrests for alleged incitement, strikes and demonstrations. The associate editor of Al Fajr in Gaza,

Mr. Mohammed Al Radwan, was detained and subsequently released on bail of IS 5,000.

Mr. Akram Haniya, editor of the newspaper Asha'b, was detained by a court order for a period of 16 days; Mr. Haniya had been under town arrest in Ramallah for the past 18 months. Mr. Ibrahim Dakkak, head of the Engineers Union, and Mr. Jiryis Khoury, head of the Lawyers Union, were arrested. Mr. Dakkak's detention was extended for five days; Mr. Khoury was released for lack of evidence; they had been charged with "incitement". (Ha'aretz, 11, 12 November; Jerusalem Post, 11 November; Asha'b, 12 November; Al Fajr Weekly, 20-26 November; Guardian, 12 November 1981)

107. Border police troops enterd the building of the A-Zahara girls' secondary school in Jenin. Muhammed Abd El Fatah Jarar (15), who allegedly had called on the schoolgirls to demonstrate, was slightly injured. In Beit Sahur, Israeli forces opened fire over the heads of demonstrators and arrested 17 persons, among them a 13-year-old boy and five other minors. Subsequently, security forces raided three buildings owned by Mr. Georges Mikhail Qameya, Mr. Matya Jabr Abu Attya and Mr. Abdel Wahod Moussa Al Assim. After the attack on Mr. Yussuf al Hkatib, chairman of the Ramallah District "Village League", suspected of collaboration with the Israeli authorities, a curfew was imposed on the villages of Ein Arik, Silwad, Kanya and Mazrat Kibliya. After a protest march against the closure of Bir Zeit University in Ramallah, scores of local residents were arrested and, according to

eye witnesses, severely beaten. (Ha'aretz, 13 November; Jerusalem Post, 19, 23, 29 November; Al Ittihad, 17 November; Asha'b, 19 November; Times, 16 November; International

Herald Tribune, 13, 30 November 1981)

108. Nasr Abu Aita (19), a student at the Bir Zeit University, who protested against the blowing up of his house in Beit Sahur by the Israeli military authorities, alleged that he had been ill-treated by an Israeli officer in his house prior to its demolition. The officer stated that Mr. Aita was in possession of bombs. Mr. Raphael Eitan, Israeli Chief of Staff, stated in this connexion that the Israeli authorities would continue to demolish houses of Arab families. "The relatives of every boy who throws incendiary bottles at Israelis should know that they will lose their house", according to Mr. Eitan. The Israeli military authorities subsequently authorized the owners of the four houses that were

dynamited in Bethlehem and Beit Sahur to rebuild them on the same site. Through their lawyer, Mrs. Felicia Langer, the four families claim 130,000, 58,000, 80,000 and 68,000 Jordanian dinars, respectively, from the Israeli authorities. (Ha'aretz, 6, 18 December; Jerusalem Post, 18 December; Al Fajr Weekly, 27 November-3 December, 4-10 December,

26 December-7 January)

109. Two Israeli army officers were to stand trial for an attack on an Arab from Beit Ur-Atahta under aggravating circumstances and for conduct "which is unbecoming to their rank". The incident, which took place in November 1981, had been reported to the Investigating Military Police and the results of its inquiry were submitted to the Central Region Command's judge advocate, who ordered a trial (Ma'ariv, 3 December; Jerusalem Post, 4 December 1981)

110. A 17-year-old Arab youth, Mr. Mahmoud Abu Nahleh from Rafah (Gaza Strip) was killed, and three others, aged 10, 14 and 16, were wounded when Israeli troops opened fire on a Palestinian demonstration. A curfew was imposed on the area. In Al Najah University, Israeli forces shot tear-gas bombs into the crowd. One source reported that the soldiers acted "according to standing orders". Israeli military forces broke into Betunia school and arrested several students; in Majdal Shams (Golan Heights) a large number of people who protested against the Israeli annexation of the Golan Heights have been arrested.

(Ha'aretz, 8, 9 December; Jerusalem Post, 8, 10 December; Asha'b, 8, 22 December;

Al Ittihad, 8 December 1981)

111. Israeli customs and excise personnel raided 15 clinics in Gaza and Khan Yunis in search of tax records. A strike by 400 physicians and pharmacists followed the imposition of excise-added tax by the Israeli authorities on residents in the territories. A Gaza physician, Dr. Aly Abu Afesh was arrested and refused to be released on bail of IS 4,000 after being fined IS 10,000 for failing to pay the tax. Dr. Mahmoud Al Zahur, President of the Arab Doctors' Association in the Gaza district, was dismissed from his post. (Ma'ariv, 3 December; Ha'aretz, 11 December; Jerusalem Post, 3, 10, 13 December; Asha'b, 4 December; Al Fajr Weekly, 26 December 1981-7 January 1982)

112. The security forces and the civilian administration in the territories are to adopt a different attitude regarding means of punishment, designed to reduce disturbances of the peace and the use of firearms by the Israeli army. Economic sanctions will be more frequently imposed on families of persons involved in disturbances of the peace. In this connexion, families of five students who had been tried for this offence charged that sentences passed on their sons had been prepared in advance and that the military court had ignored material losses sustained by the students' families following the destruction of their houses, amounting to 80,000 Jordanian dinars for each house. (Ha'aretz, 7 May;

Asha'b, 26 April)

113. According to statistics gathered by a Palestinian news bureau in Jerusalem, the number of people injured between 16 March and 6 May 1982 totalled 365. Among them, 251 were wounded by bullets; 31 citizens were killed and 12 others kidnapped. The Chief of Staff, Mr. Rafael Eitan, stated that soldiers use live ammunition only as a last resort after first firing rubber bullets. He said that every death in the area had been probed and that no cases had been found in which standing orders on opening fire had been disobeyed. The following list is given in two sources:

______________________________________________________________________________________      

(Jerusalem Post, 6 May; Ha'aretz, 6, 14 May; Al Ittihad, 7 May; Al Fajr Weekly,

7-13 May)

114. Six reserve officers, who had just completed service in the territories, charged the Government with responsibility for the fact that Israeli soldiers were "increasingly losing their human image in their activities in the West Bank". They furnished the Israeli Judge Advocate-General with information concerning "violent and brutal conduct by the security forces towards Arabs on the West Bank and the Gaza Strip". They charged that "the army has nothing to propose to the soldiers in the West Bank except using shots, and the threshold of pulling the trigger is extremely low". One officer related that "soldiers and commanders become victims of the Government's policy, which does not pay attention to other measures and methods of action". Others charged that recruited soldiers who hardly knew how to shoot were given security assignments on the West Bank and attacked Arabs "like wild animals", and that "the population which we have in front of us is turning from human beings into objects". They also stated that the Jews who live in the West Bank aggravated the problems: "Jewish settlers take the law into their own hands, and treat the Arabs in the territories in a degrading and humiliating manner". It was subsequently reported that the Judge Advocate-General instructed an investigation in connexion with "allegations of irregularities and improper conduct by soldiers against Arab inhabitants of the territories". In a reply to critics on the moral code in the Israeli army, the Chief Education Officer, Mr. Avi Zohar, stated that "soldiers called upon to quell violence on the West Bank do so with not a little soul-searching". He added: "Because they are meticulous in guarding the moral code of the Israel Defence Forces, the number of its

violations has never been smaller and the investigation of them has been speedy and

thorough". (Yediot Aharonot, 11 May; Ha'aretz, 16, 23, 26 May; Jerusalem Post, 16 May,

4 June; Asha'b 18 May)

115. In a trial at the General Staff District Military Court of a sergeant on regular military service, facing charges of illegal use of firearms and attacking a 15-year-old Arab, the question was raised whether it was permitted to fire in the air during the tracking of stone-throwers in the territories and to what extent it was permitted to beat them. The prosecutor argued that the instruction given to the soldiers forbade the use of firearms during the tracking of stone-throwers and specifically forbade the beating or humiliation of suspects. The trial was adjourned until 7 July. (Yediot Aharonot, 24 May; Asha'b, 25 May)

116. According to a source, 157 Arabs were killed in the West Bank and Gaza Strip by security forces between 1967 and 1977. The source added that during that time 1,200 houses of West Bank and Gaza residents were destroyed, 800 residents were exiles and "hundreds" of suspects held without trial in administrative detention. Only a "handful" of houses had been demolished since Likud took office; only 2 Arabs had been expelled, while 8 persons had been allowed to return and there were no administrative detainees at all. (Jerusalem

Post, 16 May; Al Fajr Weekly, 21-27 May)

117. After the division of the town of Rafah (Gaza Strip) into an Egyptian and a Palestinian part as a result of the Israeli withdrawal from Sinai, the Israeli forces compelled a large number of inhabitants to leave their houses for security reasons. According to the source, more than 120 houses had been destroyed against financial compensation and the allocation of 200 square metres of land to build a new house. In this context, the Special Committee examined a petition addressed to the Secretary-General in May 1982 by several municipalities and organizations in the Gaza Strip drawing attention to the plight of several thousand Palestinians who had remained on Egyptian soil after the drawing of the boundary between Egypt and Israel and who were not allowed to return to their homeland. The petition requests the intervention of the international community in the repatriation of these Palestinians. (Asha'b, 23, 24 May; Al Fajr Weekly, 21-27 May;

Al Ittihad, 18 May)

118. One source gave an account of treatment of civilians from A-Dahaysha refugee camp suspected of participation in demonstrations. Twenty persons from Bethlehem and Hebron were, accompanied by guards, transferred to Far'ia detention camp on the road from Nablus to the Jordan Valley. When the detainees asked for food the guard was quoted as having answered: "You deserve poison and not food". During the 12 days the detainees spent in the camp, visits by relatives or the International Committee of the Red Cross were not allowed. The 20 detainees were released at the end of the period in which detention without a court order is permitted – 18 days. This treatment, combined with the imposition of curfews, is indicative of treatment of inhabitants of all the refugee camps in the territories in cases of demonstrations and stone-throwing. (Ha'aretz, 1 June; Al Fajr Weekly, 11-17, 18-24 June, 9-15 July; Asha'b, 4 June, 8 July)

119. Individual cases of harassment by the Israeli authorities continued to appear in the press. Mr. Bassam Shaka'a, the dismissed Mayor of Nablus, who is constantly followed by the border police, allegedly spat on a border policeman calling him a "fascist" and "Hitler". Mr. Shaka'a, who had submitted several pleas to the Ministry of Defence, the General Military Commander of the West Bank and the city of Nablus, was subsequently detained and released. He also submitted an official statement in which he explained that the policeman's behaviour was provocative towards him. The lawyer Mrs. Felicia Langer has on more than one occasion filed a complaint with the Legal Counsellor in Beit-El in protest against his constant harassment. (Jerusalem Post, 4 June; Asha'b, 22 April, 17, 30, 31 May; 4, 6 June; Al Ittihad 22 June; Al Fajr Weekly, 11-17 June, 18-24 June)

120. Citizens of towns of which mayors and municipal councils had been dismissed were subject to increased harassment in the form of raiding houses, arrests, being summoned to the Israeli authorities on a regular basis and requiring an exceeding number of licences to perform normal municipal duties. One report stated that in Nablus 354 students and citizens of the city and surrounding villages had been arrested, in a campaign of preventive arrests, during a period of two weeks. A new phenomenon was the increased activity of members of "village leagues" who harassed opponents of the league system and carried out duties against the wishes of the local inhabitants such as connecting the local electricity system to the Israeli grid. (Jerusalem Post, 6 July; Ha'aretz, 5, 6 July; Asha'b, 30 April, 2, 11, 13, 16, 19, 23, 27, 28, 31 May, 11, 17, 20, 23 June, 4 July; Al Fajr Weekly, 7-13 May, 28 May-3 June, 4-10, 11-17, 18-24 June, 25 June-1 July, 9-15 July; Al Ittihad, 28 May, 22 June)

121. One report entitled "A Survey of Collective Punishment" described the practices followed by the Israeli authorities towards the inhabitants of refugee camps. In Al Amari camp, near Ramallah, about 150 persons had been arrested, interrogated or imprisoned in the preceding four years. In A-Dahaysha camp, near Bethlehem, with 10,000 inhabitants, 70 per cent of the men underwent the same treatment. In Jabalya, near Gaza, and in Jalazoun, 10 kilometres north of Ramallah, "almost every youth between the ages of 15 and 24 has been

interrogated". The Israeli military authorities carried out preventive arrests in refugee camps in Gaza in order to prevent the organization of new sabotage cells. The military authorities lifted the curfew imposed on four villages east of Nablus and on two refugee camps after shots were fired at the settlement of Ariel. It was subsequently reported that the Director-General of Israeli radio and television had banned the showing of a television report on the Israeli soldiers' practices in the West Bank. The report purportedly showed the aggressiveness of Israeli soldiers against Arab citizens as well as soldiers' harassment of young Arab girls. According to the source "these pictures could have reminded the Jewish people of the Nazis' days". (Ma'ariv, 23 August; Asha'b, 26 August,

17 September; Al Fajr Weekly, 30 August-5 September 1981)

122. The town of Rafah was put under a five-day curfew on 3 January following riots in protest against the threatened expulsion of 30,000 Palestinians from the Gaza Strip to the territory to be returned to Egypt. The A-Dahaysha refugee camp outside Bethlehem was put under curfew following stone-throwing incidents, and searches and arrests by the army. At least 50 people were taken into custody. (Ha'aretz, 1, 3, 4, 5, 8, 15, 16 January; Jerusalem Post, 1, 3, 4, 5, 8 January, 15, 16 March; Asha'b, 5 January; Al Fajr Weekly, 8-14 January, 15-21 January 1982)

123. The practice of imposing curfews or partial blockades on cities and villages

continued as a means to deter youths from rioting and stone-throwing. The refugee camps, allegedly centres of constant unrest, were mostly subjected to curfews for shorter or longer periods (up to two weeks): Qalandiya, A-Dahaysha, Balata, Ashkar and Al Amari refugee camps. However, Nablus, Hebron, Halhul and Ramallah and surrounding areas were also constantly being subjected to curfews and blockades. One source stated that in the middle of May the security forces had imposed a blockade on six villages in the Ramallah region: Ein Yabrud, Silwad, Beitin, Deir Jarir, Deir Dibwan, Tayyiba and Mazra'at Asharkiyya.

(Jerusalem Post, 12 May; Ha'aretz, 12, 20 May; Asha'b, 30 April, 2, 11, 12, 13, 17, 26 May; Al Ittihad, 15 June; Al Fajr Weekly, 21-27 May, 28 May-3 June, 18-24 June, 2-8, 9-15 July)

124. An Israeli company called "Tomer" informed 13 Arab families living in houses

bordering on the Jewish cemetery in East Jerusalem that the land on which their houses were located belonged to the cemetery and that they had to evacuate it. The military authorities evicted three families (the Wazwaz and Jaber families from Hebron and the Tabanjah family from the village of Qatanneh, north of Jerusalem) and sealed off their houses. The owners of the houses have been charged with military activity and membership in an illegal organization. Two Israeli companies, Mizrahi and Basbin, instructed eight Arab families from Jabal Mukabar, south of Jerusalem, to evacuate their homes and lands. The companies claimed ownership of the 16-dunam tract since 1933. On 4 November 1981, after having

received a court order to evacuate their houses, they appealed to the Israeli High Court, which is scheduled to consider the case on 22 April 1982. (Ha'aretz, 24 January,

2 February; Al Fajr Weekly, 5-11, 19-25 February 1982)

125. Mr. Idris Shawki appealed to the Israeli Ministry of Justice for a revocation of an eviction order from his house in the Old City of Jerusalem. The Israeli High Court of Justice had issued an eviction order following allegations by the Guardian of Absentee Properties that the house belonged to Jews. Israeli forces evicted Mr. Judeh Talab Idris and his family from their house in the Old City of Jerusalem, claiming that the house belonged to Jews. (Al Fajr Weekly, 4-10 June, 10-24 June)

126. The Military Government in Hebron demolished four houses in the village of Si'ir. The houses had been built "illegally" and the demolition took place after the owners had been informed. The State Land Administration demolished a house belonging to Mr. Issa Hassan Abd El Naby in Gilo suburb, south of Jerusalem. The house stood on land which was subject to expropriation, to permit the construction of a road. According to one source, Mr. El Naby "will be given a fair compensation for his property". (Ha'aretz, 25 October; Ma'ariv, 28 October; Al Fajr Weekly, 30 October-5 November 1981)

127. Security forces demolished the houses of Mahmoud Farhi Nimer Hasuna (18) and Abram Abed Al Wahaba Samiya Asibi (17), suspected of participation in the stabbing of David Kopelsky in Hebron; the house of a third suspect, reportedly the instigator of the attack, was sealed. Subsequently it was reported that the Israeli military authorities demolished the houses of the Shumaly family in Beit Sahur, because their son allegedly had thrown incendiary bottles; four other houses were also blown up in connexion with the same incidents in Beit Sahur and Al Jib. According to one source, the confessions were extorted forcibly two days after the demolitions took place. Beit Sahur village was placed under a curfew and 44 persons were arrested. Knesset members asked for a debate on the Government's

policy of house-demolitions in "Judea and Samaria" and "its repercussions". The Minister of Defence, Mr. Sharon, defended his policy by stating that the resorting to collective punishment by blowing up houses had considerably diminished over the past few years and was limited to a "very small number of houses each year". He admitted that the punishment was for the first time imposed in retaliation for the throwing of incendiary bottles. In addition, the security forces demolished two houses in Salfit and Qabalan ("Samaria") because they had been built illegally. (Jerusalem Post, 4, 17, 18, 19, 24 November; Ha'aretz, 2, 3, 4, 17, 18, 19, 22, 23 November; Yediot Aharonot, 3 November; Asha'b,

3 November; Al Fajr Weekly, 6-12 November; Al Ittihad, 17 November 1981)

128. The Israeli High Court of Justice ordered Mr. Hassan Khalil Al Abassi from Silwan to destroy his house since it had been constructed without a building licence; in case of failure to comply with the order he faced a fine of IS 25,000 and a one-and-a-half-year prison term. Israeli bulldozers demolished a house owned by Mr. Abdul Hamid Alami from Beit Ummar village near Hebron. No reason was given. The Israeli authorities demolished a house in the village of Orif, Nablus area, alleging that it was illegally built. The municipality of Jerusalem demolished 23 houses in East Jerusalem for "illegal" building in 1980-1981,

according to Israeli statistics. (Al Fajr Weekly, 15-21 January, 22-28 January,

29 January-4 February, 5-11 March)

129. The Israeli authorities allowed Mr. Ahmed Ali Areikat from Tulkarem to return home, after he was deported in 1969 for political reasons. Mr. Bushra Al Adham, deported in 1969, was also allowed to return. In addition, the authorities cancelled an expulsion order issued eight years ago against Mr. Hussein Yaghoub, an advocate from Hebron. (Jerusalem Post, 6 January; Ma'ariv, 8 February; Ha'aretz, 7 March; Al Fajr Weekly, 8-14 January, 15-21 January, 29 January-4 February 1982)

130. The Israeli authorities demolished a number of houses belonging to private individuals charging that the houses had been built "illegally" or without a construction permit, or because the land on which the house had been built belonged to Jews. This was the case with Mr. Ahmed Mohammed Mustapha Toss from Al Jaba'a village (Hebron area); Mr. Tawfik Suleiman Al Awawda from Al Breij refugee camp (Gaza Strip; in this case no reason for the demolition was given); Mr. Hassan Moussa Gheyada from Nahalin; Mr. Youssef Said Effendi from Abu Diss; Mr. Mustapha Natshe's warehouse in Abu Diss was demolished under the pretext that the State owned the land on which the building was erected; Mr. Najeh Fazoun from Azzariyya; and Mr. Khader Mohammed Kawasmi from Bein Hanina. In addition, three houses were demolished in Hebron which were located next to the Kiryat Arba settlement; the houses belonged to Mr. Assa'd Shaban Al Barday, Mr. Meysr Abu Ramileh and Mr. Mahmoud Gheriss. Security forces demolished the house of one of the suspects responsible for the murder of Mr. David Rosenfeld, a settler from Tekoa. (Ha'aretz, 6 July; Jerusalem Post, 6 July; Asha'b, 27 April, 18 May, 2 June, 2 July; Al Fajr Weekly, 28 May-3 June, 4-10 June)

131. The Israeli authorities bulldozed a number of shops and sealed off a number of houses in different areas of the occupied territories: Husan (Bethlehem), El Bireh, Gaza and Hebron, as a collective punishment for alleged participation in security offences by one of the family members or for lack of a permit. (Asha'b, 4, 5, 11 May, 11, 17 June; Al Fajr

Weekly, 7-13 May, 18-24 June)

(i) Settlers' activities

132. Militant Yamit settlers hurled a smoke bomb at the Director-General of the Prime Minister's Office to express dissatisfaction over an offer of compensation for evacuation of the town in accordance with the Israeli decision to withdraw from Sinai. According to another report, the former Supreme Court Judge, Mr. Haim Cohen was quoted as saying that the High Court of Justice of Israel lacked territorial jurisdiction over the settlers; the Court had jurisdiction over military commanders in propria persona. In addition, he stated that it was illegal to extend Israeli law to the West Bank. (Jerusalem Post, 15 September; Al Fajr Weekly, 20-26 September 1981)

133. Arab sources in Hebron maintained that worshippers from Kiryat Arba penetrated into the tunnel under the Patriarchs' tombstone in an attempt to gain access to the patriarchs' tombs. The Military Government reportedly told the Moslem Waqf leaders that "efforts would be made to discover the trespassers and put them on trial". Subsequently, eight Kiryat Arba settlers tried once more to enter the Tomb of the Patriarchs under the Ibrahim Mosque. The Military Government assured the Mayor of Hebron, Mr. Mustafa Abd El Naby Natshe that "there would be no repetition of such acts and that the Military Government would from now on prevent similar attempts". (Ha'aretz, 4-5-22 October, Jerusalem Post, 22 October, Al Fajr

Weekly, 4-10 October, 11-17 October, 23-29 October 1981)

134. Jewish settlers tried to break into the Al Aqsa Mosque but were prevented by the guards. "Unidentified" people set fire to the house of Mr. Haja Rafiqa Salayme, whose premises were a subject of dispute with Israeli settlers who wanted to settle in the Old City of Jerusalem. (Al Fajr Weekly, 16-22 October, 23-29 October, International Herald Tribune, 22 October 1981)

135. A group of more than twenty settlers broke into four homes in A-Dahaysha refugee camp wielding clubs and sub-machine-guns. The attack was the latest in a series of serious harassments of the Bethlehem-area camp population by settlers. A Palestinian from Hebron, Mr. Izzat Izzeldin Al Zarou, was severely beaten and stabbed in various parts of his body by five Israeli settlers from Kiryat Arba. (Al Fajr Weekly, 11-17 December, 18-25 December 1981)

136. A group of Israeli settlers took over areas of land in the village of Beit Awwa (Dura) for the establishment of a new settlement. An Arab farmer from the village of Latif, Qalqiliya district, alleged that he was taken away by Jews, who claimed the land was theirs; another farmer from the Al Rashayda tribe, near Bethlehem, alleged that he had been molested by settlers from the "Arqub" settlement who claimed that 100 dunams of his land was theirs. Inhabitants of the village of Qaryat, near the Shilo settlement, between Ramallah and Nablus, complained through an attorney, Mr. Elias Khoury, to the Ramallah Military Government about constant harassment by settlers, who fired in the air and

confiscated their ploughs, with which they were cultivating their lands. (Ha'aretz, 7,

30 December; Asha'b, 31 December; Al Fajr Weekly, 11-17 December 1981)

137. The acting Mayor of Hebron, Mr. Mustafa Nabi Natshe, protested to the Minister for Defence, Mr. Ariel Sharon, and the local Military Government about the alleged destruction of a small house near Kiryat Arba by local settlers. Settlers from Kiryat Arba decided to accommodate two new settlers in the "Romano" house in Hebron (which is the Ossama Al Munkaz school). Professor Milson, head of the civilian administration in the West Bank, denied that the former school had been allocated to settlers and stated that the return of 700 Arab children to the school was under examination. (Jerusalem Post, 22 December; Ha'aretz, 18, 25 December; Asha'b, 16, 22 December 1981)

138. Four Israeli settlers from Shilo beat up Mr. Rateb Asmar Mohammed from Quryut, near Nablus, while he was ploughing his land. Other Quryut villagers have had similar problems. After the authorities confiscated 25 dunams of land, Shilo settlers fenced off 500 dunams; they also shot at a villager. Israeli settlers fired at Mr. Ismail Jamal from Beit Sunik, near Ramallah, while he was working on his land. Gush Emumin settlers attempted to take over an Arab house in the Old City of Jerusalem, but the Israeli police forced the settlers out. Kiryat Arba settlers invaded the property of Mr. Fahd Ahmad Yacoub Jaber from Hebron and uprooted his trees. A dozen private cars and buses in Beit Manina and a cinema in East Jerusalem were damaged by a group calling itself "Terror against Terror". The same group had claimed responsibility for the assassination attempts against the West Bank Mayor in June 1980. (Al Fajr Weekly, 8-14 January, 22-28 January, 19-25 February, 5-11 March)

139. Mr. Othman Abdel Karim from Deir Astya (Nablus area) was attacked by Israeli settlers from the "Yaghir" settlement. Mr. Lutfy Abdul Latif Jaber, from Kafer Labad complained to the police that an Israeli settler from Karney Shomoron had uprooted 17 olive trees on his land. The Da'ana family, whose house is located on the boundary of the Israeli settlement of Kiryat Arba in Hebron, complained that unidentified persons threw grenades at their house; they also reported harassment by Kiryat Arba settlers who allegedly tried to dispossess them from their house and their land. (Ma'ariv, Al Ittihad 5 January; Ha'aretz, 2 February; Asha'b, 6 January; Al Fajr Weekly, 8-14 January, 26 February-4 March 1982).

140. Kiryat Arba settlers held prayers at the Patriarch Cave in Hebron for several weeks without any interference from the Muslim Waqf representatives who administer the Mosque. A group of settlers broke into the Al Aqsa Mosque and attempted to hold prayers there. The Israeli police arrested a Yeshiva student for allegedly preparing to set fire to the Al Aqsa Mosque. Kiryat Arba Yeshiva students burst into the Temple Mount area and held prayers there. (Ha'aretz, 5 February, 3, 4, 16 March; Al Fajr Weekly, 22-28 January, 26 February-

4 March, 5-11 March, 12-18 March)

141. Settlers from Ofra settlement stoned several Arab houses in Ain Yabrud. In Bani Naim, armed settlers attacked residents, firing into the air. In Nablus, settlers were summoned by the police who were investigating the damage done to 300 car tyres. In Ramallah, settlers travelling in a bus threw stones at local cars. (Ha'aretz, 6 May; Asha'b,

25 April; Al Fajr Weekly, 7-13 May)

142. Seventy Kahane followers, the leader of the Kach movement, tried to break into the Al Aqsa Mosque. Threatening letters signed by "Kahana" and the "Village Leagues" were sent on several occasions to the Supreme Muslim Council in East Jerusalem, warning not to oppose Jewish prayers on the Temple Mount and threatening with explosions in the mosques. The Nablus and Dura municipalities received similar letters warning them to stop inciting people to demonstrate and oppose the civilian administration. The Bir Zeit Students' Board and the teaching staff of a secondary school in El Bireh received threatening letters signed by "Kahana" and the "Israeli Security Department". Subsequently, the newspapers Asha'b and Al Fajr received identical letters. Mr. Ahmed Lutfi Osman, Mayor of Beitunina, received a letter threatening to kill or kidnap him if he persisted in rejecting the civil

administration. (Asha'b, 27, 28 April, 3, 4, 13, 14, 26 May, 8 July; Ha'aretz, 10 May,

6 June; Jerusalem Post, 7 June)

143. A 50-year-old inhabitant of Hebron, who owns land in Kiryat Arba, alleged that settlers from that town beat him and threatened him with firearms when he objected to their working on his land. Israeli settlers erected barbed wire around 50 dunums of land belonging to Mukhtar Abu Omar Al Khatib from the village of Deir Mitham. More than 40 Hebron families subsequently filed a complaint regarding the destruction by settlers and army forces' bulldozers of 1,000 dunams of their lands for the purpose of cutting a road to link Kiryat Arba with "Harsina Hill", where the "Build Your Own House" housing project of Kiryat Arba is located. Residents of A-Dahaysha refugee camps were attacked by settlers, while settlers in the Tulkarem area seized 300 olive trees and Kdumim settlers claimed 800 dunams of land from inhabitants of Rumein and Anatra villages. (Jerusalem Post, 13, 20 May;

Ha'aretz, 20, 30 May; Al Ittihad, 21 May; Asha'b, 30 May; Al Fajr Weekly, 28 May-3 June)

144. Israeli settlers fired at students from Al Amari refugee camp near Ramallah, who returned fire with stones, smashing car windows. Four Arabs were attacked by 25 Israelis in the Musrara quarter in East Jerusalem, who beat them up and smashed their car windows. A number of Kiryat Arba settlers invaded the Ibrahim Mosque in Hebron, after having threatened an Israeli soldier. Settlers also tried to pray at the Al Nasra Mosque. The legal counsellor of the Israeli Government stated that West Bank settlers had the right to use their arms only in self-defence. (Asha'b, 14, 27 May; Al Fajr Weekly, 21-27 May, 28 May-3 June)

145. Israeli settlers in Jinsafut village, near Tulkarem, worked on 200 dunams of land belonging to local villagers which had been allocated to the Emmanuel settlement. Kiryat Arba settlers destroyed cultivated lands belonging to inhabitants of Hebron; they also constructed a road south of Hebron, despite an order nisi granted by the Military Appeals Board to the villages. (Asha'b, 31 May; Al Fajr Weekly, 4-10 June)

(ii) Administrative detention

146. The Military Government decided to extend the administrative detention of five Druze notables from the northern Golan Heights by another three months. They had been put under administrative detention three months earlier on charges of inciting against the State of Israel and establishing bodies that acted against the Military Government. (Ha'aretz, 2, 3, 4, September; Al Ittihad, 22 September 1981)

147. As a result of their opposition to the annexation of the Golan Heights by the Israeli Government, 11 Druze leaders were put under administrative detention in Ramla prison for a period of three months by order of the Minister of Defence, Mr. Sharon. They are: Suliman Abu Salah, Mahmoud Safadi, Kamal Kanj Abu Salah, Asad Safadi, Jamal Babshish, Abdulhah El Kish, Kanj Abu Salah, Saliman Safridine, Arafa Safadi, Ayal Hussein Abu Isbul and Adal Hussein. (Ha'aretz, 25 and 26 February; 2, 5, 14 March; Jerusalem Post, 4 March; Ma'ariv,

3 March; Al Fajr Weekly, 19-25 February; 5-11-19-25 March)

148. Two Druze leaders, Mr. Faher Eddin Hassan from Majdal Shams and Mr. Bakhish Abu Ali Muhammad from Ma'asada, were put under administrative detention orders for a period of one month. This brought, at one time, according to the sources, the number of Golan Druzes under administrative detention to 15. They are accused, inter alia, of agitation against the State of Israel and disturbing the peace. The Northern Region Commander subsequently extended the detention of four detainees: Mr. Mahmud Safady, Sheikh Kamal Kanj, Sheikh Suleiman Kanj and Mr. Kank Abu Salah. On 28 June, it was reported that "the last six administrative detainees from Golan Druze villages, who were arrested four months ago" had been released. They are: Sheikh Kamal Kanj, Sheikh Suleiman Kanj, Mr. Kanj Kanj;

Mr. Mahmoud Safady; Mr. Hassan Katach Eddin, from Majdal Shams, and Mr. Mahmud Aly Bakhish from Ma'asada. The sources added that "at present there are no more Druze residents of the Golan Heights held in administrative detention". (Ha'aretz, 3, 14 May; Jerusalem Post,

14 May, 21 June; Ma'ariv, 21, 28 June; Asha'b, 3, 4, 14 May, 28, 29 June; Al Ittihad,

18 May; Al Fajr Weekly, 21-27 May, 9-15 July)

(d) Incidents

149. The following is a selection of reports of incidents recorded by the Special Committee during the period covered by the report. It is not to be considered exhaustive as it is intended to reflect the frequency, location and type of such events. The "remarks" column is meant to assist in giving an indication of the context of such reports.

150. The following abbreviations of the names of newspapers are used in the table:

AF Al Fajr Weekly

ALQ Al Quds

ASH Asha'b

H Ha'aretz

JP Jerusalem Post

M Ma'ariv

YA Yediot Aharonot

4.  Annexation and settlement

(a) Policy

151. The Minister of Agriculture, Mr. Simha Ehrlich, was quoted as saying: "Sinai must go, but other settlements will stay". The Deputy Minister of Agriculture, Mr. Michael Dekel, stated that construction in "Judea and Samaria" during the coming four years would be in the hands of public and private companies, building 8,000 apartments per year beginning in 1982. (Jerusalem Post, 17 September 1981)

152. The Israeli Ministry of Agriculture was reported to be preparing a new settlement strategy in the occupied territories. In the past, the settlement drive was directed principally by a small Israeli sector and ideologically aligned with the Gush Emunim Tehiya Party and the Likud. The future strategy was to concentrate on the Israeli population at large. The Government of Israel was to aim at strengthening urban settlements in the West Bank with special focus on thickening the 1967 border areas. The Deputy Minister of Agriculture, Mr. Michael Dekel, stated that the settlement policy in "Judea and Samaria" was determined by the Government of Israel alone and that the Jewish Agency was only an executive body. (Jerusalem Post, 6 October; Ha'aretz, 6 October; Al Fajr Weekly, 4-10 October 1981)

153. The Minister of Defence, Mr. Ariel Sharon, was quoted as saying that "establishing settlements Eretz Yisrael does more to assure the future of the Jewish People than any written word or signed treaty". Subsequently, Mr. Sharon stated that "Israel will continue its policy of establishing settlements in the West Bank". He also stated "In the land of Israel from the River Jordan to the Mediterranean, Jews and Arabs have been living together for hundreds of years". (Ha'aretz, 16 October; Jerusalem Post, 16-25 October; Guardian,

28 October; Al Fajr Weekly, 30 October-5 November 1981)

154. The Joint Settlement Committee of the Government and the Zionist Federation decided to establish three new settlements in the Katif bloc (Gaza Strip): two outposts in northern Gaza and one settlement in southern Gaza. It was also decided to accelerate the creation of a regional centre in the Katif area and to complete the construction of the settlements Netzarim, Morag, Gadid and Gan-Or. The Committee decided to build two new roads in the Gush-Adumin area (near Ma'aleh Adumin) and in the Yatir area in southern Mt. Hebron, which was to be connected to Gush-Adumin and the Alon road. The Committee approved an earlier decision by the Settlement Committee to build a new settlement "Natafim" in Samaria, between Elkana

INCIDENTS

SEPTEMBER/OCTOBER 1981

OCTOBER/NOVEMBER 1981

NOVEMBER 1981

NOVEMBER/DECEMBER 1981

DECEMBER 1981

DECEMBER 1981/JANUARY/FEBRUARY 1982

FEBRUARY 1982

FEBRUARY/MARCH 1982

MARCH 1982

APRIL 1982

MAY 1982

MAY/JUNE 1982

JUNE/JULY 1982

JULY 1982

and Ariel.  The Ministerial Committee on Settlement Affairs decided to establish a communal settlement on the "Radar Hill", close to Ma'aleh Hahamisha, several hundred metres inside the occupied territories.  It also envisaged the construction of a suburb of 250 villas.

(Ha'aretz, 2, 8 November; Jerusalem Post, 6 November; Al Fajr Weekly, 20-26 November 1981)

155. The Minister of Defence, Mr. Sharon, stated that "Israel's reply to the eight points of the Saudi Arabian peace plan was eight Israeli settlements".  (Jerusalem Post, 3, 6 November; Al Fajr Weekly, 20-26 November; Asha'b, 6 November; Ha'aretz, 6 November 1981)

156. The Minister for Foreign Affairs, Mr. Shamir, declared that Israel did not sign the Camp David Accords with the intention of abandoning "Judea, Samaria" and Gaza.  He affirmed that "no force in the world shall disconnect us from these areas".  Mr. Begin stated that Israel would not cede its rights to continue settlement activities, although it had already restricted itself to state lands that were not cultivated.  (Ha'aretz, 27 January; Jerusalem Post, 29 January)

157. According to the Jewish Agency Settlement Department, development of Jewish settlements on the Golan Heights has been given less priority, despite the law annexing the region.  The Israeli Cabinet allocated funds to develop and increase Israeli settlement on the West Bank and Golan Heights.  The Israeli Ministers of Transport and Housing, Mr. Haim Corfu and Mr. David Levy, confirmed Israel's commitment to widen Israeli settlement in the West Bank.  (Jerusalem Post, 21 February; Ma'ariv, 23 February; Al Fajr Weekly,

26 February-4 March, 12-18 March)

158. The Prime Minister, Mr. Begin, affirmed that "in any future negotiations on a peace treaty between Israel and its neighbours, Israel will reject any proposal to dismantle any Jewish settlement.  In addition, the Minister for Foreign Affairs, Mr. Shamir, stated "that the Government's intention in seeking a parliamentary ban on the removal of Jewish settlements from the West Bank and Gaza was to make clear to future negotiating partners not to expect such a thing".  (Jerusalem Post, 2, 4, 5 May)

(b) Plans

159. A new urban settlement, "Ganey Modi'in", was to be set up within a few months in the Modi'in area on both sides of the Green Line.  In addition it was reported that a new settlement, established near El Bireh in Jebel Tawil, would be called "Psagot".  This settlement was intended to serve as a regional centre for an entire area called "Matteh-Benjamin".  (Ha'aretz, 17 August; Asha'b, 18 August 1981)

160. The Deputy Minister of Agriculture, Mr. Dekel announced plans for three new

settlements in the Jordan Valley, before enlarging existing ones.  This plan, according to one source, entailed the doubling of the population of the West Bank settlements; according to another source, 100,000 settlers could be accommodated within four years.  Mr. Drobles, head of the Zionist Federation's Settlement Department, stated that with the completion of an outline plan for 20 settlements in "Judea and Samaria" it was possible to build an infrastructure for 2,000 to 4,000 additional housing units.  He was later quoted as saying that 12 to 18 new settlements were to be created in the next four years; according to one source, the Zionist Federation intended to establish three new settlements in the Gaza

District, Golan Heights and Jordan Valley.  In the preceding four years more than 60 new settlements had been established.  According to another source, an estimated 25,000 Jews were living in 85 settlements, 70 of which were built in the four years since Mr. Begin became Prime Minister.  One source quoted Mr. Drobles as saying that existing settlements would be strengthened to take 50,000 settlers and that a further 36,000 would be put in 10 new settlements.  It was also reported that a new settlement, accommodating 400 families, was to be established south of Hebron in accordance with a settlement plan for that area in which six new settlements were to be established.  In addition, two agricultural settlements were planned around Nablus.  Mr. Drobles, Chairman of the Jewish Agency Settlement Department, reported on plans to establish two new settlements in the Golan in addition to the three settlements which had just been established and a fourth one under construction. His master plan to settle 100,000 Jews in the West Bank in the period 1981-1985 would cost 20 billion Israel shekels (approximately $1.25 billion).  (Ma'ariv,

13 August; Asha'b, 14 August, 4, 17 November; Jerusalem Post, 13, 17 September,

5 October; Al Fajr Weekly, 13-19 September, 27 September-3 October, 4-10 October,

6-12 November, 20-26 November; Ha'aretz, 5 October; Times, 6 October; International Herald

Tribune, 5 October)

161. The head of the Israeli Settlement Committee in the Golan Heights announced that plans were under way to build 1,000 housing units in that area.  (Al Fajr Weekly,

30 August-5 September 1981)

162. A new settlement called "Anatol" located near the Arab village of Anata, between Neve-Yaacov and Mishor Adumin in the Jerusalem area, was to be established to accommodate 60 families at a first stage.  Other sources revealed plans to create settlements beyond the Green Line.  Mr. Drobles stated that the creation of a settlement north-east of Lake Tiberias, beyond the Jordan River, could accommodate settlers from the Yamit area, in particular from Neot-Sinai and Tarsag.  The "Herut" movement launched a plan to create the town of "Kadihav Yair", beyond the Green Line, near Kfar Sava, north of Tel Aviv, to accommodate 5,000 settlers in some 1,400 flats; the site consisted of an "observation post"

populated by 16 families.  Another source gave the name "Kokhav Meir" and its location "the West Bank".  (Ma'ariv, 9 September; Ha'aretz, 21, 23 September; Asha'b, 10, 22 September; Al Fajr Weekly, 27 September-3 October 1981)

163. A new town in "Samaria" (northern West Bank) to be called "Kokhav Yair" and located between Qalqilya and Taiyiba, was being planned. Some 1,400 flats were to be built and to house immigrants from South Africa.  (Yediot Aharonot, 23 September 1981)

164. One source gave a detailed description of Mr. Drobles' plan.  In each urban settlement up to 10,000 people were to be settled; up to 500 families were to be housed in smaller settlements (villages).  At the same time, at a smaller level, an increase in settlers was planned for the southern slopes of Mt. Hebron, in the southern West Bank, on top of the mountains (northern West Bank) and on the Jordan Valley slopes.  The plan also provided for the cutting of four new roads: a Jerusalem-Tel Aviv highway going through Beit Horon and Modi'in; a road going from the coastal plain to the Jazreel Valley (the trans-Menasheh road in the northern West Bank); a trans-northern Samaria road from Hadera to Jenin; and a trans-Beyamin road (Ychad, Beit-Arieh-Neve, Tzuf-Ofra).  The permanent settlement of Elon-Moreh was to be called "Kiryat-Elon-Moreh", and built on top of a 754-metre high mountain overlooking the valley of Nablus.  (Ma'ariv, 5 October 1981)

165. According to Israeli sources, six new settlements were to be established in the area between Gaza and Sinai after the Israeli withdrawal from Sinai.  Poalei Agudat Israel, the Jewish orthodox labour movement, was planning to establish a community settlement in the occupied territories in the area of Latrun.  There were already five settlements affiliated with this movement in the occupied territories. The United Kibbutz Movement announced a five-year settlement plan for the establishment of three new settlements each year, in all parts of the country, including "Judea and Samaria".  (Al Fajr Weekly, 23-29 October,

30 October-5 November; Jerusalem Post, 19 October)

166.  A new residential suburb called "Tzefon-Yerushalaim" (north Jerusalem) was to be built near Neve Ya'acov.  The new suburb was to contain 1,200 flats and the Ministry of Housing and Construction was to start land preparation works.  Plans to construct 30,000 apartments in the surrounding areas of Jerusalem by 1985 were to be submitted to the Israeli Cabinet shortly.  In addition, the Minister of Housing, Mr. Levy, stated that a new settlement was planned to connect the Neve Yaa'cov and Beit Hanina suburbs with Sheikh Jarrah in Jerusalem.  (Jerusalem Post, 20 November; Ha'aretz, 24 November; Al Fajr Weekly, 6-12 November, 20-26 November 1981)

167.  The Israeli Government is planning to establish two new settlements in the Golan Heights.  According to a source, the Settlement Department of the Zionist Federation planned to enlarge Israeli settlements in order to accommodate thousands of settlers within one year.  A new settlement called Beit Arieh H is scheduled to be established near Rantiss, between Nablus and Ramallah.  (Ha'aretz, 7 December; Al Fajr Weekly, 11-17 December; Asha'b, 8, 31 December 1981)

168. The Golan Settlements Committee presented a plan to settle 20,000 new settlers in the next four years, raising the Israeli population there to approximately 27,000.  The plan consisted of the establishment of seven new settlements:  Mitzpeh Ram on Mount Qeta in the northern Golan, Bnei Btira (east of Birhat Ram), Bnei Tzfat, Ein Simsim, north of Katzrin, Beit Zeida, east of the "Jordan Park", a settlement between Ramat Magshimim and Yonatan in the southern Golan, and a settlement on the site of Nahal Zion.  (Al Fajr Weekly, 22-28 January; Jerusalem Post, 7 January; Ha'aretz, 7 January, 19 February; Al Ittihad,

8 January)

169. The West Bank Military Government drew up a new "master plan" for the area surrounding Jerusalem.  The plan, which was approved by the Supreme Planning Council for the Judea and Samaria Region, covers an area from Ein Yabrud, near Ramallah in the north, to Beit Fajjat near Bethlehem in the south.  The new plan earmarks vast areas for settlement and for new roads linking Jerusalem with the new settlement areas.  In addition, a plan was put forward to create three new settlements called Elisha (provisional name:  Ma'aleh – Melalchim); Mitzpeh Gilad (provisional name:  Peles) and Hasmedet (provisional name:  Yavok), in the northern Jordan Valley.  (Jerusalem Post, 1-3 February; Al Fajr Weekly, 22-28 January;

Ha'aretz, 1-2 February)

170. A total of 16 new outposts were to be created and to be completed before 26 April 1982 in "Judea and Samaria" and in the Golan Heights region.  The 16 outposts are:  Hever – east of Hebron; Lahav – west of Hebron; Amatzia; Negohot; Mitzpeh – Adulam; Telem; Tirza; Grizim (on Mt. Gerizim); Mul-Nevo (Beit Ha'arava B'); Maluah; Peret; Peles; Gan (near Jenin) and Harish in the West Bank and Keta and Manpuha in the Golan Heights.  (Ha'aretz,

2 January, 2, 25 February; Jerusalem Post, 4 January, 3 February; Al Fajr Weekly, 19-25 February, 26 February, 4 March)

171. The Interministerial Committee on Settlement accepted a proposal by the World Zionist Federation's Settlement Department to allocate 30,000 dunams of "state land" in the Jordan Valley for agriculture.  Large tracts of land, previously frozen for security considerations, could be used for the creation of 10 new settlements to close some of the gaps in the settlement chain along the Jordan River.  In addition to creating new settlements, the proposal called for expanding existing settlement covering 4,000 dunams.  Mr. Begin accepted a proposal put forward by the Minister of Education, Mr. Hammer, to create the same number of settlements in Judea and Samaria as the number of settlements which are being dismantled in the Yamit area.  (Jerusalem Post, 16 February; Ha'aretz,

17 February, 11 March)

172. The Zionist Federation's Settlement Department intends to accelerate the construction of settlements in the northern Gaza Strip.  Five settlements are planned to be created in northern Gaza:  Nativ-Ha'assara B, Netzarim (which is at present a provisional settlement) and three others, one of which will be a communal settlement.  (Ha'aretz, 7 March; Al Fajr

Weekly, 12-18 March)

173. The Israeli authorities decided to create three new towns in the West Bank: Beit-Arieh (located west of Birhan and south-east of Elkana); Nili (near Modi'in) and Yakir (north of Birkan).  These towns are designed to intensify the Jewish presence in the centre of Samaria.  In northern Samaria, 27,000 dunams of State and absentee lands have recently been located and are allocated to the settlements of Karney Shomoron, Elhana and Emmanuel.  (Ha'aretz, 19 April)

174. Seven new settlements are planned in the West Bank.  They are: Neot-Adumin (east of Ubeidiya village, in the Bethlehem area); Salit B' (west of Salit); Garey-Modi'in (west of Mathityahu); Elkana D, J, H and Sha'arey Tikva, east of Elkana.  All settlements, except Elkana J, will be built on State lands. (Jerusalem Post, 26 April; Ha'aretz, 26 April; Asha'b, 26, 27 April)

175. The plan to create 16 settlements in the West Bank, based on the proposal to settle 100,000 Jews there within the next four years, was submitted to the Cabinet.  Five out of the 16 proposed settlements are already in existence as Nahal outposts.  The budget for this plan is estimated at 6 million Israel shekels.  The names of the planned settlements are:  Beitar (near the village of Battia, south of Jerusalem); Nagid (Beit Unmar area, north of Hebron); Ein-Arow (near Al Arub refugee camp); Kolihava (near Si'ir, north of Hebron); Yahin (near Barin-Naim, south of Hebron, at present Nahal post); Susia, (south of Hebron); Atviel (south of Hebron); Ginat (north of Jenin); Matar, (east of Jenin); Moked (east of Jenin); Hermesh (south of Reihan settlement); Tirsa (south-west of Tubas); Braliha (on Mt. Garizim, near Nablus); Milihmetet (near Nablus); Tel Haim (south of the original site of Eilon-Moreh); and Maaleh-Levona (near Nablus).  (Ha'aretz, 29 April; Asha'b,

30 April; Al Fajr Weekly, 7-13 May)

176. The Israeli authorities plan the creation of nine new settlements (according to another source 11) this year in the West Bank.  They are:  Netafim (near Beit-Aba); Ateret; Yoezer; Nahal-Ginat (a Nahal outpost near Jenin); Hermesh (a Nahal outpost near Dotan); Maon (Mt. Hebron); Yavi (Mt. Hebron); Nahal-Adura (Mt. Hebron); and Nahal Eshkolot (Mt. Hebron).  In addition, five settlements are planned in the Gaza Strip (Katif bloc); four in the Golan Heights and four others in the Jordan Valley.  (Ha'aretz, 22 April, 28 June; Asha'b, 22, 23 May, 29 June; Al Ittihad, 29 June; Al Fajr Weekly, 2-8 July)

177. In the next four years 16,000 settlement units will be built in the city of Jerusalem and its suburbs.  According to Mr. Drobles, chairman of the Jewish Agency Settlement Department, the plan envisages the creation of 17 municipal settlements within the Greater Jerusalem area in order to absorb a population of 700,000 Jews. (Asha'b, 4 June; Al Fajr

Weekly, 28 May-3 June)

(c) Measures, including budgetary appropriations

178. The Israeli authorities started preparation works on an area of 400 dunams for the creation of a new settlement on the Golan Heights provisionally called "Ein Shimshon", located near Ein-Samsan, four kilometres north-east of Katzrin. The Israeli company Diur, part of the Solel Bonel Company, sold houses in Ariel, near Nablus.  Subsequently it was reported that 60 out of 83 houses scheduled to be built in Ariel were sold before work on them had started.  According to one source, it was the first time that the Diur Company had undertaken constructon in the occupied territories.  In addition, according to one source, an Israeli company had recently bought 15,000 dunams of Arab lands in the West Bank for Israeli housing. The Mayor of Anabta, Mr. Walid Hamdallah, reported that an individual had sold a plot of 42 dunams of land on the main road between Tulkarem and Anabta to the

Israeli Himanuta Company.  (Ma'ariv, 20 August; Ha'aretz, 6 September; Asha'b, 21 August; Al Fajr Weekly, 30 August-5 September, 13-19 September, 27 September-3 October 1981)

179. It was reported that Mr. Yitzhak Mod'ai, Minister without portfolio, had moved his offices to East Jerusalem.  He was the second minister, after the Minister of Justice, to move to East Jerusalem.  In December 1981, part of the Israeli Housing Ministry moved their offices to East Jerusalem; another 1,500 employees were scheduled to move by the summer of 1982.  The Minister of Housing was the third minister to move his offices, following the Minister of Justice and the Minister without portfolio.  (Ha'aretz, 19 August, 30 December; Ma'ariv, 3, 28 December; Jerusalem Post, 6 December)

180. The trans-Samaria road, 60 kilometres long, stretching from Kafr Kasim within the pre-1967 line to the Israeli settlement of Phatzael in the Jordan Valley, was to be opened, according to the Jewish National Fund, by the end of 1981. One source estimated the total cost at 65 million Israel shekels (IS) ($US 4.82 million).  The Minister of Defence, Mr. Ariel Sharon, gave instructions for the cultivation of 3,000 dunams (3 sq. km.) of land adjacent to the Jordan Valley.  A new settlement, Carmel, was set up south of Hebron, the first in a series of settlements planned for the hills surrounding Hebron.  Ten Gush Emunim

settlers moved in.  (Jerusalem Post, 2, 10 September; Ha'aretz, 3 September; Ma'ariv,

9 September; Asha'b, 3 September; Al Fajr Weekly, 13-19 September, 27 September-3 October 1981)

181. The Military Government promulgated a regulation extending the validity of contracts that the Jordanian Government had concluded with private landowners in the West Bank for afforestation projects, thereby preventing the return of the land to its original owners for another 10 years.  Under Jordanian law, the land was due to be returned to the landowners after a period of 15 years.  The Legal Department of the Military Government had in the past extended the validity of powers of attorney, which under Jordanian law are valid for a period of five years.  Local lawyers claimed that by extending the validity of powers of attorney, Israeli land-purchasing companies were able to avoid the registration of land transactions.  (Jerusalem Post, 14 September 1981)

182. An Israeli family recently signed a contract to sell 1,500 dunams (1.5 sq. km.) of rocky lands it had bought from Arabs in the Modi'in area to the "Hatzav" settlement movement.  Under the contract the settlement movement would pay $2.25 million within a period of nine months.  In addition, it was reported that the Military Government seized over 800 dunams of land between Mazra'tat esh Sharqiya and Kafr Malik, near Ramallah, for military purposes.  The Military Government, according to one report, declared lands belonging to villagers in Ara'an and Wa'ar Ashaib, to be "state land".  Two sources stated that renovation works in the Jewish quarter of Hebron were continuing at an accelerated pace. (Ha'aretz, 2, 11 September; Jerusalem Post, 18 September; Al Fajr Weekly,

13-19 September; Asha'b, 3, 18 September 1981)

183. Mr. Drobles, head of the World Zionist Organization's Settlement Department, stated that 24,000 Jews were living in "Judea and Samaria" settlements, an increase of 7,000; in the preceding six months 1,870 housing units had been constructed. He also stated that in one year 23 settlements had been established in "Judea and Samaria" and the Jordan Valley; eight settlements had been established, or were under construction, over the preceding four months.  There were in all 62 settlements in "Judea and Samaria" and 20 settlements in the Jordan Valley. In the Jericho area, four settlements had been established and a fifth one called "Tzuri" was under construction.  (Ha'aretz, 9 September; Al Fajr Weekly,

13-19 September 1981)

184. Works were reportedly under way under the Temple Mount and the Aksa Mosque in the course of making repairs north of the Western Wall.  Subsequently, the works were ordered to a halt by the Minister of Religious Affairs, although some sources reported that work had continued in secrecy.  The Moslem Waqf sealed, according to one report, the Temple Mount cistern from the inside after the Israeli Police had sealed the outside in order to protect the Holy Shrine against Jewish penetration. (Jerusalem Post, 28, 30 August,

10 September; Yediot Aharonot, 30 August; Ha'aretz, 1, 14 September; Le Monde, 29 August; Times, 3 September; documents A/36/489-S/14684, 14 September, and A/36/519-S/14695, 18 September 1981)

185. The Minister of Energy, Mr. Yitzhak Berman, stated that the Cabinet had decided to consider the request of the Minister of Transport, Mr. Haim Corfu, to take over over the Jerusalem District Electricity Company in view of recurrent power failures.  According to the Deputy Director of the Ministry of Energy, the power failures were caused by "insufficiently close or efficient co-operation between the two countries".  (Jerusalem

Post, 6, 7 September; Ha'aretz, 7 September; Al Fajr Weekly, 13-19, 20-26 September 1981)

186. A new settlement was established in the centre of "Samaria" called Nili.  Nili was set up by a decision of the Ministerial Committee on Settlement of the previous Government and was to be populated by members of Gush Emurim.  By a military order, the Israeli authorities prevented inhabitants from Yatta, Bani Naim and Sair villages from entering their lands near the Dead Sea on the grounds that their lands were being used for military purposes.  A land survey by the Israeli Military Government was to be conducted to complete all previous partial surveys in the occupied territories.  The Israeli authorities repealed their decision to confiscate 500 dunams of lands owned by residents from Beit Sureik and Biddo after the owners brought title deeds that proved ownership of the lands. (Ma'ariv,

28 September; Al Fajr Weekly, 4-10 October 1981)

187. The Military Governor of Ramallah announced that 600 dunams of land were confiscated for "military and security" purposes in Bi'lin village; an additional 3,000 dunams had been earlier confiscated for the same purpose.  The plot of 600 dunams was the subject of a court case when Mr. Yousef Khatib, head of the Ramallah "Village League", claimed ownership.  In September 1981 the civil court in Ramallah had annulled the sale of the plot by the alleged owner to an Israeli company.  (Al Fajr Weekly, 4-10 October 1981)

188. The Military Government informed the head of the local council of Talluza, north of Nablus, of the expropriation of 131 dunams of land.  A new settlement, Beit Horon, was soon to be established south of Beit Ur sponsored by the Jewish National Fund.  Israeli surveyors and bulldozers started work on the lands of Arzun Al Alme and Beit Amin villages near Qalqilya despite the fact that the Israeli High Court was still considering the cases of these lands.  The landowners had appealed to the Israeli High Court after a Nablus court ruled that the land had been sold illegally by Nimr Abu Najla, who had forged documents and then sold the land to an Israeli company.  (Ha'aretz, 22-29 October; Jerusalem Post,

29 October; Al Fajr Weekly, 11-17 October, 16-22 October 1981)

189. The "Judea and Samaria" Land Settlement Company bought 470 dunams for the Sharei Tikva settlement and 434 dunams for the Meskha settlement.  (Al Fajr Weekly, 16-22 October, 30 October-5 November 1981)

190. Settlers from Kiryat Arba moved to the Schneersohn House in Hebron, close to the "Hadassa" building.  The Arab occupants of the house had been evacuated from it shortly after the "Hadassa" building murder for "security reasons".  (Ma'ariv, 27 October;

Ha'aretz, 27 October; Jerusalem Post, 27 October; Al Fajr Weekly, 30 October-5 November 1981)

191. The Ossama Bin Munkaz School in Hebron was seized and occupied by the Israeli army and its pupils dispersed to other schools.  The school was housed in a building which had belonged to the Ramano family prior to 1929.  Kiryat Arba settlers had asked the Military Government to expropriate the house in order to expand the area of the reconstructed Jewish quarter in Hebron.  (Jerusalem Post, 10 November; Ha'aretz, 11 November; Asha'b,

12 November; Al Fajr Weekly, 20-26 November 1981)

192. The Israeli authorities sent Mr. Judeh Idris from the Old City in Jerusalem a court order instructing him to vacate his house in Aqbat Al Bustami and to pay a IS 5,000 fine.  The Israelis claim the house to be the property of the Custodian of Absentee Property.  The Idris family reportedly had owned the house for more than 100 years.  Land belonging to Mr. Iss Hussein Abdel Nabi was expropriated for the expansion of the Gilo settlement.  In 1970 the authorities had already expropriated 44 dunams of Mr. Nabi's land and his house.

(Al Fajr Weekly, 6-12 November 1981)

193. The Israeli authorities decided to hand back 900 dunams of land to inhabitants of El Bireh that had been closed off in 1976 for military reasons; 200 dunams of State land was allocated to Israeli settlers for the expansion of Psagot (Jebel-Tawil); 400 dunams belonging to absentees remained in state possession. Psagot is located near the Jerusalem-Beit – El road.  Beit Suraf villagers were informed of the seizure of 440 dunams (6,000 dunams, according to another source) of their lands for "military needs"; 3 Nahal outposts were to be established on the land.  In Bani Naim, the mukhtars were informed of the seizure of 300 dunams of their lands by the army.  The Mayor of Dura was informed that a military camp would be installed on the lands of the Khalil family in Dura.  (Ha'aretz, 17, 18 November; Jerusalem Post, 18 November; Asha'b, 17 November 1981)

194. Residents of the village of Bani Naim (east of Hebron) complained that the Military Government closed off 50,000 dunams of land extending from the eastern slope of the village to the Judean Desert and the Dead Sea.  (Ha'aretz, 27 November; Jerusalem Post, 27 November 1981)

195. The Israeli Civil Appeals Court in Jerusalem ordered Mrs. Zahira Abdel Razzah Salymeh (60) to destroy her house in the Shayyah area, "or else the Jerusalem municipality will do the job", for lack of a building licence. Mrs. Salymeh had previously been evicted from her house in the Old City; she had reportedly subsequently paid licence fees and a fine for her house in the Shayyah area, although the Jerusalem municipality never issued her with a licence. Mr. Sami Farid Dahbour, resident of the Al Musrara area in Jerusalem, received a

final notice from the Custodian of Absentee Property to evacuate his house upon an

IS 16,000 fine and eviction by force by 22 December 1981.  Mr. Yunis Hussein Sayam and his brother, from the Sheikh Jarrah neighbourhood, were informed by the Israeli authorities that their two houses and four dunams of land were seized for settlement purposes.

(Al Fajr Weekly, 27 November-10 December, 11-17 December; Asha'b, 1 December 1981)

196. Since the Israeli elections in June 1981 the Israeli Government had established 10 new settlements in the West Bank in addition to the construction of private homes on existing settlements and "purchased property".  The Israeli Ministry of Housing started work on land for a settlement called Givat Zeev, in Beit Hanina, north of Jerusalem, despite the fact that an application against the measure was still sub judice.  The settlement was part of a project to increase the Jewish population of Jerusalem by 20,000.  Another settlement, "Shimaly Jerushalaim", located in northern Jerusalem, between Ramallah and Beit Hanina, was inaugurated.  Work started on a new settlement (Beit Horon) on lands belonging to villagers of Beit Ur, Ramallah district; 15 Israeli settler families from a nucleus of the "National Worker" moved into the settlement Sanur (north of Nablus).  Sanur is the second of six settlements scheduled for the region.  The first, Homesh (originally named Ma'aleh Nahul) was situated near the Nablus-Jenin road.  Settlers also moved into "Mul-Nevo", south-east of Jericho and Na'ama, north of Jericho.  (Ha'aretz, 2, 22, 28 December; Jerusalem Post, 23 December; Asha'b, 31 December; Al Fajr Weekly, 4-10 December,

26 December 1981-7 January 1982)

197. The following information was reproduced in Al Fajr Weekly (December 26-7 January) in the context of a report entitled "Losing the land to ten new settlements" by Nura Sus.

198. Inhabitants of the villages Sanniriya, Mas'ha, Azzun, Atma, Beit Amin and Zamnir in the Kalqiliya district were informed that 7,000 dunams of their land had been declared "state land" and had been allocated for the expansion of Elkana.  One hundred dunams of land were seized in Dhahiriya village (near Hebron); the Israeli authorities informed residents of the villages of Urif, Asira, Hwara and Borin (near Nablus) that some of their lands were to be confiscated for the establishment of a new Israeli settlement.  In Bani Naim (Hebron area) work started on 300 dunams of privately-owned Arab land from the village of Khilet-El-Arish.  (Jerusalem Post, Ha'aretz, 24 December; Al Fajr Weekly, 4-10 December, 11-17 December, 26 December-7 January 1982)

199. Ten villages in "Samaria" were connected to the Israeli electricity grid.  The

Jerusalem District Electricity Company, for the first time in 10 years, was authorized to buy a new generator.  (Ma'ariv, 8 December; Jerusalem Post, 6 December; Ha'aretz,

30 December 1981)

200. A new regional council, the South Hebron Council, was established in the Mt. Hebron area.  It groups three existing settlements, Carmal, Ziv and Mahaneh-Yattar, and six further settlements.  (Ha'aretz, 25 December 1981)

201. Over 2,000 dunams of private land were closed off and subsequently expropriated for military needs close to the village of Mughaiyir (north-east of Ramallah).  Some 20,000 dunams (20,000 sq. km.) had been expropriated earlier from villagers in that area for the same purpose.  The villagers were offered compensation by the Custodian of Absentee Property.  The land in question is located near the "Allon Road", which separates the Jordan Valley from the rest of the West Bank.  Israeli private as well as government bodies bought hundreds of dunams of land located between Rujeib (the old Eilon-Moreh settlement) and Jebel Kabir (the new Elon-Moreh site).  Members of the Khater family from Jebel Mukabar (East Jerusalem) complaimed that an Israeli company had started to carry out land preparation works.  (Jerusalem Post, 4 January; Ha'aretz, 4-5 January; Al Fajr Weekly,

8-14 January)