Illegal Arab construction in Area C

In a renewed petition submitted to the High Court of Justice, the Regavim Movement calls for changes in Civil Administration procedures that automatically freeze enforcement against thousands of illegal structures in Area C. Regavim: “This procedural distortion encourages illegal construction, entrenches and enables the Palestinian takeover of Area C.”

In 2021, a Regavim petition to the High Court of Justice (HCJ) challenged Civil Administration and Ministry of Defense operational guidelines, in force for years, that actively violate the Planning and Construction Law. The implementation of these guidelines has created a protective shield for illegal structures by granting indefinite suspension of enforcement procedures against thousands of illegal Arab-built structures, entrenching their status and permanence and encouraging a surge of new illegal Arab construction.

The operational guidelines grant automatic, open-ended suspension of enforcement procedures against illegal construction in Judea and Samaria from the moment statutory appeals are submitted for any illegally-built structure – including requests for TABA (municipal masterplan), requests for a waiver of building permit requirements, appeals against demolition orders, requests to freeze enforcement procedures, appeals to the High Court of Justice – even when it is clear from the outset that these motions are totally without basis and will not be upheld due to insurmountable flaws in design, engineering, location, land ownership or other objective facts. By simply submitting unfounded or even absurd requests or applications, illegal structures enjoy an umbrella of protection, as enforcement is automatically frozen – indefinitely.

Regavim’s 2021 petition was dismissed when the State claimed that it had revised the problematic procedural guidelines – but Regavim’s petition argues that the changes instituted by the Civil Administration involve a minor procedural sub-paragraph that has no substantive impact on the operational guidelines or their problematic results. Regavim has now submitted a second petition, arguing that although the correction limits the blanket enforcement freeze to a certain degree, the procedural guidelines continue to uphold illegal practices and grant offenders protection from enforcement.

“The Civil Administration, which is responsible for enforcing the law in Judea and Samaria, has inexplicably expanded a loophole in the Jordanian law that is in force in this area, enabling illegal construction on a massive scale,” says Attorney Boaz Arzi of Regavim’s Legal Division. “There are currently some 80,000 illegal Palestinian structures in Area C of Judea and Samaria, the area ostensibly under Israeli civil and security jurisdiction. Every day, an average of 8 new structures is added to this incomprehensible number, alongside the massive territorial takeover through agricultural and roadwork projects – all of which are planned and carried out by the Palestinian Authority with the support of foreign concerns.” Arzi adds: “This absurdity must be stopped – immediately. There’s a battle raging on the ground for control of Area C, and the Civil Administration’s illegal procedural protocols are aiding and abetting the Palestinian Authority’s takeover.”

Bir Hadaj in the Negev

Regavim: Removing the enforcement chapter from the new Five Year Plan for the Bedouin sector means surrender, and the establishment of Bedouistan in the Negev

Enforcement statistics for the past several years are unequivocal: New illegal construction in the Bedouin squatters’ camps is down, and law enforcement is up – significantly, reaching its peak in 2021 – as a result of the previous government’s policies and actions: The Kaminitz Law of 2018 and the enforcement chapter of the Five Year Plan for the Bedouin Sector, launched in 2017.

By removing the enforcement chapter from the new Five Year Plan for the Bedouin Sector, the government has turned its back on the Negev and bartered away the south of Israel to the Islamic Movement.

The decrease in illegal construction in the squatters’ camps of the Negev that has been documented over the past several years is attributable to two factors: The Kaminitz Law, and the enforcement chapter of the Five Year Plan – which has just expired.

Removal of the enforcement chapter from the Five Year Plan that is now being launched will undermine enforcement bodies and their ability to stop the sprawl of illegal settlement, and will put wind in the sails of illegal construction, resulting in the loss of more and more state land in the Negev.

Meir Deutsch, Director General of Regavim, responded to the government’s decision, announced this evening (Thursday), to launch the new masterplan for the Negev – without the inclusion of an enforcement chapter: “Regavim has been working for years to encourage the government to prevent the rise of “Bedouistan,” the state-within-the-state in the Negev. In the past few years we began to see encouraging signs of progress in enforcement against illegal construction, due to the Kaminitz Law and the previous Five Year Plan. Removing the enforcement chapter from the new Five Year Plan will reverse these gains. Bennet and Shaked, Elkin and Lieberman all campaigned on their commitment to restore governance to the Negev, but it now appears that it’s not only business owners in the Negev who been abandoned to extortionist protection rackets. The Israeli government has met the same fate.”

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

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

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

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

A short video summary of our activities over the past year

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

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

Thank you for your partnership and continued support.

Illegal structures in the Adumim region (E1)

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

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

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

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

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

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

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

The Negev from above

Despite heavy pressure by the Raam Party to make substantive changes in the wording of the government’s decision, cooperation between Regavim and the staff of Minister of Interior Ayelet Shaked’s office resulted in wording virtually identical to the proposal tabled by the Netanyahu government.

Earlier today (Wednesday), the government approved plans for a new Bedouin city and three rural Bedouin communities, intended for the resettlement of residents of illegal squatters’ camps who would be brought into legal, permanent communities.

Regavim’s spokesperson noted that despite the very heavy pressure from the Raam Party to make changes in the government’s decision, the wording of the decision that was approved is virtually identical to that of the proposal tabled by the Netanyahu government. The language that was eventually adopted was the product of several months of intensive consultation and joint effort between Regavim and Interior Minister Ayelet Shaked’s staff.

Meir Deutsch, Director General of Regavim, reacted to this morning’s decision: “We’ve said it before, and we’ll say it again: This plan is both an opportunity, and a risk.”

“On the one hand, this plan may lead to real change in the Negev, the restoration of state lands to the government’s hands and the beginning of the process of resettlement of the Bedouin squatters who have taken over the open spaces of the Negev. This plan envisions relocation into legal, organized settlements rather than the fictitious “expansion” of existing settlements that was standard procedure over the past decade. The decision approved by the government today establishes criteria for relocating residents of the Bedouin encampments into permanent settlements according to clearly-defined timetables; if the criteria are not met, the plan to create new settlements will be cancelled.”

On the other hand, the merit of the government’s plan must be proven by action, not intentions. To date, Israeli governments have been most adept at offering “carrots” but have failed to use “sticks” and enforce the conditions of previous plans. This plan, like its predecessors, is built on carrots and sticks, and it’s up to the government to prove that it intends to see the program through – including the evacuation of the squatters’ camps and the return of state land on which the Bedouin are currently squatting illegally, to state hands. The failed policy of endless land allocations for the Bedouin sector must come to an end.”

“If the government stays the course and sees the program approved today through – both carrots and sticks – it will be the first real progress toward a better future for the Negev and for the restoration of national resources to government jurisdiction.”

Illegal construction on IDF Training Ground 918

A new Regavim petition to the High Court of Justice has exposed an illegal internal protocol created by the Civil Administration, an arm of the Ministry of Defense. The very people in charge of enforcement are aiding and encouraging illegal construction!

Let’s say theres an illegal structure built by an Arab in Area C, which is under Israeli jurisdiction. The construction offender receives a demolition order. But instead of actually demolishing the illegal structure, the State of Israel, via the Civil Administration, allows the criminal to launch a bureaucratic cat-and-mouse game. By simply applying for a building permit, submitting an appeal when the permit request is denied, applying for a ‘taba’ (urban planning permit), and even an “exemption from enforcement” – the offender enjoys blanket protection against enforcement for years on end – even though this protection has no basis in the law. As crazy as that sounds, it’s standard procedure.

Each request, no matter how ridiculous, automatically suspends enforcement, and pushes off the structure’s demolition by two or three years. By then, another planning request is submitted, enforcement is again suspended, and so on. Once the process finally runs it’s course, the structure is considered “old construction” – which doesn’t interest anyone, certainly not the Civil Administration’s enforcement officers.

The legal departments of Israel’s security establishment are responsible for this procedural protocol – which is aiding and abetting the creation of a terrorist state in the heart of the Land of Israel. The Palestinian Authority learned and mastered the game ages ago, and continues to build rapidly, illegally, and strategically, all the while flooding the system with nonsensical, futile permit requests in order to delay and eventually prevent enforcement.

Watch this video, and see how the Civil Administration has stacked the deck and undermined the law.

We pressed, we demanded, we didn’t give up – and the dangerous structure at Yakir junction was torn down!

At the beginning of August, we noticed Arab residents of Judea and Samaria building a structure near the Yakir junction, without the necessary permits. Over the years, shops were built illegally, one after another, next to the main road, leading to traffic accidents going in and out of the junction.

Thanks to Regavim’s intensive pressure on the authorities and the local councils, Civil Administration inspectors came to knock down the structure this week.

This is a chance to commend the Civil Administration for their efforts. However, it’s worth remembering that had enforcement steps been taken on time, the structure wouldn’t have been built in the first place.

We hope that enforcement will be even more effective and swift in the future.

The coalition depends on the votes of the Ra’am party so it is about to pass a law that effectively rewards illegal construction, which is a serious problem in the Arab sector.

Without fanfare, the Ra’am party recently submitted one of the shortest bills in Israel’s legislative history. Amending only three words – “14 Sivan 5777 (May 31, 2007)” to “30 Kislev 5785 (Dec. 31, 2024)” – the Islamist party aims to legalize electricity hookups for tens of thousands of illegal homes built in the Arab sector over the course of decades.

Israel’s Electricity Sector Law enabled thousands of illegal Arab-sector structures, some of them decades old at the time, to be hooked up to the main grid. The law, passed in 1996 as provisional legislation limited to two years, stipulated that only structures not slated for demolition could be connected. But as everyone knows, there’s nothing more permanent than a temporary fix, and if you give an inch they’ll take a mile.

In short order, Arab MKs made uncommonly good use of this common wisdom: They submitted a bill to “amend” the temporary law, which was extended several times through political deals cut in shadowy Knesset corridors, until it finally expired on May 31, 2007.

The law applied only to “structures which the government has no intention to demolish,” but since then, every year many thousands more are added to the already-staggering tally of illegal construction in Arab communities in the north and the Bedouin hinterland of the Negev. The burden on law enforcement agencies results in skewed enforcement priorities and a dismal situation on the ground: Demolition orders against “old construction” are no longer applied for or enforced, and as time goes on, more and more illegal structures slide, unobstructed, into this category.

Illegal construction is a national epidemic, and its primary victims are the residents of these communities who continue to suffer from a lack of adequate infrastructure. It is impossible to pave a road or build a park if an illegal house is built on land slated for public use; high-speed internet lines, fiber optic cables, sewage, water and gas lines can’t be improved if public utility corridors are filled with illegal structures that the state has chosen to ignore and eventually ‘legalize.’

Despite the often-heard complaint that national planning authorities have failed to advance development plans for Arab communities, the responsibility actually lies with local authorities. Moreover, dozens of detailed plans for housing construction in the non-Jewish sector, drafted and approved by the state, have hit a brick wall – literally – because dozens of structures were built illegally during the approval process on land slated for development, burying any hope of alleviating the housing crisis under illegal single-unit structures built without regard for the environment or the current and future needs of the community.

The prohibition against connecting illegal structures to electricity is one of the state’s most significant tools in the fight against illegal construction; it helps ensure that crime doesn’t pay. Yet since the expiration of the “temporary” legislation, the Arab parties have tried no less than 10 times to revive it; each time, MKs of the Zionist parties blocked it.

But now, because the coalition depends on the votes of Mansour Abbas and his colleagues in the Arab bloc, Ra’am is demanding that the law not only be re-enacted, but applied retroactively from its expiration 15 years ago. A deal has begun to take shape; according to the details that have leaked out – despite attempts to keep them hidden away in the shadowy Knesset corridors – the coalition will pass the Electricity Law in the next Knesset session in exchange for the Joint Arab List’s abstention or outright support for the state budget.

If the coalition allows this law to pass, the ramifications will be both immediate and far-reaching: Not only will it reward construction offenses in the Arab sector, it will in effect create two separate legal systems for planning and construction in the State of Israel. While in the Jewish sector the National Planning and Construction Law is alive, well and strictly enforced, tens of thousands of illegal homes in the Arab sector against which the law has not been enforced due to bureaucracy and incompetence will be connected to infrastructure, granting them a legal seal of approval.

It is said that there is no death penalty in the State of Israel, but it seems that Israel’s Planning and Construction Law is already strapped to the electric chair, and the coalition’s trigger finger is hovering “ten degrees to the right” of the power switch.

This article first appeared on Israel Hayom

The illegal outpost of Khan al Ahmar; Route 1 can be seen in the background

The Regavim Movement reacted with concern to the state’s response in the Khan al Ahmar case, which was submitted to the High Court this evening.

The government requested an additional six month delay of the deadline to submit its official position to the court in the matter of the illegal outpost on Route 1 slated for demolition over a decade ago. During this additional half-year period, the state intends to submit a confidential document to the court detailing all the considerations that impact the enforcement of demolition orders at the site.

Meir Deutsch, Director General of Regavim, sharply criticized the state’s response, and the conduct of Prime Minister Naftali Bennett.

“From the first day of the current government’s term, we have stressed that deeds, not words, are what count,” Deutsch said. “Today it has become clear that contrary to its oft-repeated declarations, this government is continuing along the dangerous trajectory set by its predecessor, conducting its law enforcement system according to the whims of foreign governments.”

“The root of anarchy is selective, preferential law enforcement. No sector or segment of the population should enjoy immunity from law enforcement because of international pressure while the law is enforced against other sectors.”

Regavim noted that in earlier responses to the High Court, the state explained that law enforcement at Khan al Ahmar would be postponed for fear that this would trigger proceedings in the International Court of Justice in The Hague.

“This conduct broadcasts a very problematic message to the world, intimating that the State of Israel is a guest in this territory when in fact Judea and Samaria have been under internationally-recognized Israeli jurisdiction for a longer period of time than the British Mandate and the Jordanian occupation combined,” noted Deutsch.

“The time has come for the State of Israel to exercise its rights to this territory, and to behave in a manner befitting the sovereign body responsible for law enforcement in the area according to international law and in accordance with the historic right of the State of Israel to the territories of Judea and Samaria.”