ארכיון moshe shmueli

כ"ז אב התשפ"ג - 14 August 2023

After months of unanswered complaints and correspondence, Regavim has taken its battle against an illegal events venue up a notch: A new petition filed jointly with the Gush Etzion Regional Council demands immediate enforcement. “The Palestinians are partying at our expense.“

A new petition to the Jerusalem District Court demands the immediate demolition of an illegal event complex, built without the necessary permits on the outskirts of the village of Al-Khader – in Area C, which is under full Israeli jurisdiction. The complex has a commanding location adjacent to Route 60, the major thoroughfare connecting the communities of Gush Etzion and Mount Hebron to Jerusalem that is traveled by thousands of motorists every day.

The site houses several structures in a multi-level entertainment and events compound complete with a spacious parking lot. When work at the site first began, Regavim and the Gush Etzion Regional Council appealed to the enforcement authorities to prevent the land-grab and illegal construction. It took months and months for the Civil Administration to respond to the repeated appeals, and the response was the same as in thousands of cases Regavim has pursued over the years: The Civil Administration claimed that stop-work orders and demolition orders had indeed been issued – and enforcement would be carried out “according to established priorities.”

Nonetheless, over the course of the past year, development work was completed – in complete disregard for any orders that were or were not issued, and the perpetrators even submitted a request for a retroactive permit, which was rejected. Throughout this entire farce, the compound has continued to host events every day. There has been absolutely no enforcement of any kind against this illegal business enterprise, the structures built at the site, or the perpetrators – who continue to laugh all the way to the bank.

The Regavim-Gush Etzion petition mentions both the close proximity to the road, and the fact that the structures were built within an area under military orders that prohibit construction of any kind due to the sensitivity of the location: “The very real security risk posed by the compound to all users of the road requires increased enforcement, not tacit acceptance of illegal activity by enforcement authorities that have made a habit of turning a blind eye to Arab construction offenses.”

Proximity to the Highway: The illegal complex with Route 60 in the background

According to Regavim’s data, there are more than 370 illegal structures and dozens of agricultural encroachments in this area alone, resulting in a takeover of thousands of dunams of land in the open areas that is suffocating the southern approaches to Jerusalem and forming a stranglehold around the capital.

“The Palestinians are celebrating here – and what they’re celebrating is Israel’s lack of governance,” says Moshe Shmueli, Regavim’s Field Coordinator for Judea and Samaria. “This is a complex that hosts weddings and parties every evening, on one of the busiest roads in the vicinity of Jerusalem, less than half a kilometer from the tunnel road. We see again and again how the Battle for Area C has long been waged: annexation tactics are not limited to planting trees and other agricultural projects, or construction of shacks and shanties. The Palestinian Authority is on a massive construction spree in all of Judea and Samaria from south to north – building parks, event venues, recreation complexes, institutions and factories. We are witnessing the fulfillment of Palestinian declarations about the unilateral establishment of a state – and the State of Israel continues to ignore it.”

Shlomo Ne’eman, Head of the Gush Etzion Regional Council and Chairman of the Council of Jewish Communities in Judea and Samaria, adds: “It’s time to put an end to the celebration! This complex was built by Arabs who are taking advantage of the lack of enforcement against the rampage of illegal construction in the area. The compound is located on land which for the most part falls under a military order prohibiting construction of any kind. To make matters worse, it is built on archeological antiquities: the complex’s pool is built on a burial cave, trampling not only the priceless history but the law that requires preservation and scientific examination and documentation of our heritage.”

Despite Civil Administration orders, these lawbreakers violated the law time and time again and continued with illegal construction. The Gush Etzion Council invests massive efforts in the fight against the hostile Arab takeover of our national land resources. This illegal complex is located in a strategic area that connects Gush Etzion to Jerusalem, and we demand immediate enforcement and oversight.”

Environmental abuse

כ"ט סיון התשפ"ב - 28 June 2022

A truck offloads trash at the abandoned quarry near Psagot

After a seemingly endless stream of correspondence and complaints by Regavim, the Civil Administration cleared an illegal garbage dump in the Binyamin region. But the Regavim Movement discovered that the dumping site was cleared and rehabilitated at the expense of the Israeli taxpayer, and not a single one of the criminals arrested for dumping the trash were charged or tried – even when they resumed dumping at the very same spot only weeks later. Regavim has petitioned the High Court of Justice.

In 2019, Regavim’s field staff noticed that criminals had taken over the open space near the Psagot Junction in the Binyamin region of Area C (the portion of Judea and Samaria under full Israeli jurisdiction), and used it to dump and burn massive quantities of trash. With no oversight, inspection or permits and in complete disregard of the most basic criteria for waste disposal and environmental protection, this illegal dumping ground was causing unspeakable, irreparable damage to the soil and water, and creating a health hazard to plant, animal and human life in the vicinity that was affecting all residents of the area – Jews and Arabs alike.

Regavim complained to the authorities – repeatedly – and demanded oversight and enforcement at the site, restoration of the environment and prosecution of those responsible for this criminal abuse. The authorities eventually announced that they had apprehended and impounded several dump trucks that were unloading trash – meaning that the identity of the offenders was known and duly recorded. At the end of 2021, the Civil Administration, which is responsible for law enforcement in Area C, announced that it had completed clean-up and restoration of the site – at a cost of NIS 370,098. The project was funded from the Civil Administration’s budget, while the official announcement also noted that “the Civil Administration has no information regarding the identity of the perpetrators.”

Surprisingly – or not – only a few short weeks later, in February 2022, dump trucks were back at work, unloading tons of garbage at the very same site and rebuilding the massive mountain of trash.

Regavim decided to take the matter to the High Court of Justice. The petition they submitted claimed that the Civil Administration’s conduct in this matter violates both the law and the most basic standards of good governance, and that it is unreasonable to force the law-abiding public to bear costs of hundreds of thousands of Shekels to remove the trash while the offenders, whose identity is no secret, have not been charged or tried for this crime – and are given a free hand to continue to violate the ecosystem and the law, causing irreparable harm to the environment.

Attorney Yael Cinnamon, who is representing Regavim in this petition, noted: “The Civil Administration’s policy of negligence that allows criminals to commit offenses with impunity, without being required to pay the price for their crimes or for the damage they have caused, has taken root, and criminals have learned to take full advantage of the law enforcement void and the Civil Administration’s reticence in order to expand their dangerous and illegal activities. The re-activation of the illegal dump in Binyamin, which was cleared and restored only a few months ago, is a case in point.”

Moshe Shmueli, Regavim’s Field Coordinator for Judea and Samaria, added: “We are engaged in a protracted battle against the illegal dumping site near Psagot. When we finally managed to force the Civil Administration to shut down the dump and do what had to be done to rehabilitate the surrounding environment, we were shocked to discover that the costs were funded by the public. Even worse, it took almost no time at all for the dumping to resume. This is not the only illegal dumping site in the area, either. The criminals know how to use the chaos and inaction of the authorities to their advantage, just as they do with the lack of enforcement against illegal construction.”

Yisrael Gantz, Head of the Binyamin Regional Council: “The failure to enforce the law is strangling the environment. Sadly, there is no deterrence against Arab criminals or the Palestinian Authority. When there is no serious enforcement, there is a free for all, and it takes a toll on our health. Enforcement is currently only a drop in the ocean – it’s nowhere near enough to stop the rampant criminality.”

“The fact that the hard-earned tax money of the municipalities and citizens of Judea and Samaria is collected by the Civil Administration and used to tend to illegal Arab dumping sites, rather than to develop infrastructure and environmental projects for local communities, is nothing short of scandalous.”