Human Rights in the Occupied Territories
Legal staff in th O.T department
Adv. Avital Sharon8.10.09
Adv. Avital Sharon8.10.09
Since the 19th century a community of a few thousand farmers and shepherds live in the South Hebron Hills. This is a very conservative community and their ways of life have not changed much during the last century. They are mainly farmers and shepherds and some live in caves.
Prevention of access and overtaking land
The residents of the old village Susya el Quadima" that was located on the archeological site of Susya were expelled by the army in the eighties. They settled down 500 meters from where their village was and continued to work their lands. In the nineties they were expelled again in the middle of the night and were taken by tracks to Zif junction, 15 km to the North. This time the village came apart and each family returned separately to their land and lived there in tents.
Because the lands are close to Susya settlement and although there is not a closure order for the lands, the Palestinian farmers are forbidden by the army to enter most of their lands. The forbidden land is much larger then the settlement and most of it is private land of Abu Zahra, Abu Ali, Mahniya, Hrein, Nawajaa, Shreitach, Abu Sabha, Shamsti, Chalil Halaile, Hader, Halis, Daajne, Mur and Hushiya families.
Some of the families have lost all their land and some large parts of it, because they were forbidden to enter and work it for many years. In the parts the army allows them to enter, there must be preliminary coordination, and the army allows them to enter the lands only for a few days during the year and refuses to coordinate entrance for the shepherds, who are the main providers of the families. The reality enables the settlers to call the army every time they see Palestinian shepherds or farmers entering the land they own. The settlers also take advantage of this situation and enter the Palestinian's land, work there and take it over.
From year 2005 there is a correspondence with the Civil Administration, the army and the police on this issue This week the legal department and representatives of the Palestinian residents had a tour in the area before an appeal to the Supreme Court.
Permanent resident certificates in the Seam Area
In the name of 50 people of Abu Qbeita family we handed over, the last month, an appeal to the supreme court. We asked the court to determine the status of the family as permanent residents of the Seam Area. The family lives for centuries in Um Hmeita. The separation fence in the area, that left the Yatir settlement on the Israeli side, was built in a way that the lands of the Abu Qbeita family also remain on the Israeli side. On 5.1.09 the area between the green line and the fence was announced as a Seam Area and instructions on how to get a permanent resident certificate were issued to the local residents. The certificates allows the residents to pass Beit Yatir barrier that is located on the way between Um Hmeita and Yata, the main village in the area. Despite the fact that the family lives in the area for centuries the Civil Administration refused to give a permanent resident certificate to two thirds of the family claiming they did not prove that the seam area is the center of their lives. The announcement of the seam area and the refusal to issue a permanent resident certificate changed the status of the family members from farmers and shepherds to criminals who break the law. The family members, who are obviously poor, have no other home and they are constantly afraid they will be expelled or arrested and taken to court.
The refusal of the certificate they are entitled to get, force the Abu Qbeita family to walk a long way to places where they can pass and even to sleep in the barrier. It is a bad situation mainly when people are sick, for old people and babies who need medical care.
The appeal asks that the Civil Administration will issue permanent resident certificates to all members of the family. The court hearing will be on 16.12.09
The appeal asks that the Civil Administration will issue permanent resident certificates to all members of the family. The court hearing will be on 16.12.09
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