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User:Zentarov/Palestinian construction in Area C

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The extent of Palestinian construction in Area C, 2019

Palestinian construction in Area C, also broadly referred to as illegal Palestinian construction[1] or illegal Palestinian Construction in the West Bank[2], refers to the unauthorized building of structures by Palestinians on lands designated as Area C of the Israeli-occupied West Bank, which are under full Israeli control as per the Oslo Accords.[3] These constructions are undertaken without obtaining permits from Israeli authorities, mostly on state land declared by Israel[4] and privately owned land.[5][6]

Background

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Following the signing of the Oslo Accords in 1993 and 1995, Israel and the Palestinian Liberation Organization agreed to a framework for interim governance in the West Bank, dividing it into three areas:[7][3]

  • Area A: Approximately 18% of the West Bank, under full civilian and security control of the Palestinian Authority.
  • Area B: Around 22% of the West Bank, with Palestinian civilian control and Israeli security control.
  • Area C: The remaining 60%, under full Israeli civil and security control. This area was intended to be gradually transferred to Palestinian jurisdiction, but this process has stalled, particularly after the outbreak of the Second Intifada in 2000.[3][8]

Since then, Area C has remained under full Israeli administration, leading to significant controversies over both Israeli settlements and Palestinian construction in the West Bank. These disputes have intensified since August 2019, when Palestinian Authority President Mahmoud Abbas announced the unilateral suspension of all previous agreements with Israel, as well as the Oslo Accords.[9]

In contrast, various legal institutions and experts assert that the Oslo Accords remain legally binding despite the PLO's withdrawal, with the International Court of Justice acknowledging they are still relevant.[10][11] Israel maintains that its control over Area C aligns with the framework established by these agreements. Proponents of this view argue that unilateral actions by the Palestinian Authority cannot unilaterally dissolve the accords, which are still recognized as the prevailing legal basis for governance and land use in Area C

Scale of construction

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In 2014, approximately 300,000 Palestinians lived in Area C, across about 530 residential areas, 241 of which located entirely within Area C.[12][7] Among them, 6,200 Palestinians live in 38 communities located in areas desigated as "firing zones" by Israel.

According to report released by the Regavim non-governmental organization in 2022, there are 81,317 Palestinian structures in Area C, covering an area of approximately 150,000 dunams, approximately twice the total area of Israeli settlements in the entire West Bank.[13] The report, which relies on aerial views of the region, states that 5,535 new Palestinian structures were built in 2022 alone. It highlights that the Palestinian construction in Area C comprises 10% of all construction in the West Bank and 18% of all construction in Area C, while 94.9% of all illegal structures in the West Bank were Palestinian (as opposed to the remaining 5.1% being Israeli structures).[14]

Factors behind construction

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The Fayyad Plan

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In August 2009, Palestinian Prime Minister Salam Fayyad unveiled the Fayyad Plan, officially titled "Ending the Occupation, Establishing the State."[15] Officially, the plan aimed to prepare the groundwork for an independent Palestinian state through strategic development, with a key focus on widespread construction in the West Bank. Fayyad's intention was to create facts on the ground that will gather international support and eventually lead to the forced establishment of a Palestinian state.[16]

In the document, Fayyad explains that the establishment of a Palestinian state would only be made possible by, among other factors, the formation of territorial contiguity between Palestinian enclaves in Area B through massive construction in Area C, explicitly undermining the 1967 lines and the territorial contiguity of Israeli settlements.[6][17]

Lack of permits

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Legality

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Comparison to Israeli settlements

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International support

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The European Union

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The European Union is directly involved in backing, financially and legally, the construction of Palestinian structures in the region.[1] Since the introduction of the Fayyad Plan in 2009, The European Union has invested hundreds of millions of euros annually into promoting Palestinian construction in Area C.[18] Annually, the European Union transfers millions to the Palestinian Authority, following the EU's decision to lead a campaign aimed at deepening the presence of Palestinians in Area C.[19][13] Those investments are also known as "Area C interventions".[19][20]

One of the clusters behind the "European Union Area C Development Programme" is equipped with annual budget of 300 million euros, which is predicted to reach about 1.5 billion euros within three years.[20] In 2012, 7 million euros of the 200 million transferred to the Palestinian Authority that year were earmarked for development of land and basic infrastructure in Area C. In 2014, 1 million euros were granted to Bedouin outposts in Area C. Documents summarizing Area C initiatives supported by the EU in 2016-2018 alone indicate that each passing year, the flow of funds has increased.[19]

European countries

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In January 2022, a report by Israel's Ministry of Intelligence, presented to the Foreign Affairs and Defense Committee, showcased the extensive financial support for Palestinian construction in Area C from Europe. According to the report, the initiative is strongly backed by European policy decisions and an estimated €500 million in funding. Key contributors include the governments of the Netherlands, Denmark, Sweden, France, Switzerland, the United Kingdom, Belgium, Germany along with various non-governmental organizations (NGOs).[21]

Consequences

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Demolition of homes

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Settler violence

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Destruction of heritage sites

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See also

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References

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  1. ^ a b "The Struggle over Area C: Change Direction toward a Space for Understanding with the Palestinian Authority". www.inss.org.il. Retrieved 2024-11-19.
  2. ^ "Smotrich: We'll act to end IDF control over Israeli civilians in West Bank". The Jerusalem Post | JPost.com. 2023-01-23. Retrieved 2024-11-19.
  3. ^ a b c "Oslo Accords | Significance, Palestine, Israel, Two-State Solution, Breakdown, & Map | Britannica". www.britannica.com. 2024-11-17. Retrieved 2024-11-19.
  4. ^ "The Palestinian land grab of Judea and Samaria". The Jerusalem Post | JPost.com. 2021-12-16. Retrieved 2024-11-19.
  5. ^ Israel, David (2022-09-01). "New Palestinian City Rising on Jewish-Owned Land near Karnei Shomron". Retrieved 2024-11-19.
  6. ^ a b Shlomo (2022-01-02). "A Jew and an Arab has stolen your private land? Forget about the rule of law". Regavim. Retrieved 2024-11-19.
  7. ^ a b "What are Area A, Area B, and Area C in the West Bank?". Anera. Retrieved 2024-11-19.
  8. ^ Miller, Aaron David (2024-11-26). "Why the Oslo Peace Process Failed". Foreign Policy. Retrieved 2024-11-19.
  9. ^ "PA's Mahmoud Abbas declares suspension of all deals with Israel". Al Jazeera. Retrieved 2024-11-19.
  10. ^ "Advisory Opinion of the International Court of Justice on the Legal Consequences of Israel's Policies and Practices in the "Occupied Palestinian Territory"". en.idi.org.il (in Hebrew). Retrieved 2024-11-19.
  11. ^ Baker, Alan (August 6, 2023). "Palestinian Compliance with the Oslo Accords: A Legal Overview".
  12. ^ "Area C of the West Bank: Key humanitarian concerns - OCHA factsheet". Question of Palestine. Retrieved 2024-11-19.
  13. ^ a b Shlomo (2022-10-11). "Rate of illegal Palestinian construction in Area C increased by 80% in 2022". Regavim. Retrieved 2024-11-19.
  14. ^ Postal, Steve (November 9, 2022). "Israeli NGO: Palestinians are stealing Area C".
  15. ^ Database, E. C. F. "Fayyad Plan (2009)". ecf.org.il. Retrieved 2024-11-19.
  16. ^ "Working with the Facts on the Ground", Mapping My Return, The American University in Cairo Press, pp. 233–242, 2016-05-10, retrieved 2024-11-19
  17. ^ Baker, Alan (November 15, 2009). "A Paradox of Peacemaking: How Fayyad's Unilateral Statehood Plan Undermines the Legal Foundations of Israeli-Palestinian Diplomacy".
  18. ^ Berman, Lazar. "Leaked EU report details plan to strengthen Palestinian claims in West Bank's Area C".
  19. ^ a b c "Development Programmes (East Jerusalem, Area C, Water, Civil Society) | EEAS". www.eeas.europa.eu. Retrieved 2024-11-19.
  20. ^ a b Black, Edwin (2019-09-03). "EU Funding of Illegal Palestinian Settlement in Area C". Begin-Sadat Center for Strategic Studies. Retrieved 2024-11-19.
  21. ^ "The Palestinian Campaign for Area C – Shaping a Security Reality on the Ground, Description and Implications" (PDF). June 7, 2021.