Seam Zone
Encyclopedia
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
located east of the Green Line
Green Line (Israel)
Green Line refers to the demarcation lines set out in the 1949 Armistice Agreements between Israel and its neighbours after the 1948 Arab-Israeli War...
and west of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
's separation barrier
Israeli West Bank barrier
The Israeli West Bank barrier is a separation barrier being constructed by the State of Israel along and within the West Bank. Upon completion, the barrier’s total length will be approximately...
, populated largely by Israelis in settlements such as Alfei Menashe
Alfei Menashe
Alfei Menashe is a Jewish Israeli settlement located in the seam zone on the western edge of the central West Bank. It was granted local council status in 1987. As of 2007, the Israel Central Bureau of Statistics counts 6,200 residents...
, Ariel
Ariel (city)
Ariel is an Israeli settlement and a city in the West Bank. Ariel was established in 1978. Its population at the end of 2009 was 17,600, including 7,000 immigrants who came to Israel after 1990. It is the fourth largest Jewish settlement city in the West Bank., after Modi'in Illit, Beitar Illit,...
, Beit Arye
Beit Aryeh-Ofarim
Beit Aryeh-Ofarim is an Israeli settlement and local council in the northern West Bank. The international community considers Israeli settlements in the West Bank illegal under international law, but the Israeli government disputes this....
, Modi'in Illit
Modi'in Illit
Modi'in Illit is a Haredi Israeli settlement and a city in the West Bank, situated midway between Jerusalem and Tel Aviv. Modi'in Illit was granted city status by the Israeli government in 2008. It is located six kilometres northeast of Modi'in-Maccabim-Re'ut and is often referred to as Kiryat...
, Giv'at Ze'ev
Giv'at Ze'ev
Giv'at Ze'ev is an Israeli settlement and town governed by a local council, located in the West Bank five kilometers northwest of Jerusalem. While it lies within the borders of the Matte Binyamin Regional Council, it is a separate municipal entity...
, Ma'ale Adumim, Beitar Illit and Efrat
Efrat
Efrat , or officially Efrata , is an Israeli settlement established in 1983 and a local council in the Judean Mountains of the West Bank. The international community considers Israeli settlements in the West Bank illegal under international law, but the Israeli government disputes this...
.
As of 2006, it was estimated that about 57,000 Palestinians
Palestinian people
The Palestinian people, also referred to as Palestinians or Palestinian Arabs , are an Arabic-speaking people with origins in Palestine. Despite various wars and exoduses, roughly one third of the world's Palestinian population continues to reside in the area encompassing the West Bank, the Gaza...
lived in villages located in enclaves in the seam zone, separated from the rest of the West Bank by the separation barrier. The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
estimated that if the series of walls, fences, barbed wire and ditches is completed along its planned route, about a third of West Bank Palestinians will be affected - 274,000 will be located in enclaves in the seam zone and about 400,000 separated from their fields, jobs, schools and hospitals. The Israeli Supreme Court ordered changes to the barrier route to reduce the number of people leaving or affected by the seam zone - according to the court verdict the number now stands at 35,000.
In July 2006, Btselem forecast that 8.5 percent of the West Bank (including East Jerusalem
East Jerusalem
East Jerusalem or Eastern Jerusalem refer to the parts of Jerusalem captured and annexed by Jordan in the 1948 Arab-Israeli War and then captured and annexed by Israel in the 1967 Six-Day War...
) would be situated in the seam zone. This area also contains ninety nine Israeli settlements (including twelve in East Jerusalem) in several densely populated areas near the Green Line - areas that Geneva Accord suggested could be transferred to Israel as part of a mutually agreed land-swap with the Palestinians. The Seam Zone is home to some 381,000 Israeli settlers (192,000 in East Jerusalem).
Purpose
According to the Israeli officials, the decision to create the zone involved multiple reasons. Among them was, "The need to create a "buffer zone" by distancing the Barrier from the homes of Israelis living nearby, whether they be in communities in Israel or in the settlements." According to the State Attorney's Office, "this buffer zone is vital to strike against terrorists who are liable to cross the Barrier before carrying out their scheme." Another consideration cited is the need to "defend the forcesIsrael Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...
protecting the barrier by running the route in areas that cannot be controlled [topographically] from east of the barrier." It is contended that due to the topography of the area, running the entire Barrier along the Green Line, "would not enable protection of the soldiers patrolling the Barrier, who would find themselves in many cases in a lower topographical position."
Legal structure and permit system
The seam zone is designated as a "closed military zone" by way of a military order, the IDF Order Regarding Security Regulations (Judea and Samaria) (No. 378), 5730-1970, Declaration Concerning Closing an Area no. S/2/03 (Seam Zone), issued on 2 October 2003. The order stipulates that "no person will enter the seam area and no one will remain there". The regulation does not, however, apply to Israelis. For the purposes of the order, an "Israeli" is defined as "a citizen of the State of Israel, a resident of the State of Israel registered in the population registry in accordance with the Population Registry Law and anyone who is eligible to emigrate to Israel in accordance with the Law of ReturnLaw of Return
The Law of Return is Israeli legislation, passed on 5 July 1950, that gives Jews the right of return and settlement in Israel and gain citizenship...
."
The day prior to the issuing of the military order, the Israeli Ministry of Foreign Affairs released a Cabinet Communique which explained that the establishment of the seam zone was of the "utmost importance," citing also the "strong security need for building a security barrier in the 'seam zone' and in the 'Jerusalem envelope'."
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
, authorizing permanent residence. Palestinians who are not residents of the seam zone can apply for personal permits provided they have a specific reason. Permits must be applied for in advance. There are 12 different categories of personal permits, including for farmer
Farmer
A farmer is a person engaged in agriculture, who raises living organisms for food or raw materials, generally including livestock husbandry and growing crops, such as produce and grain...
s, employees, business owners and employees of the Palestinian Authority. Specific criteria for the acceptance or refusal of personal permits is not outlined in the regulations.
Permit holders must apply for special permission if they wish to travel by automobile, bring in goods or stay overnight in the seam zone. Even those holding permanent or personal permits are limited to crossing the barrier at the single gate specified in the permit. Personal permits granted, including those issued to farmers who wish to access their land, are often only valid for a limited period. Access to the seam zone for permit holders is further limited by the specific operating regimes of the gate in question. Procedures and their opening hours differ from gate to gate and are not always entirely predictable.
According to the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), in July 2005, 38% of the applications for a permit were denied. Israeli and Palestinian human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups have noted that there is an increasing tendency to grant permits only to registered landowners and their direct descendants. The workforce in the labour-intensive Palestinian agricultural sector is therefore often excluded. Combined with the restrictions faced even by permit holders, there is an increasing tendency for land in the seam zone not to be cultivated. Under Israeli law
Israeli law
Israeli law is a mixed legal system reflecting the diverse history of the territory of the State of Israel throughout the last hundred years , as well as the legal systems of its major religious communities...
, land areas not cultivated for three consecutive years can be confiscated and declared "state land". According to the UNOCHA, much of the land in the seam zone has already been declared "state land".
Criticism
Human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups, including those in Israel, have challenged the legality of both the separation barrier and the seam zone under international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. For example, in a petition to Israel's Supreme Court, the Israeli non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
Hamoked
Hamoked
HaMoked an Israel based human rights organization founded by Dr. Lotte Salzberger with the stated aim of assisting "Palestinians subjected to the Israeli occupation which causes severe and ongoing violation of their rights." HaMoked works for the enforcement of the standards and values of...
(Center for the Defense of the Individual) stated that,
"the web of the Declaration and the Orders has spun, in the seam zone, a legal apartheid, which is intolerable, illegal and immoral. In other words, the discriminatory and oppressive topographical structure stands upon a shameful normative infrastructure, unprecedented in Israeli law."
Towns and villages in enclaves in the seam zone
As of 2010, the separation barrier is not yet completed in all areas.According to the official map published by the Israeli government, the following Palestinian settlements will lie west of the completed or planned separation barrier:
- Barta'a enclave (north of TulkarmTulkarmTulkarem or Tulkarm is a Palestinian city in the northern Samarian mountain range in the Tulkarm Governorate in the extreme northwestern West Bank adjacent to the Netanya and Haifa districts to the west, the Nablus and Jenin Districts to the east...
): Includes Barta'a SharqiyaBarta'aBarta'a is a town that straddles both sides of the Green Line and the Wadi Ara region.Western Barta'a is in the Haifa District of Israel, and forms part of the Basma local council...
, Umm Rihan, Khirbet 'Abdallah al-Yunis, Khirbet Ash-Sheikh Sa'eed, Khirbet al-Muntar al-Gharbiya, Khirbet al-Muntar ash-Sharqiyya, and Dhaher al-Malik - Bir NabalaBir NabalaBir Nabala is a Palestinian town in the West Bank located eight kilometers northeast of Jerusalem. In mid-year 2006, it had an estimated population of 6,100 residents...
enclave (northwest of Jerusalem), also includes Beit HaninaBeit HaninaBeit Hanina is a Palestinian neighborhood in East Jerusalem on the road to Ramallah. It is bordered by Hizma to the east, Shuafat to the south, Beit Iksa and Nabi Samwil to the west, and Bir Nabala, al-Jib, Kafr Aqab and ar-Ram to the north. The total area of Beit Hanina is 20 sq. kilometers...
, al-JudeiraAl-Judeiraal-Juderia is a Palestinian town in the Jerusalem Governorate, located 9 kilometers Northwest of Jerusalem in the central West Bank. According to the Palestinian Central Bureau of Statistics, the town had a population of 2,121 in 2006....
, and al-Jib - 5 villages in the BethlehemBethlehemBethlehem is a Palestinian city in the central West Bank of the Jordan River, near Israel and approximately south of Jerusalem, with a population of about 30,000 people. It is the capital of the Bethlehem Governorate of the Palestinian National Authority and a hub of Palestinian culture and tourism...
area : Nattir, HusanHusanHusan is a Palestinian town located north of the Gush Etzion Regional Council, nine kilometers west of Bethlehem, in the Bethlehem Governorate. According to the Palestinian Central Bureau of Statistics, Husan had a population of 5,511 in 2007.-Etymology:...
, Nahalin, Wadi FukinWadi FukinWadi Fukin is a Palestinian village in the West Bank, eight kilometers southwest of Bethlehem in the Bethlehem Governorate. The village is located between the Green Line and the Israeli West Bank barrier. According to the Palestinian Central Bureau of Statistics, Wadi Fukin had a population of...
and al-WalajaAl-Walaja-Bibliography:*Conder, Claude Reignier and H.H. Kitchener : . London:Committee of the Palestine Exploration Fund. vol 3 p. 206-207-External links:******, from the Khalil Sakakini Cultural Center*...
The localities of Khirbet Jabara (near Tulkarem), Azzun
Azzun
Azzoun is a Palestinian town in the northern West Bank, located 24 kilometers south of Tulkarm and is a part of the Qalqilya Governorate. According to the Palestinian Central Bureau of Statistics, Azzoun had a population of approximately 8,300 in mid-year 2006...
, Ras Tira, Dab'a, Wad Rasha and Arab a-Ramadeen (all near Qalkilya) were originally planned to be west of the barrier. Subsequently the Supreme Court of Israel
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
ordered a re-routing of the barrier to place these localities east of the barrier.
Qalqilya and the Hable area (including Ras Atiya
Ras Atiya
Ras Atiya is a Palestinian town in the Qalqilya Governorate in the Western area of the West Bank, located 27 kilometers South of Tulkarm and 11 kilometers South of Qalqiliya. According to the Palestinian Central Bureau of Statistics, the village had a population of approximately 1,599 inhabitants...
and Izbat Jalud) are strictly speaking not enclaves, as narrow strips of land connect them to areas east of the barrier. Periodically the Israeli military employ checkpoints to restrict access to these areas for security reasons.
External links
- Displaced by the Wall: Forced Displacement as a Result of the West Bank Wall and its Associated Regime, Badil Resource Center for Palestinian Residency and Refugee Rights and The Norwegian Refugee Council/Internal Displacement Monitoring Centre, September 2006.
- A study by Terry Rempel on Palestinan Refugees in the West Bank and Gaza Strip for ForcedMigration.org
- Israeli Ministry of Defense website on the Israel Security Fence
- Amira Hass article on how Palestinians are now 'illegal residents'