Restrictions
Land
Confiscation
on Use and Access
Introduction
75
Pupils won't be able to reach their schools by foot and will be forced to use an
alternative route, which is much longer and will require transportation. The same
is the case for neighbors and relatives who will be divided by the new road.
Court Case
Prior to the court case, there were negotiations between the Community Council
of Beit Safafa and the Municipality of Jerusalem, which lasted for almost two
years (2010-2012). We discussed with the Mayor, the engineers, employees from
the Ministry of Transportation and the company responsible for the construction
of the highway. We suggested a tunnel under the village instead, but all of the
negotiations were worthless. At that point, we hired an architect who conducted
three alternative detailed plans and we suggested them to the Municipality before
appealing to the court. Unfortunately, all three plans were formally rejected.
We decided to issue an administrative appeal to the District Court, we demanded
that the Court abort the building permissions (for the road) and we obliged the
Municipality to make a detailed plan. The Court should soon decide whether
to accept the appeal and freeze the construction works until having a detailed
plan, or to reject the appeal. For us, if the appeal will be rejected we will appeal
to the Israeli Supreme Court.270
According to our lawyers, there were illegal procedures made by the Municipality
including: 1. Absence of a detailed plan and a local outline plan required by law
and, which subsequently facilitated the loss of the residents’ right to object, 2.
Residents of Beit Safafa do not have access to the road, 3. The road will be a
highway (unlike mentioned in the former plan), 4. No alternatives were offered
to the residents.
In parallel action to the court case, we are carrying out diverse forms of popular
resistance to the plan of road No. 50. We established a popular committee
whose role is to coordinate our struggle as well to support the legal action. We
conducted demonstrations in the village in front of the Municipality and at the
construction site. Additionally, the Parents Committee issued a one day school
strike because the movement of pupils to schools will be severely affected by
the road. Moreover, we established a protest tent where people from the village,
journalists, solidarity groups, politicians and representatives of organizations
can come for discussing the issue of the road.
We also use social media as an instrument to advocate our struggle, but the
most important issue is that we were able to raise awareness about the issue
among the residents in Beit Safafa because at the beginning most of them
didn’t have any idea about the real consequences of the road.
270 Update: The District Court rejected the people of Beit Safafa’s appeal on 10 February 2013, so an
appeal was issued to the High Court but on 20 March 2013 the Israeli Supreme Court rejected the
administrative appeal made by them.
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