Restrictions
Land
Confiscation
on Use and Access
Introduction
71
with respect to ‘determining the rates of fees for natural reserves’ and to the competent
authority with respect to ‘building roads’ and ‘establishing structures and services’.
The penalty for disobeying this order is six months imprisonment or a fine.
Wadi Qana Nature Reserve Case
Wadi Qana247 is a fertile valley that includes privately owned Palestinian
farmland and has been worked for generations. This area was designated a
‘nature reserve’ in 1983, however under bylaws of the reserve the Israel Nature
and Parks Authority are obliged to allow the continuation of all farming that was
practiced on the site before it was declared a nature reserve in 1983.248
Deir Istya, a major olive-producing village, is located in Wadi Qana where olive
trees have been growing for thousands of years.249 However, the Israeli Civil
Administration have been issuing orders to farmers to uproot their olive trees
in the area by virtue of its status as a Nature Reserve250 notwithstanding the
fact that those same olive trees contribute to the inherent ‘nature’ of the place.
Between 25 and 27 April 2012, ten Deir Istya farmers received orders from the
Israel Nature and Parks Authority and the Civil Administration to uproot 2,000
trees by 1 May 2012. On the 27 April 2012, another farmer received orders to
uproot a further 600 trees.251 In case the farmers did not comply, they were to
receive punishment in the form of fines or imprisonment. In June 2012, Deir
Istya residents petitioned the Israeli Supreme Court to halt the uprooting. This
occurred alongside coordinated local and international pressure on the Israeli
government resulting in the Court lifting the order to uproot pending further
discussion of the issue.252
Despite this Court-ordered stay, Israeli officials once again returned in 28 August
2012 with further orders: this time to ‘evacuate’ the lands from any planted olive
tree by the 15 September 2012 after which time the military would uproot them
by force with the farmers paying the bulldozer work fees.253
The response of the acting Israeli authority argument to the petition of the village
was that the villagers had planted additional olive trees and terraced irrigation
systems causing damage to the area but failed to provide factual evidence to
support this claim.254
247 Wadi Qana Nature Reserve is located in Deir Istya Village.
248 OCHA, ‘UNSCO-OCHA Discussion Paper – “Seam Zone” Military Order’.
249 IWPS, Wadi Qana Case Study: Two Thousand Olive Trees Under Threat (January 9, 2013); available
from http://iwps.info/?page_id=1768; accessed 24 April 2013.
250 IWPS, Wadi Qana Case Study: Two Thousand Olive Trees Under Threat.
251 IWPS, Wadi Qana Case Study: Two Thousand Olive Trees Under Threat.
252 OCHA, ‘UNSCO-OCHA Discussion Paper – “Seam Zone” Military Order’.
253 Center for the Defence of the Individual V. Government of Israel Et Al. Supplemental Response on
Behalf of the Respondents.
254 OCHA, ‘UNSCO-OCHA Discussion Paper – “Seam Zone” Military Order’.
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