consulted as part of this process. In addition, some Palestinian communities
report that they were informed of their planned relocation through verbal
means only, creating uncertainty and depriving them of key information
pertaining to their rights and the process to follow. Thus, in practice, the
meaningful participation of affected communities in a process which carries
an existential threat, is denied. This is not an isolated failure, but rather a
continuation of Israel’s exclusion of Palestinians from the planning process,
which started with the introduction of Military Order No. 418.
Military Order 418
Adopted in 1971, transferred the powers of the Ministry of Interior,
which included powers of appointment to the relevant bodies, to
the Commander of the Israeli Military. The same order removed the
planning functions from village councils, transferring these functions to a Central
Planning Bureau.82 Through this highly centralized planning system the Israeli
authorities inhibited the growth of Palestinian population centers in the occupied
Palestinian territory.
Israel’s treatment of Palestinians under threat of eviction in E1 is conducted
in grave breach of both international humanitarian and human rights law.
Key procedural standards, including legality, proportionality, rationality and
participation, are either implemented in such a way as to be unfit-for-purpose,
or are entirely absent. As evidenced in the content of the International Labor
Organization (ILO) Conventions 107 and 169, as well the operating policy of
the World Bank, this dereliction of duty regarding procedural standards is
especially troubling where the land rights of indigenous communities are
concerned.
Archaeological sites as a tool of displacement
Most of the communities in the West Bank have been in place for centuries,
and as a result, the majority of them are located on a site of archaeological
importance.83 The Archaeology Department of the Israeli Civil Administration
decide whether to declare a location an archaeological site or not, and also if
and under what conditions construction is allowed in such an area.84
Usually, the declared area will be considerably larger than the actual
82 Lein, Land Grab: Israel’s Settlement Policy in the West Bank. Jerusalem: B’Tselem- The Israeli
Information Center for Human Rights in the Occupied Territories, May 2002. http://www.btselem.
org/download/200205_land_grab_eng.pdf
83 Isaiah Silver, “Digging the Occupation: The Politics of Boycotts and Archeology in Israel.”
84 Emek Shaveh, Archaeology and Villages in the West Bank – Antiquities Sites and Their Integration into
Master Plans in Area C.
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