MIFTAH
Saturday, 6 July. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

For years to come, the Ulpana affair will be grist for the mill in law schools around the world. This is a rare instance in which innumerable criminals are being exonerated despite a preponderance of incriminating evidence. The raucous cries emitted by the settlers and their patrons bear a resemblance to the withdrawal symptoms experienced by a junkie. The loud moaning of the offended oppressors from the settlements and the Knesset has muffled the protests of the real victims.

This sad farce raises two important questions: Who has passed judgment on this duplicitous affair, and who will have to pay for the damage it has caused?

The truth is that this is not a dispute between the State of Israel and Palestinian land owners on whose plots the Jewish settlement was erected (and the owners' allies, activists from the Yesh Din human rights group ). In his reply to the High Court, the State Prosecutor's Office categorically rejected claims about a legitimate land sale transacted between the landowners and Amana, the land agent for the Yesha Council of settlements.

The Civil Administration has confirmed that the sales contract is fraudulent. The name of the land seller cited in Amana's transaction documents is nowhere to be found on land registry records; the seller never owned the land. In fact, more than two years ago, a land affairs officer in the Civil Administration wrote that Amana knew that the "seller" was not a legal owner of the property, since his name did not match the name listed in land registry documents. In fact, he was 7 years old at the time the land was registered, according to these authoritative documents.

In addition, the Amana transaction agreement was not approved by any official agency. Despite the fact that the land in question is listed properly in the registry, the settler transaction was never noted in the registry books, nor did the Civil Administration authorize the sale. Haaretz's Chaim Levinson reported two weeks ago that documents submitted by area residents to the High Court of Justice indicate that the development company that built Beit El's yeshiva complex and the Ulpana neighborhood submitted fraudulent documents to Bank Tefahot that clumsily attempted to prove the neighborhood was built on state-owned land, rather than on plots owned by Palestinians.

Questioned by the police, development company CEO Yoel Tsur conceded that he built the Ulpana homes even though his request for construction permits had been rejected. Asked why he built without permits, Tsur replied that since the Housing and Construction Ministry was involved in planning the neighborhood and financing its infrastructure, he sincerely believed that there was no reason not to build the homes.

Hence Tsur accused ministry officials of complicity in the transfer of public money in a completely illegal construction scheme. Yet the police investigation, which began five years ago, has yet to yield a single arrest or indictment.

Two weeks ago, when I asked the Justice Ministry's spokesman who will be punished for this illegal land grab at Ulpana, the spokesman replied: "We are waiting for the relevant authorities to comment on this matter." Last week, I received another statement from the spokesman, declaring that "on the basis of our examination of the matter, it appears that we cannot comment on it."

Perhaps such obfuscation is what Prime Minister Benjamin Netanyahu had in mind when he pledged that lawsuits would not be used to undermine settlement. Is the Ulpana affair an exception to the rule?

There are hundreds of houses built on land obtained fraudulently that litter the West Bank. In some rare instances, the High Court has ordered that the plundered assets be returned to their owners.

But so far, not a single person has been penalized by the courts for fraud, forgery or illegal construction in such cases. And what about the issue of who will have to pay for the legal expenses and moving costs entailed in the removal of the Ulpana settlers' homes to a new location? The answer is that we will all have to pay for this relocation - including the social justice activists, who appear to view justice as something that should be applied only to Israelis.

Fig leaf

All the disclosures about the first Lebanon war that have been surfacing on the 30th anniversary of the tragedy have shoved to the background the 30th anniversary of the Palestinian autonomy talks between Israel and Egypt, with the United States acting as mediator. These talks ended when the Lebanon war erupted.

More than a decade ago, Yitzhak Rabin gravitated toward principles embedded in the Palestinian section of the 1978 Camp David Accords signed by Menachem Begin; Rabin essentially incorporated these principles into the Oslo Accords.

Retired IDF Maj. Gen. Shlomo Gazit, who served as director of Military Intelligence from 1974-1979, wrote in his online column last week that Begin believed that the Egyptians viewed the Camp David Accords' multilateral section as a "fig leaf" whose purpose was to make it look like Egypt was not neglecting the Palestinian issue.

"In Military Intelligence, we believed that bilateral peace with Egypt would not lead to normalization between the two states in the absence of a solution to the Palestinian problem," Gazit wrote.

"Israel is not responsible for the dramatic developments which occurred in Egypt over the past year and a half, and we did not bring about the downfall of the Mubarak regime," he added. "Nonetheless, in the foreseeable future we will deal with the legacy of the seeds we planted over the past 35 years: Israel did not allow Palestinian autonomy to take root; Israel adopted a massive settlement policy which precludes any option of the establishment of an independent Palestinian state; and even 15 years after the Oslo Accords, we have maintained this same policy" of rejecting Palestinian autonomy.

Should Israel fail to grasp the implications of its policy, Gazit warned, the Egyptian people will resolve the dispute between Begin and Military Intelligence that erupted decades ago. The Egyptians will prove that their concerns about the Palestinians were not, nor are they now, a fig leaf.

 
 
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