Trading Peace

7/31/2019 Trading Peace

1/19

Trading away Peace:

H ep hp t i ttmt


2/19

Trading away Peace: H ep hp t i ttmt2 Trading away Peace: H ep hp t i ttmt 3

THis rePorT is Produced by

THe ollowing organisaTions:

1. Aprodev

2. Blijk dln (Blgium)

3. Caabu (UK)

4. CCFd - T Sliai (Fanc)

5. Chistian Ai (UK an Ilan)

6. Chuch f Swn

7. Cai (Nthlans)

8. danChuchAi (dnmak)

9. diaknia (Swn)

10. FinnChuchAi (Finlan)

11. ICCo (Nthlans)

12. IKv pax Chisti (Nthlans)

13. Intnatinal Fatin f Human rights (FIdH)

14. Mical Ai f palstinians (UK)

15. mic intnatinal (Gmany)

16. mic intnatinal switzlan

17. Th Mthist Chuch in Bitain

18. Nwgian pls Ai

19. Nwgian Chuch Ai

20. Quak Cuncil f euan Affais

21. Quak pac an Scial Witnss (UK)

22. Tcai (Ilan)

F m infmatin las cntact:

[email protected]

publish octb 2012

pint n Cyclus off st a, ma fm 100 %

recycled bres. Printed with inks based on vegetal oil,

without IP alcohol, without solvents

Cover Photo: A view of the settlement of Modiin Illit,

built on lands taken from the neighbouring Palestinian villages.

Eduardo Soteras/Activestills.org

dsign by Miiam Hml, www.atknw.c.uk

conTenTs

oreword 5

eXecuTiVe suMMary 6-7

inTroducTion 8

MaP o seTTleMenTs 9

cHaPTer 1 israeli seTTleMenTs and THeir iMPacT 10-16

1.1 impt Pt ht vh

1.2 sttmt, t tt

cHaPTer 2 THe Two econoMies o THe wesT 17-19

bank: laVisH subsidies Vs. criPPling barriers

2.1 bft ttmt

2.2 rtt Pt m t

2.3 eu Pt p

cHaPTer 3 euroPes econoMic links wiTH seTTleMenTs 20-25

3.1 Vm ttmt t th th eu

3.2 Mt mm ttmt pt ep

3.3 ivvmt ep mp

cHaPTer 4 euroPean Policies Vis-a-Vis seTTleMenTs 26-29

4.1 sttmt pt mt

4.2 cm

4.3 d pvt t th ttmt

4.4 b mpt ttmt pt

4.5 ex ttmt m mt pt tmt th i

cHaPTer 5 recoMMended Measures 30-31

or euroPean goVernMenTs and THe eu

endnoTes 32-35


3/19


orewordH v b

i 1993, i ppt eucmm ext rt.it tm hp mtt i th Pt,mth th tho a.

Almost 20 years have passed since the Oslo Accords were signed

and peace in the Middle East seems more remote than ever.

That no comprehensive peace has been achieved is due to a

numb f asns. Th stagnatin f th ac css cannt

b attibut t a singl fact.

However, one of the main reasons I would say the decisive

n is Isals incssant sttlmnt licy in th Wst Bank an

East Jerusalem. In recent years, this policy has been preventing

the resumption of meaningful peace negotiations. But its negative

impact goes much further: it threatens the viability of the two-state

solution and thus the very feasibility of peace.

duing th ast cas, th eU has cnsistntly citiciz

and condemned the settlement policy. Dozens of ofcial EU

statements and positions reafrm the illegality of the settlements

un intnatinal law an ga thm as maj bstacls t

ac. ratly, th eU has stss that it will nt cgnis

any unilatal changs t th -1967 bs, incluing with

ga t Jusalm.

As sttlmnt cnstuctin has cntinu an acclat,

however, we Europeans have failed to move from words to action.

So far, we have refrained from deploying our considerable political

and economic leverage vis--vis Israel to contain developments on

the ground that contradict our basic values and that undermine our

statgic intsts.

As th winw f tunity f ac btwn Isal an

th palstinians is clsing bf u ys, th eU nw facs

a funamntal challng an ssibly last chanc t tanslat

its principled positions into effective action. If Europe wants to

preserve the two-state solution, it must act without delay and take

th la.

This gunbaking t suggsts hw th eU cul s. It

identies concrete measures that the EU and its 27 member states

shul at t st cibility t th eUs sitins an cntain

the settlement policy. At the highest level, they deserve serious

cnsiatin.

I am f th inin that ths masus, ict nly at illgal

sttlmnts utsi Isals cgnis bs, nt cnstitut

an anti-Israel agenda. On the contrary, the preservation of the two-

stat slutin, in accanc with intnatinal law, shul b sn

as a cntibutin t Isals scuity an lgitimacy.

Hans van den Broek

Fm Minist f Fign Affais f th Nthlans (1982-1993)

an fm eU Cmmissin f extnal rlatins (1993-1999)

Th rights Fum


4/19

Trading away Peace: H ep hp t i ttmt6 Trading away Peace: H ep hp t i ttmt 7Trading away Peace: H ep hp t i ttmt 7Trading away Peace: H ep hp t i ttmt6

eXecuTiVe suMMary

Th ep u pt t : i ttmt thp Pt tt tt , ttt t t p tht t m t-tt t mp.1 yt thpt h h ep p hpt th ttmt. it v tht theu mpt ppxmt ft tmm m th ttmt th

m th Pt thmv.sali sttlmnts a cmmunitis stablish n titis

ccui by Isal sinc 1967. Tay th a m than 500,000

sraeli settlers living across the occupied West Bank, including East

Jusalm. Sttlmnts cntl m than 42% f th Wst Banks

an an th majity f its wat an natual sucs.2 Thi aily

ncachmnt n palstinian tity unmins th fasibility f th

tw-stat slutin mt by th euan Unin.

Over the past two years, settlement expansion has accelerated

with more than 16,000 new housing units announced or approved.3

Manwhil th mlitins f palstinian stuctus - incluing ths

funded by European donor support - are on the rise, displacing over a

thusan l fm thi hms in 2011, almst twic th numb

n 2010.4 The last two years have also seen unprecedented numbers

of violent attacks by settlers against Palestinians.

a mt t-t tm

Through the establishment of settlements, successive Israeli

governments have created a discriminatory two-tier system in the

West Bank with settlers enjoying all the rights and benets of Israeli

citiznshi, an palstinians subjct t Isali militay laws that

deprive them of their fundamental rights.

Movement of Palestinians within the West Bank and access to

essential services, including hospitals, remains hampered by some

542 obstacles to movement, including roadblocks and checkpoints,

sit limit asing in th last yas.5 Accss t wat als

remains hugely unequal with Israel over-extracting West Bank water

sucs, whil sticting palstinians fm illing nw wlls an

developing their water infrastructure. In some cases, pumping of

gunwat t iigat xt cs n sttlmnt fams has i u

nearby Palestinian wells, limiting Palestinians ability to cultivate their

wn lans.

Aing t th cntaictins at th hat f eU licy twas

Isals illgal sttlmnts, th eU has fail t fully xclu

settlements from the benets of its cooperation programmes

and bilateral agreements with Israel. In several cases, EU public

funds for research and development have been used to directly

support activities in settlements.10 The newly ratied EU-Israel

Agmnt n Cnfmity Assssmnt an Acctanc f

Inustial pucts (ACAA), is anth xaml f eUs failu t

insist on a rm distinction between Israel proper and the illegal

sttlmnts.

Th

Th many linkags with sttlmnts a incnsistnt with

eus bligatins un intnatinal law, which stiulats

that third parties, including European governments, have the

uty nt t cgnis, ai assist sttlmnts as wll as th

duty to effectively oppose them. By trading with settlements and

cntibuting t thi mannc, th eU is als unmining

its years of political and nancial investment in Palestinian

stat-builing ffts. Th is a gwing awanss amng

European governments of the need to close the gap between

thi htic n sttlmnts an thi actic. Th Bitish an

Danish governments have already taken concrete steps by

ating guilins f cct lablling f sttlmnt ucts.

But there is much more that national governments and the EU

can t nsu thi licis nt ictly inictly sut

sttlmnts an th assciat injustics.

Th t m th wt b

Settlement farmers and manufacturers benet from wide-ranging Israeli

government subsidies and enjoy easy access to international markets

via government-built roads that bypass Palestinian populated areas.

In stark contrast, the Palestinian economy is severely constrained

by Isali stictins n accss t makts an natual sucs,

th annual cst f which has bn stimat at eUr 5.2 billin

85% f th ttal palstinian Gdp.6 As a sult f ths stictins,

Palestinian exports have declined from over half of Palestinian GDP

in the 1980s to less than 15% of GDP in recent years, effectively

negating any benets of the EUs preferential trade agreement with the

palstinians.7

This has hl cat a situatin wh th palstinian Authity is

nnt n lag amunts f funs fm th eU an th fign

donors and is currently facing an acute scal crisis.

Th tt ep t th ittmt

The most recent estimate of the value of EU imports from settlements

provided by the Israeli government to the World Bank is $300m

(230m) a ya8; this is approximately fteen times the annual value of

eU imts fm palstinians.9 With m than fu millin palstinians

and over 500,000 Israeli settlers living in the occupied territory this

means the EU imports over 100 times more per settler than per

palstinian.

Th mst cmmn sttlmnt ucts sl in eu inclu

agicultual ucts ,such as ats, citus fuits an hbs, an

manufactured products including cosmetics, carbonation devices,

lastics, txtil ucts an tys.

Despite its rm position that settlements are not part of Israel, Europe

has bn accting imts f ths sttlmnts ucts with igin

signat as Isal, thus acquiscing t Isals xtnsin f its

sovereignty over the occupied territory. Many of these products are

als sl in euan sts un th mislaing labl Ma in

Isal, nying cnsums thi ight, un xisting eU cnsum

tctin lgislatin, t mak infm cisins whn thy sh.

As a sult, many euan cnsums a unwittingly suting th

settlements and the attendant violations of human rights.

Byn th ta in sttlmnt gs, sm euan-wn

companies have invested in settlements and related infrastructure or

are providing services to them. Cases that have been reported include

G4S (UK/dnmak), Alstm (Fanc), vlia (Fanc), an Hilbg

Cmnt (Gmany). oths, such as dutsch Bahn (Gmany),

AssaAbloy (Sweden), and Unilever (Netherlands) have already ceased

their activities in the West Bank in recent years, setting an example for

th cmanis still ing businss in th sttlmnts.

ex ttmt m eu

t t th i

rmm m ( tvmt th eu pppt)

s mpt ttmt pt

Natinal an eU1. ensu cct cnsum lablling

f all sttlmnt ucts as a minimum

masu, as n by th UK

and Denmark, but also covering

manufactu ucts.

2. As a futh masu, iscuag

businsss fm uchasing sttlmnt

gs an fm all th cmmcial

and investment links with settlements,

by means of formal government advice.

3.As a more comprehensive option, ban

imts f sttlmnt ucts, as call

f by Ilan.

Natinal

Natinal in absncf cmmn eU actin

eU/eFTA

Natinal an eU

Natinal an eU

Natinal

Natinal in absncf cmmn eU actin

4. exclu sttlmnt ucts fm

fntial makt accss by insisting

that Isal stat signating th igin f

sttlmnt ucts iffntly than Isal.

5. exclu sttlmnts fm bilatal

agmnts an catin instumnts

with Isal by mans f xlicit lgal

provisions and safeguards.

6. exclu sttlmnt ucts an

cmanis fm ublic cumnt

tns.

tt th ttmt

7. Remove organisations funding settlements

fm tax uctin systms, as n in

Nway.

8.Prevent nancial transactions to settlements

and related activities by means of applying

restrictive measures, as a more

comprehensive approach.

Natinal

Natinal

eU

oeCd mmbs

oth m

9. discuag citizns fm buying

ty in sttlmnts by mans f

formal advice, as already done by

several EU member states.

10. Issu guilins f euan tu

operators to prevent support for

sttlmnt businsss.

11. daw u a list f cmanis mis-

stating th igin f sttlmnt

gs as Isal as qust by th

euan paliamnt.

12. Insist that Isal isagggats

settlement data provided to the

oganisatin f ecnmic C-

Operation and Development (OECD).


5/19


inTroducTion

Th t t th pt hmt, vpmt, hmht, p- tht m eu mmtt, m n stz - hv t th mpt i ttmt Pt mmt th ptt m . i tt tth mm h ppt tht th

tt tmt ttq, th hv tht th t th m tt. sttmt xp, Pt t h t m, h th t tt hpt, tt thpt thm mvmt hth t v. Pthm tt mh t m ttmt,p h pp v .

ARIEL

SHILO

ELI

MEHOLA

MEVODOTAN

KEDUMIM

SHAVESHOMRON

SALIT

AVNEHEFETZ ENAV

ELKANA

HALAMISH

TALMON

ITAMAR

ELONMOREH

OFRA

BETEL

MA'ALEMIKHMAS

MEVOHORON

KARNESHOMRON

K.ADUMIM

K.ETZIONEFRATA

TEKOA

KIRYATARBA

NEGOHOT

HAGGAY

MA'ON

SUSSIYA

OTHNIEL

SHIM'A

MITZPESHALEM

QALYA

MA'ALEADUMIM

G.ZE'EV

GILOHAR

HOMA

BRAKHA

YIZHAR

Migron

Mle.

Rehavam

Mp.Kramim

Adi Ad

PalgeMayim

Hayovel

Kida

Nablus

Tulkarm

Jenin

Ramallah

Jerusalem

Jericho

Bethlehem

Hebron

Qalqilya

Gaza

Rafah

KhanYunis

Settlements Established and Evacuated 1967 - 2008

ISRAEL

Med

iterran

ean

Sea

Dead

Sea

JordanR

iver

Map : Jan de Jong

10 Km

G A Z A

S T R I P

W E S T B A N K

Palestinian-usedand accessed areaseast of the Barrier

Settlement Areas

Green Line

Separation BarrierRoute ( April 2006)

Settlementsestablishedin1960's

Settlementsestablished

in 1970'sSettlementsestablishedin 1980's

Settlementsestablished1990 - 1995

Settlement Outpostsestablished beforeMarch 2001

Settlement Outpostsestablished afterMarch 2001

Settlements evacuatedin September 2005

Th sitin f th euan Unin is abslutly cla:

Sttlmnts a illgal un intnatinal law, cnstitut an

bstacl t ac an thatn t mak a tw-stat slutin

imssibl.11 Yet, over the years, the EUs statements have done

littl t halt th cntinu sttlmnt cnstuctin. At th sam

tim, eu has cntinu taing with th sttlmnts, thus

facilitating their entrenchment and growth. Given that settlement

expansion is making a viable Palestinian state all but impossible,

th ta with sttlmnts is unmining billins f eus in ai

that Europe has invested in Palestinian state-building efforts. There

is a growing awareness among European governments of the

n t ctify ths licy incnsistncis.

This t cumnts th ffcts f Isali sttlmnts n

Palestinian rights and livelihoods and describes the Israeli

governments starkly different treatment of settlers and

palstinians in th Wst Bank. It utlins th cnmic links

btwn eu an th sttlmnts, naming th mst cmmn

settlement products sold in Europe and detailing the involvement

f euan cmanis. Th t als analyss euan

and national policies relevant to trade and other linkages with

sttlmnts. It snts a ang f cnct an fasibl masus

to bring the actions of national governments and the EU in line

with thi ws an t nsu that thi licis nt ictly

inictly assist th sttlmnts.

Settlements Established & Evacuated, 1967-2008

Funatin f Mil east pac an Jan Jng, Fb 2008


6/19


The construction of the Wall in the Palestinian village of Al Walaje which has beensurrounded by thousands of settlement units in the Gush Etzion bloc. Photo: David Levene

cHaPTer 1israeli seTTleMenTsand THeir iMPacT

sttmt i mmtth tt p th 1967 a-i .sttmt ppt tt p ,hpt, th pt v thm m th Pt ppt. sttmtvt tt un stc t t, thhtth 45 i pt

th Pt tt, v ivmt h pmt tttmt xp.

There are now more than 500,000 Israeli settlers living in over 200

sttlmnts in th Wst Bank, incluing east Jusalm.12 Th

sttl ulatin has m than ubl sinc th cnclusin f

the Oslo peace accords in 1993, which were intended to provide

a famwk f ning th ccuatin.13 Th sttl ulatin is

growing at a much faster rate (an average of 5.3% annually over

th last ca) than th Isali ulatin as a whl (1.8%).14

Sm f th lagst sttlmnts, such as Maal Aummim, Ail

an Bta Illit a nw sizabl twns with tns f thusans f

inhabitants.

duing th ast tw yas in aticula, fllwing th failu f US

President Obamas effort to convince the Israeli government to

fz sttlmnt cnstuctin, sttlmnt gwth has makly

accelerated. More than 16,000 new housing units have been

announced or approved since October 2010.15 Over the same

period, Israeli authorities have stepped up demolitions of

Palestinian homes, while violent attacks by settlers against

Palestinians have also sharply increased.

Th gwth f sttlmnts is cating facts n th gun that a

violating the Palestinian right to self-determination and making the

two-state solution promoted by the European Union ever harder

to achieve. More than 42% of West Bank land and the majority of

water and natural resources have been seized from Palestinians

an allcat t sttlmnts.16 Sttlmnts an th lat

infastuctu, incluing nw a ntwks an th saatin

barrier, have carved up Palestinian communities into disconnected

enclaves with movement controlled by checkpoints. This land

grab, that has no legitimate security justication, has dramatically

reduced the space available for Palestinians to develop livelihoods

an cnstuct husing an infastuctu. At th sam tim,

settlements have been integrated with Israel proper, blurring the

intnatinally acct -1967 b btwn Isal an th

Wst Bank.

Thugh th stablishmnt f sttlmnts, Isal has cat

a isciminaty tw-ti gim in th Wst Bank with tw

populations living separately in the same territory under two

iffnt systms f law. Whil sttls njy all th ights an

benets of Israeli citizens, Palestinians are subject to a system of

Israeli military laws that deprives them of their fundamental rights.17

Israels continuing announcements to accelerate

the construction of settlements in the Occupied

Palestin ian Territories, in cluding East Jerusa lem,

send a devastating message. We call on the Israeli

government to reverse these steps. The viability

of the Palestinian state that we want to see and the

two-state solution that is essential for Israels long-

term security are threatened by the systematic and

deliberate expansion of settlements. Settlementsare illegal under international law and represent a

serious blow to the Quartets efforts to restart peace

negotiations . All settlement act ivity, including in

East Jerusa lem, must cease immed iately.

eU statmnt at th UN Scuity Cuncil, dcmb 201120

Isra eli soldier searches boys school bag in Hebron. pht: Tcai/Alan Whlan

a a, b c: pmttmp

Under the Oslo Accords, the West Bank was divided into

three administrative zones which were meant to be temporary

and transitional. Area A, which covers just 18% of the West

Bank, is under civil and security control of the Palestinian

Authority. Area B is under Palestinian civil control and joint

Isali-palstinian scuity cntl. Aa C is un th full

civil and military control of the Israeli government and it is the

area where Israeli settlements are located. Covering 62% of

th Wst Bank, Aa C is th lagst an th nly cntiguus

area connecting 227 separate enclaves (A and B).18 In

to travel through Area C Palestinians must cross through

chckints. Aa C als cntains th majity f wat

sucs an gazing an agicultual lan. As th eU has

nt in an intnal t, th palstinian stat-builing jct

supported and co-nanced by the EU is in effect partly limited

t th fagmnt an islat islans f aas A an B in th

can f th cntiguus aa C.19


7/19


1.1 impt Ptht vh

Demolitions deprive people of their homes, remove their sources

of livelihood and have an overwhelmingly negative psychosocial

imact. M than half th palstinians islac in 2011

w chiln24 f whm th lss f thi hm is aticulaly

devastating.

Accing t Isali authitis, mlitins a cai ut

bcaus stuctus lack th qui builing mits. In ality,

it is almst imssibl f palstinians t btain mits t

build homes, clinics, schools, wells, animal pens or other vital

infastuctu f lcal cmmunitis in Aa C. Isali authitishave rejected 94% of construction permit applications for

palstinian stuctus in Aa C in cnt yas.25

In cntast, Isali sttlmnt cnstuctin cntinus unabat

and receives strong government support despite violating

international law. Even in cases where Israeli settlers have built

nti sttlmnt utsts in bach f Isals wn gulatins,

the Israeli authorities have rarely demolished the buildings. In

some cases they have retroactively approved their construction or

cnnct thm t th a ntwk, lcticity an wat suly

and provided security forces to guard them. There are currently

abut 100 sttlmnt utsts built withut th qui mits

(whil all sttlmnts, whth with mits nt, a illgal

un intnatinal law).26

An Israeli settlement on the outskirts of East Jerusalem. Settlements are beingconstructed around the city, cutting off Palestinian East Jerusalem from the West

Bank. Despite widespread water shortages in Palestinian communities, many of these

settlements boast swimming pools and water featur es. Photo: Trcaire/Alan Whelan

uq t t

Israel maintains a hugely unequal division of water resources in the

West Bank to the benet of settlers and at the expense of Palestinians.

Isal has bn xtacting Wst Bank wat at such a at that it has

led to a decline in water available to Palestinians.35 At th sam tim,

Israeli-imposed restrictions prevent Palestinians from drilling new wells

and developing their water sector to meet their needs.36

Un th osl Agmnt, which was mant t b tmay an

tansitinal, Isalis w allcat fu tims m wat fm th

sha Wst Bank aquifs than palstinians. In actic, Isal has

bn xtacting u t 80% m than this allcatin ag un osl.

As a result of the Israeli over-extraction, combined with restrictions on

Palestinian drilling and water sector development, the amount of water

Palestinians extracted from 1995 to 2007 decreased by 4%, even as

th palstinian ulatin incas by half, accing t th Wl

Bank.37

Average Palestinian water consumption in the West Bank is about

73 lits a ay sn wll blw th 100 lits caita aily

cmmn by th Wl Halth oganisatin (WHo) as th

minimum quantity f basic cnsumtin. p caita wat us f

Isalis - incluing sttls - is th an half tims high.38

Th unqual accss t wat ks Isali sttlmnt fams wll

iigat an lush, whil th palstinian agicultual sct cul sut

u t 110,000 m jbs with aquat accss t wat.39

In the Jordan Valley, Israel has drilled deep wells to service water-

intensive export-oriented agriculture in settlements. Fewer than 10,000

sttls in th aa us n-quat th ttal amunt f wat cnsum

by th nti palstinian ulatin f th Wst Bank, sm 2.5 millin

l.40 In sm cass, uming f wat fm Isali wlls in th

ccui tity t iigat sttlmnt agicultu f xt has i

up nearby Palestinian wells, limiting Palestinians ability to cultivate their

wn lans.41 While in 1967, there were 209 active Palestinian wells in

th Jan vally aln; tay th a nly 89.42

Members of the a-Rashaydah family after the demolition of their home in Fasayil,the Jordan Valley. Photo: BTselem/Atef Abu a Rob

Th Isali licy f builing sttlmnts in th ccui tity

results in widespread human rights violations and undermines

the development of Palestinian communities. Palestinian homes

a mlish t mak way f illgal sttlmnts, islacing

hundreds of people every year. Settlements deny Palestinians

freedom of movement and deprive them from accessing vital

sucs such as wat an famlan.

dmt pmt

The last few years have seen a large increase in demolitions ofpalstinian hms an infastuctu by Isali fcs, sulting

n acclat fcibl islacmnt f l. In 2011, 622

Palestinian homes, wells, rainwater harvesting cisterns and other

ssntial stuctus w sty in Aa C an east Jusalm,

islacing almst 1,100 palstinians. This is almst ubl th

number of people displaced in 2010, and the highest gure in

years. Over 60% of demolitions are carried out close to, or inside,

aas allcat t sttlmnts.21

n the rst nine months of 2012, the number of demolitions per

mnth has kt ac with th cing c ya.22 Thusans

m main at isk f mlitin an islacmnt in Aa C an

east Jusalm. dstuctin f th ccui ulatins ty,

except in cases of absolute military necessity, is a violation of

ntnatinal law.23

Demolitions also affect projects funded by European governments

on behalf of the Palestinians. During 2011 and the rst half of 2012,

at last 62 stuctus fun by euan ns w mlish

in Aa C; incluing wat cistns, animal shlts an agicultual an

sintial stuctus. At last anth 110 stuctus fun by euan

donors are under threat of demolition, having received demolition or stop

wk s fm Isali authitis.27 Th a n knwn cass wh

European donors have received any compensation from the Israeli

authitis f th amag t thi jcts.

chpt, th pt

Since the 1990s, Israel has put in place an extensive network of

obstacles blocking Palestinian movement within the West Bank,

incluing chckints, ablcks an th saatin bai,

accompanied by a restrictive system of permits. Despite some easing

f th hysical stictins in th last fu yas, palstinians still fac

major difculties in travelling between different West Bank cities,

accssing thi wklacs, famlan, schls an hsitals, an

visiting their family relatives.28

According to recent UN gures, there are approximately 542

roadblocks and checkpoints obstructing Palestinian movement in the

Wst Bank. Aximatly 70 cmmunitis, with a cmbin ulatin

of 190,000, are forced to use detours that are two to ve times longer

than th ict ut t th clsst city. 29

Most of the restrictions on Palestinian movement in the West Bank

a intn t tct th Isali sttls scuity an t facilitat thi

movement.30 In contrast to the Palestinians, settlers have easy access

t scial as that byass palstinian ulat aas an cnnct

sttlmnts t th a ntwk an citis insi Isal an t th

sttlmnts.

Th saatin bai is a maj aitinal bstacl t palstinian

movement. The route of the barrier deviates from the internationally

acct -1967 Gn Lin f 85% f its 700km ut, making

th bai illgal un intnatinal law, as stat by th Intnatinal

Cut f Justic.31 Cutting int th Wst Bank, th bai is

dividing Palestinian communities from one another, isolating some

11,000 palstinians n th Isali si an saating fams

fm thi lans. Th ut f th bai is imaily tmin by

th lcatin f th sttlmnts, as it ks 85% f th sttlmnt

ulatin, incluing aas lann f futu sttlmnt xansin,

n th Isali si f th bai. 32

Accss t east Jusalm als mains a maj blm. Isal bligs

any Palestinian who does not have residency rights in Jerusalem

Isali citiznshi t aly f a mit thugh a cmlicat an

tim-cnsuming css. This is als th cas f mical atints

accssing palstinian hsitals in east Jusalm. 19% f atints

an thi cmanins in th Wst Bank wh ali f halthca

accss in 2011 ha thi mits ni lay.33 In a vast majority

of ambulance transfers, patients must be moved from a Palestinian

ambulanc t an Isali ambulanc at a chckint bf nting

Jusalm.34


8/19


b Mh

Th palstinian cmmunity f Baala in th nthn Jan vally

was once a thriving agricultural area. In 1969, Israel established the

Mehola settlement, allocating agricultural land privately owned by

Palestinians for the exclusive use of Israeli settlers.

Sinc thn, th man fm th sttlmnts f wat t gw

crops and service their homes has had a directly negative

impact on Palestinians access to water. Deep, high-volume

wlls ill by th Isali wat cmany Mkt in th 1960s

an 70s caus shallw palstinian wlls an sings t y

u.47 In principle, Mekorot agreed to provide water from its wellst affct palstinians but Baala sints tl Human rights

Watch that they have no control over the operation of the Israeli

wells and have suffered severe shortages in summer.48 Fams

from Bardala said they could only cultivate one-third to one-half

as much lan as thy us t, u t lack f iigatin wat.49

Some farmers have resorted to purchasing portable water

tankers for irrigation, though Israeli forces have in some cases

conscated the water tanks and ned the owners.

Meanwhile, the settlers have no problem with access to water: in

aitin t a swimming l, Mhlas gnus wat suly allws

it to grow crops for export. According to the Israeli group Who Prots,

Mhla ucs mlns an ats f xt t eu.50

Pt ttmt

The space for Palestinian economic activity and employment is

severely constrained by sweeping Israeli restrictions. As a result,

many Palestinians have little option but to seek employment in the

same settlements, which are the very reason for their poverty and lack

f tunity. This is sit th licy f th palstinian Authity,

sut by palstinian ta unins, that iscuags palstinians

fm wking in th sttlmnts.

The Israeli settlement economy, on the other hand, benets from the

xlitatin f palstinian labu. palstinians wking in sttlmnts

a mly mainly in cnstuctin, agicultu an in th inustial

zns.

At last 9,500 palstinians a wking in sttlmnt fams, which

in some cases have been built on land expropriated from them. In aharsh irony, some Palestinian farmers have become, in effect, tenant

wks n what us t b thi wn lan.51 palstinian wks ftn

face discrimination and violations of their rights. While the minimum

wage in Israel is currently $6.00 per hour, Palestinians working on

Israeli settlements in the Jordan Valley are paid only an average of

$2.00$4.80 per hour. None of the Palestinian workers interviewed in

a recent survey received the benets that Israeli workers are entitled

to by law, including holidays, overtime pay, health insurance or sick

ay.52

According to Kav LaOved, an Israeli NGO protecting labour rights,

chiln as yung as 12 als wk sasnally n th Jan vally

sttlmnt fams, mainly whn ats, s an tmats a

harvested.53

Palestinians construct a greenhouse on an Israeli settlement farm in the JordanValley. Photo: Christian Aid/Tabitha Ross

stt v

Th snc f illgal sttlmnts in th ccui tity is a

source of extreme tension that often leads to violence on both sides.

Palestinians living in the vicinity of settlements located throughout

the West Bank have been subjected to increasing numbers of violent

attacks cmmitt by sttls.

2011 saw a c numb f sttl attacks sulting in palstinian

casualtis an ty amag: 32% m than in 2010, an

144% more than in 2009. Nearly 250,000 people live in communities

vulnerable to settler violence.54

In addition, about 10,000 Palestinian-owned trees, primarily olive

ts, w amag sty by Isali sttls last ya,

signicantly undermining the livelihoods of hundreds of families.55

Other acts of settler violence against Palestinians have included

stone throwing, blocking roads, torching elds and other damage to

ty.

Wat cistns us by palstinian fams t cllct ainwat a

fquntly mlish by th Isali authitis (46 in 2011 aln),

futh limiting thi ability t gw cs.43 In aitin, a gwing

number of water springs on Palestinian land in the vicinity of

settlements have been taken over in recent years by settlers who

have subsequently blocked Palestinian access to them.44

Many Palestinian farmers have no choice but to purchase water

from mobile tankers that is up to ve times more expensive than

water from a regular supply, making their produce more expensive

and less competitive.45 Overall, the lack of access to water has led

to a fall in the viability of farming and a loss of livelihoods.

Isals xlitatin f wat sucs f th ccui tityat the expense of local population is an ongoing violation of

ntnatinal law.46 By imting agicultual cs gwn n

sttlmnts an nnt n xtactin f wat eu is

contributing to this ongoing violation.

1.2 sttmt, t tt

wh ttmt ?

As th ccuying w, Isal is blig t sct intnatinal

humanitarian law as set forth, inter alia, in the Fourth GenevaConvention (1949) and the Hague Regulations (1907).

The Fourth Geneva Convention prohibits an occupying power from

tansfing its citizns int th ccui tity (Aticl 49). Th

Hagu rgulatins hibit an ccuying w fm untaking

mannt changs in th ccui aa unlss ths a u

to specic military needs, or unless they are undertaken for the

benet of the local, in this case Palestinian, population.58

By seeking to prevent de facto annexation, these prohibitions

infc th basic incil that an ccui nly acquis

temporary authority over an occupied territory, not permanent

sovereignty.59 Thy a als in accanc with th incil f

inamissibility f th acquisitin f tity by wa.60

The creation of settlements for Israeli civilians in the occupied

Palestinian territory violates these international laws, as concluded

by the UN Security Council, conrmed by the International Court

f Justic an atly stat by th eU.61 Sttlmnts als

bach th palstinian ight t slf-tminatin.62

A number of related Israeli practices are also illegal under various

provisions of international humanitarian and human rights law,

incluing:

the appropriation of Palestinian land for settlements and the

xlitatin f palstinian nn-nwabl natual sucs; 63

unjustied changes in pre-existing laws on water distribution and

lanning;64

demolitions of Palestinian structures and forcible displacement of

palstinians;65

construction of the separation barrier where it deviates from the

-1967 Gn Lin;66

movement restrictions linked to settlements.67

Un intnatinal law, Isali authitis a blig t scu law

and order and to investigate and prosecute crimes. Still, settlers

committing violent attacks enjoy almost total impunity. According to the

Israeli rights group Yesh Din, over 90% of complaints regarding settler

violence led by Palestinians with the Israeli police in recent years

have been closed without indictment.56 Out of 162 complaints led by

Palestinians against incidents of vandalism of their trees by settlers

over the past seven years only one resulted in an indictment.57


9/19


wht th t epvmt?

Un intnatinal law, thi stats, incluing euan

governments, have the following obligations with regard to serious

bachs f intnatinal law:

uty nt t cgnis as lawful a situatin aising fm a bach

f intnatinal law (uty f nn-cgnitin);

uty nt t n ai assistanc in maintaining th illgal

situatin; an

uty t nsu cmlianc by all signatis, incluing Isal,

with international humanitarian law (i.e. to exert inuence, to the

degree possible, to stop its violations).68

In a cntly ublish lgal inin, Jams Cawf, fss

of international law at Cambridge University, argues that allowing

trade with settlements does not violate the duty of third states

nt t ai assist bachs f intnatinal law, as th link

btwn th thi stats cnuct an th illgal cnuct f Isal

s insufcient.69 However, referring to the principles established

by th Intnatinal Cut f Justic in latin t Suth Aficas

ccuatin f Namibia in 1971, Cawf agus that allwing

ta with sttlmnts might in sm cass bach th thi stats

duty of non-recognition, depending on the specic facts.70

cHaPTer 2THe Two econoMieso THe wesT bank:laVisH subsidies Vs.criPPling barriers

m mt pt ttmt t m - vmt tv m t ttmt v p tht pPt ppt . i ttt, th Pt m t v tt mtp ph mttvt mp th itht. Th m th Ptpt m th eu

th .

2.1 bft ttmt

Settlements have established modern agribusinesses and

industrial zones that produce high value goods for export to the

eU an intnatinal makts. This is atly u t th scial

incentives provided by the Israeli government.

Most settlements are classied by Israel as national priority

areas which entitles them to a wide range of nancial benets

an subsiis, incluing f husing cnstuctin, ucatin,health services and local development. The benets provided

to settlers are signicantly higher than benets for Israelis living

within th -1967 lins. Accing t th Isali NGo pac

Now, the Israeli government spends at least 1.6 billion shekels

(330 million) annually on benets for settlers over and above the

level of benets provided to citizens inside Israel proper. This does

not include the signicant security funds spent on settlements.

Government grants for local authorities in settlements were more

than twic as high caita than insi Isal, whil sning n

ucatin uil was 63% high in sttlmnts.75

Settlements have established modern agribusinesses and industrial

zones that produce high value goods for export to the EU and

international markets. This is partly due to the special incentives provided

by the Israeli government.

A number of benets directly affect the industrial and agricultural businesses

operating in settlements, including those exporting to Europe, and give themsignicant competitive advantage. Some of these benets include:

state investment in development of industrial areas that have been built in

sttlmnts;

a 69% iscunt n las f lan intn f inustial us, tuism an

ta;

benets for factories including grants of 24% of the investment, income tax

benets, grants for research and development of up to 60% of the cost of

every project and assistance in hiring workers in certain areas of activity;

benets for agriculture ,including grants of up to 25% of the investment

for the establishment of agricultural enterprises and tax benets on prots

ranging from 25-30% and on investments used especially by settlement

fams in th Jan vally that uc mainly f xt t eu.76

The Israeli government is also spending considerable funds on

building settlement infrastructure, including the previously mentioned

scial as that facilitat ai an unftt accss by sttls t

bth Isali an xtnal makts.

The Israeli government even has a special subsidy for reimbursing

sttlmnt xts blig t ay eU imt uty. This

cmnsatin was intuc whn th eU an th euan F

Ta Assciatin (eFTA) ci t xclu imts f sttlmnt

ucts fm taiff-f tatmnt in 2005 (s chat 4.1). F

2012, the Israeli government budgeted 10.8 million shekels (2.2

millin) f ths imbusmnts.77

In 2005, th eU has f stats jintly call f th ablitin f

nancial and tax incentives and direct and indirect subsidies [by the

Israeli government], and the withdrawal of exemptions beneting

th sttlmnts an thi inhabitants.78 However, the appeal went

unheeded by the Israeli government.

According to another view, third states do have an obligation to end

all ta with sttlmnts, as stats mitting nty f sttlmnt

ucts t thi makts a imlicitly cgnising, aiing an

assisting sttlmnts.71

Even if states are not obliged to stop the import of settlement

ucts, Cawf ints ut that if an eU mmb stat wish

t s, this wul b missibl un eU an Wl Ta

oganisatin law.72

Cawf futh agus that thi stats uchas f agicultual

uc fm sttlmnts (.g. thugh ublic cumnt) wul

bach thi bligatin nt t ai assist th nging cmmissin fan intnatinally unlawful act. This is bcaus sttlmnt agicultu is

heavily dependent on water and water distribution in the West Bank is

regulated by Israel military orders that contravene the occupiers duty to

sct -xisting laws.73

Crawford also argues that nancing construction of settlement-related

infastuctu (.g. th Jusalm light ail) may bach th uty f nn-

cgnitin, sinc it cntibuts t making th ccuatin mannt.74

In th last chat, this t uts fwa cnct masus th

EU needs to take if it is serious about its obligation to effectively

oppose the settlements and associated violations of international law.

Some streets in the old centre of Hebron are now off limits to Palestinians due tothe presence of settlers in the centre of the city. Streets such as this were once busy

markets but are now empty. Photo: Trcaire/Eoghan Rice

Vineyards that form part of an illegal Israeli settlement in the Jordan Valley in

th Wst Bank, built n cnfiscat palstinian lan. pht: Tcai/Gay Walsh


10/19


2.2 rtt Ptm t

Accing t th pais ptcl, sign in 1994 as at f th osl

ac css an cgnis by Isal as th fmal basis f

economic relations with the Palestinian Authority, Palestinians have

h ight t xt thi ucts withut stictins an shul b

given equal treatment to Israeli exporters.

The EU and EFTA both have trade agreements with the

palstinians ganting thm fntial accss t th euan

makt, incluing uty-f accss f inustial ucts.79 In

2011, th eU xtn th uty-f accss t mst palstinian

agicultual xts, in what th eU has call n f th mst

generous [agreements] that the EU has ever signed in the eld of

agicultu.80

However, the difference between theory and reality could not be

reater. Wide-ranging Israeli restrictions effectively invalidate the

EUs agreement with the Palestinians, affect every aspect of their

business activity and keep their exports to Europe to a minimum.

Th stictins inclu:

Constraints on access to land and water: Ths stictins

a aticulaly ciling f th palstinian agicultual sct.

Accing t UNCTAd, th cnmy has lst accss t 40%

f Wst Bank lan, 82% f its gun wat, an m than tw

his f its gazing lan an th imact n palstinian agicultu

has been devastating.81 rstictins n accss t wat mak

Palestinian produce much more expensive than produce from

ttlmnts.82

Ban on dual-use items: Isal bans palstinians fm imting a

ang f ual-us itms, incluing chmicals an ftiliss us

n factories and agriculture. While Israeli settlers have full access to

hese materials, Palestinians are forced to turn to more expensive

or less effective alternatives that further increase the cost of

production and often have greater negative long-term impact on the

environment. 83 It is stimat that th ftiliz stictins la t

osses of between 20% and 33% in agricultural productivity.84

Obstacles to movement of goods: Whil sttls njy asy

an ict accss t Isali an intnatinal makts, all palstinian

gs stin f Isal futh xt must ass thugh Isali

checkpoints where they are unloaded from Palestinian vehicles and

extensively checked before they can be re-loaded onto an Israeli

vehicle on the other side (the so-called back-to-back system). This

s xtmly tim-cnsuming an ftn amags th ucts.

palstinian gs stin f intnatinal makts thn ass thugh

sraeli port and airport t erminals where they face further disadvantages,

obstacles and excessive time delays. All these obstacles signicantly

educe the competitiveness of Palestinian products and increase the

unpredictability of their delivery times and quality.85

Laith Nasser (3) from the village of Susiya in the South Hebron Hills, which is currently

under threat of demolition. L aiths family have had their home demolished seven times.Photo: Trcaire /Eoghan Rice

Th xansin f sttlmnts an assciat islacmnt f

Palestinians from Area C have undermined the effectiveness

f eU ai an bstuct th stat gal f this funing:

palstinian stath as at f a tw-stat slutin. By taing

with sttlmnts an cntibuting t thi mannc, th eU is

undermining its own investment in Palestinian state-building efforts.

Futhm, whil th eUs ai has bn cucial t ass th

urgent needs of Palestinians living in poverty, it has also effectively

relieved the Israeli government of its obligation as the occupying

w t nsu th wlfa f th ccui ulatin.

If EU aid is to have lasting impact and not only perpetuate the

status quo, governments need to invest not only money but also

political will to address the root causes of Palestinian poverty and

ai nncy.

At present, international donors meet most of thebill for the conseq uences of occupation that shou ld

be met under the Geneva convent ion by Israel. ... If

Israel conti nues, as its prime mi nister says it w ill,

to build settlements, making an agreement on a

viable Palestinian state all but impossible, should the

internat ional communit y simply shr ug its shoulders

and write more cheques? The money that I spent in

Palestin e on behalf of Europe an voters and ta xpayers

over five years as a European commissioner has

drained away into the blood-soaked sand.

Chis pattn, fm eU Cmmissin f extnal rlatins98

A photo contrasts life in a busy Hebron market in 1999 and life on t hat street today.

The old centre of Hebro n has been closed to Palestinians, turning the city into a ghosttown. Photo: Trcaire /Eoghan Rice

Gaza closure: Cma t th Wst Bank, th Gaza Sti has

been subject to even more stringent restrictions, especially since the

takeover by Hamas in 2007. Exports from Gaza, a territory inhabited

by 1.6 million Palestinians, have been banned almost entirely,

contributing to the low volume of overall Palestinian exports. Despite

the easing of some restrictions by Israel since 2010, the volume of

exports from Gaza is still less than 2% of the pre-2007 levels.86 eU

imports from Gaza over the ve years of blockade have been limited

t a fw shimnts f agicultual uc t th Nthlans an

tw tucks f gamnts t th UK. 87

Altgth, th Isali stictins main th maj imimnt t

sustainabl cnmic gwth in th ccui palstinian tity,

accing t th Wl Bank.88 A palstinian stuy cit by th

World Bank estimated the total cost of the Israeli restrictions at $6.9

billin (5.2 billin) in 2010, 85% f th ttal palstinian Gdp. In

th ws, if th stictins w lift, th palstinian cnmy

wul b almst ubl in siz than it is tay.89

2.3 eu Pt pIsali sttlmnt licy an th assciat stictins lac

n th palstinian cnmy mak th palstinian Authity (pA)

nnt n funs fm th eU an th fign ns f

aximatly n-thi f its xnitu.92 Th eU is th lagst

donor to the Palestinians: it gave approximately 5 billion between

1994 an 201193, an allcat 525m in 2011 aln94; this s nt

include additional assistance provided by individual member states.

Althugh palstinians a amng th highst caita

ciints f fign ai in th wl, fign funing is unabl t

cmnsat f th aalysing imact f Isali cnstaints n

accss t makts an sucs. Th pA is cuntly facing an

acute scal crisis and protests against the dire economic situation

have spread across the West Bank. At $1.14 billion (0.9 billion),

expected foreign aid this year is not sufcient to cover the PAs

projected $1.5 billion (1.2 billion) budget decit.95 Th euan

Cmmissin cntly annunc nw funing f 100 millin f

th palstinians.96

The PAs scal crisis and its dependency on large amounts of

foreign funding would be signicantly alleviated or even entirely

prevented if the Israeli government lifted its debilitating restrictions

n th palstinian cnmy. A cnt stimat cit by th

World Bank shows that if Israeli barriers to the development of

Palestinian agriculture were removed to allow the cultivation

f nly an aitinal 3.5% f Aa C in th Jan vally, th

Palestinian economy could gain $1bn a year comparable to the

nti annual fign ai bugt t th pA.97

The increased restrictions on the movement ofgoods and people across the Israel/ WBG borders

since the mid-1990s, culminating in the blockade on

Gaza and completion of the Separation Barrier, led to

a decline in exports to less than 15 percent of GDP in

recent years . This is down f rom over half of GDP in

the 1980s, when Palestinians enjoyed mostly free a nd

unhindered trade with Israel.

Intnatinal Mntay Fun90

Very few economies have faced such a

comprehensive array of obstacles to investment

not just of physical impedi ments to movement, but

also comprehensive institutional and administrative

barrie rs. The numerous Isr aeli road blocks,

closed areas, restricted roads, and growing

settlements have cut the Palestinian communities

into isolated canton s, raising tr anspor tation costs

and significantly limiting the ability of Palestinian

enterprises to achieve economies of scale.

Wl Bank91


11/19


cHaPTer 3euroPes econoMiclinks wiTH seTTleMenTs

3.1 Vm ttmtt th th euIt is difcult to determine the exact volume of exports from the

sttlmnts t th eU as th eU s nt cllct saat ta

ata f sttlmnts. Th Isali Ministy f Fign Affais has,

however, recently informed the World Bank that settlement

exports to the EU amount to $300 million per year (230

millin).100 This snts aximatly 2% f ttal Isali

xts t th eU.101

This is lw than th sha f sttl ulatin in th ttal

Isali ulatin (c. 7%) an than th sha f th sttlmnt

cnmy in Isals Gdp, stimat by th oeCd at 3.9%.102

It is likely that if the value of settlement exports to Europe were

ajust t inclu ucts whlly atially uc packed in settlements, the gure would be signicantly higher.

While settlement exports may represent a relatively small

tin f ttal Isali xts, thy still amunt t a

considerable quantity in absolute terms and are of vital

importance for the economic viability of many settlements. Trade

with sttlmnts blsts thi cnmy an cntibuts t thi

mannc an gwth, thby hling t tuat th

assciat imacts n palstinian cmmunitis.

Exports from settlements to the EU also vastly exceed

Palestinian exports to the EU, which have had an average value

of 15 million a year over the past ve years.103 In, using

the gure provided to the World Bank, the value of exports from

illegal settlements to the EU is approximately fteen times the

value of the Palestinian exports.

More than four million Palestinians and over 500,000 Israeli settlers

live in the occupied territory. Therefore, in per capita terms, the EU

imts at last 100 tims m sttl than palstinian.

This is sit th eUs cnmnatins f th illgal sttlmnts

and its signicant nancial support for the economic viability and

development of the Palestinian Authority.

The discrepancy is largely driven by Israels generous incentives for

sttlmnt businsss an th ciling stictins ims n th

palstinian cnmy scib in th cing chat. By imting

vastly more from settlements that are taking advantage of the

occupation than from producers living under the occupation, Europe is

hling ntnch th isciminaty tw-ti systm in th Wst Bank.

3.2 Mt mm ttmtpt ep

at pt

Agicultual ucts gwn in th sttlmnts inclu ats,

grapes, peppers, fresh herbs, cut owers, avocados, citrus fruits,

tmats, aubgins, cucumbs an tats.104

The products are most likely to be found on the shelves of

euan tails uing wint mnths whn thy a ut f

sasn in eu. In mst euan cuntis wh th a

n cla lablling guilins an wh sumakts cntinu

sucing sttlmnt gs, it is usually imssibl f th cnsum

to tell whether fruits and vegetables marked as Israel are from

Isal fm th sttlmnts.

Fsh agicultual uc fm sttlmnts is xt t eu

by Isali cmanis that suc fm bth Isal an fm

sttlmnts. Mhain is cuntly th lagst Isali cmany

exporting fruits and vegetables to the EU and worldwide, followed

by Arava Export Growers. Both companies are known to be active

in th sttlmnts f th Jan vally. Haiklaim is th main Isali

xt f ats, a lag sha f which cms fm sttlmnts.105

Aat fm fsh uc, a numb f Isali wins sl in eu

a ma fm gas gwn in sttlmnts. Accing t th Isali

NGO Who Prots, all of the major Israeli wineries exporting to

Europe have vineyards in the occupied Golan Heights and most in

th Wst Bank.106 F cssing cmanis bas in th Wst

Bank sttlmnts an xting t eu inclu Achut (uc

of Achva halva) and Adanim Tea (herbal teas).107

wh m th ittmt ppt Pttth, th eu tmpt t tm m m thttmt th m th Pt. t, m ep mphv vt ttmt t

tt pv vt thm. Th m hp tht ttmt v th. a mtttmt pt thm M i, mep m ttppt th ttmt tp.

The EU is Israels leading trade partner receiving 20% of total

sraeli exports. The EUs importance may be even higher in the

cas f sttlmnts bcaus f th high tin f fsh

agricultural products in their export. 66% of fruit and vegetables

exported by Israel are sent to the European market, a gure that

can b xct t b simila f fsh uc fm sttlmnts.99

Europe is also the main export market for two signicant

manufacturing companies in the settlements: Ahava (cosmetics)

and SodaStream (home carbonation devices).

230mxpt t th eu m

ttmt;

15 mPt xpt

t th eu

Citrus fruits being sold in a supermarket. Photo: www.freeimageworks.com

op J V:m jt

du t its climat an ich wat sucs, th Jan vally is

th main agicultual gin in th Wst Bank an cul b th

breadbasket of a future Palestinian state. However, Israeli settlers now

control and exploit most of its land and water resources. Settlers have

established modern farms that generate large volumes of produce,

minantly f xt:

The value of agricultural production in the Jordan Valley settlements

is stimat at abut 500 millin shkls (100 millin) ya.108

Th main agicultual ucts inclu ats, gas, s an

fsh hbs.109

M than 80% f ats fm th Jan vally sttlmnts a

gwn f xt.110

Abut 70% f gas uc by th Jan vally sttlmnts

a ict f xt an mak u aximatly half f all gas

xt by Isal.111

Fsh hbs fm th Jan vally sttlmnts a all f xt

an cnstitut abut half f ttal Isali xts f fsh hbs; 80%f thm a xt t eu (mainly Fanc, Switzlan, th

Netherlands and Scandinavian countries).112

While providing most of the agricultural settlement produce exported to

eu, th Jan vally is als an aa wh sttlmnt xansin

has made life particularly difcult for Palestinian communities and

wh th inquitis btwn sttls an palstinians a mst

xtm. Isali sttls mak u 13% f th ulatin f th Jan

Valley but effectively control 86% of its land. Appropriations of land,

demolitions and displacement have accelerated in recent years. The

Israeli government has also discussed a plan to increase the allocation

of land available for cultivation by settlers in the Jordan Valley by 130%

an thi wat allcatin by 20%.113 euan man f sttlmnt

fruits and vegetables is contributing to these developments.


12/19


Mt

Sttlmnts in th Wst Bank uc a ang f inustial

gs, mstly manufactu in us-built inustial zns.

Like the settlements themselves, the industrial zones are a

violation of international law, which prohibits the occupying power

fm cnstucting mannt infastuctu in ccui tity,

unless it is for military use or serves the interests of the occupied

ulatin.114 examls f inustial ucts manufactu in

sttlmnts an sl in eu inclu:

ahv mt:

Ahava Dead Sea Laboratories is a cosmetics company that

ats in th Wst Bank. It manufactus all f its ucts in

Mitz Shalm, an Isali sttlmnt in th ccui Jan vally, n

the shore of the Dead Sea. According to Who Prots, the company also

has a licns t xtact mu fm th ccui aa f th da Sa

n sm f its ucts - a bach f intnatinal law, which hibits

xlitatin f natual sucs f an ccui tity f cmmcial

purposes. Ahava exports a signicant share of its products overseas

ncluing t sm 20 euan cuntis. 115

Ahava made $17 million in prot from exports in 2008. Products of the

company are sold across Europe in branded Ahava stores as well as in

hamacis an tail chains. dsit bing uc in a sttlmnt

n the West Bank, Ahava products are labelled Made in Israel, thus

mislaing cnsums. Abut 45% f th cmanys shas a wn

by two settlements, which means that revenues from the sale of Ahava

products directly support their continued existence and development.116

sstm t v:

SodaStream produces home devices for carbonation of water and

sft inks. SaStam ucts, als knwn un th ban

nam Sa Club, a sl at m than 35,000 sts wlwi

an 68% f sals a in eu.

Still, until Isali cnstaints n palstinians in th Jan vally

are removed, it is unlikely the company will be able to unleash its

full tntial. Th cmanys fams a sa acss lan that

falls in Area C. Given the restrictions and lack of development in

Aa C, th cmany has ha t buil fm th gun u, ftn

withut mits which a almst imssibl t btain. In

to move workers and goods between the farms and to markets,

Nakhl palstin ha t buil its wn agicultual as. Thy

have also had to install their own electrical grid, costing over

$100,000, to power workstations and irrigation systems. The

cmany als facs stictins n builing wahuss, an has

outstanding demolition orders against one of its reservoirs, a well,

a storage facility, a resting house for eld workers and a computer

wk statin. Nakhl palstin has bught th cass

challnging th mlitin s t th Isali Sum Cut.

st Pt t m th J

V: f12316 kilmts nth f th da Sa, Zuhai Al-Manash uns

the largest Palestinian agricultural development project in the

West Bank. Nakheel Palestine for Agricultural Investment is

cultivating date trees on 750 acres around the city of Jericho

in th Jan vally. With 20,000 ts, th th-ya-l

cmany xcts t uc btwn 400 an 600 tns f high

quality Mjl ats f xt this ya.

But this is just a tiny factin f what his Isali cmtits in th

Jordan Valley are currently exporting. With large government

subsidies, Israeli settlers have been able to establish industrial-

scale date farms, and are ooding markets.

In cntast, palstinians in th Jan vally fac stictinsn th us f lan, wat, an n builing, which mans that

cmanis lik Nakhl palstin a nt cmting n a

level playing eld. Without proper methods for storing and

figating, palstinian fams n t sll quickly bf thi

products spoil. Israeli checkpoints and restrictions on moving

gs t makts mak this challnging.

In sit f this, Al-Manash says gwing ats is a statgic

chic t k th palstinian snc an agicultu in th

Jordan Valley alive. Without adequate water, there are few other

crops that Palestinians can cultivate. Whereas settlement farms

a allw t ill nw, wlls, stictins n palstinians

wat us mans that thy a lft with l, shallw wlls with

salinat, backish wat. dats a n f th fw agicultual

ucts that can withstan this lw quality wat. Sinc ats

are mostly sold as semi-dried fruit, they have a longer shelf life

an can withstan th lngthy lays fac by palstinian xt

gs at Isali chckints an in t tminals.

Palestinian investment in dates is the right choice for the Jordan

Valley given the situation we are facing right now, Al-Manasreh

xlains. Th is a lt f agicultual lan in th Jan vally

that has bn abann by palstinian fams bcausthy cant accss wat. Whn lan lays fallw, it can asily b

conscated by settlement farms. Our strategy is not just about

making mny, it is als abut king palstinian uctin

going and giving farmers incentives to grow.

With the goal of providing a solid alternative to employment on

sttlmnt fams, Nakhl palstin cuntly mlys 40 full

tim an 100 sasnal wks. With lans t lant an aitinal

24,000 at ts in th nxt tw yas, Al-Manash xcts t

til its wkfc.

Workers sort dates for export at Nakheel Palestine for Agricultural Investment.

The company Ahava labels their products Made in Israel, despite the fact thatthey are manufactured in a settlement in the occupied Palestinian territory. The postal

Code 86983, shown in tiny characters on the packaging, is the postal code for the

Israeli settlement Mitzpe Shalem by the Dead Sea. Photo: Norwegian Peoples Aid

SodaStream devices are especially popular in Sweden; it is

estimated that one of every ve Swedish households owns a

SodaStream device.117

Th main facty is in th Mish Aummim inustial zn in th

Wst Bank. Mish Aummim is at f Maal Aummim, n f

th lagst sttlmnts statgically lcat ast f Jusalm,

th stablishmnt f which is cnsi n f th lagst

expropriations of private Palestinian land during the occupation.118

SaStam ays taxs t Maal Aummim Municiality; its

revenues are thus directly funding this settlement, which effectively

bifucats th Wst Bank an is cnsi t b a maj bstacl

t any futu ac agmnt.119

Th cmany als has a uctin facility in Isal an

recently has been giving contradictory statements about where

different devices for different markets are manufactured. The

ucts a usually sl aba un th labl Ma in Isal.120

kt pt:

Th Isali cmany Kt plastic is a lag manufactu f inan ut lastic funitu an hushl ucts that ats in

90 cuntis wlwi. Kt an its subsiiay, Liski, at tw

factis in th Bakan inustial zn in th Wst Bank, but it als has a

numb f th factis in Isal an aba. It is uncla which f th

Kt ucts a manufactu in th tw sttlmnt factis.121

oth manufactuing cmanis bas in sttlmnt inustial zns

and exporting to Europe include: Barkan Mounts (television mounts);

oftx (txtil ucts); Sugum (ca lastics); Ti T Tys Sta

(Intsta tys); Twitlast (lastic accssis); an Yani Lcks

(locking mechanisms). Many of these companies deliver components

that a sl n intnatinal makts un iffnt bans.122


13/19


3.3 ivvmt epmp

Byn th ta in sttlmnt gs, sm intnatinal

companies operate in settlements including through the provision

of services and support to associated infrastructure. These

activities include construction of transport infrastructure, provision

of transport services to settlements, delivery of equipment

for checkpoints, provision of security services to settlement

businsss, xtactin f nn-nwabl sucs, an

investment in settlement factories. Below are several prominent

xamls, bas n cnt infmatin fm multil sucs:

G4S, th Bitish-danish multinatinal cmany, has bn

providing, through its Israeli subsidiary, security services and

quimnt t Isali chckints, t isns taining palstinians

from the OPT inside Israel, and to private businesses in settlements.Following civil society pressure, G4S stated that it would end some of

the controversial contracts between 2012 and 2015.127

Alstom, the French multinational company, has been involved

in th light ail jct that cnncts Jusalm with naby

settlements in violation of international law and that started

ating in 2011. In lat 2011, Alstm annunc it wul sll its

stak in th jct cnstium, but has nt yt succ t

so. Alstom also remains involved in ongoing maintenance as the

provider of the train units.128

Veolia, the French multinational company, has also been involved

in th Jusalm light ail jct, incluing thugh a majity

sha in th cmany ating th tains. Fllwing camaigns

and negative publicity Veolia declared it would sell its shares but

thus far has been prevented from doing so by the Jerusalem public

tanstatin authitis with whm it has cntactual bligatins.

Thugh its Isali subsiiais, vlia als has a cntact f

waste collection services from an Israeli army base in the Jordan

vally.129

Heidelberg Cement, th Gman cmnt uc, wns a san

and gravel quarry and two concrete plants in the West Bank,through its Israeli subsidiary Hanson Israel. Quarry activities

carried out for the benet of Israeli industry rather than the

ccui ulatin a cntay t intnatinal law. Hilbg

Cmnt has ti t sll its Wst Bank atins, but s fa

withut succss.130

Some European companies have already ceased their activities

in th Wst Bank in cnt yas aft thy w alt t thi

international law aspects by civil society and, in some cases, also

by their governments:

AssaAbloy, th Swish manufactu f lcks, lcat th

facty f th Isali cmany Mul-T-Lck, wn by AssaAbly,

fm th Bakan inustial zn in th Wst Bank t a sit within

the Green Line. AssaAbloy announced the move in 2008 due to

citicism in a t fm Swish NGos ch by th Swish

government. The company completed the relocation in 2011.131

Deutsche Bahn, th Gman stat-wn ailway cmany,

pulled out of the above-mentioned high-speed railway project

linking Jerusalem and Tel Aviv. This happened in March 2011

after an intervention by the German government. The Minister of

Transport dened the project as problematic for foreign policy and

potentially in violation of international law.132

Unilever, th UK an dutch multinatinal cmany, is in th

process of moving the factory of the Israeli company Beigel &

Beigel, owned by Unilever, from the Barkan zone to Israel proper

in 2012. Beigel & Beigel is a major producer and exporter of

pretzels, crackers and biscuits. The move should be completed by

dcmb 2012.133

Ths xamls shw th ath t fllw f th cmanis still

doing business in the settlements. They also show that governments

can play a constructive role in stopping and preventing companies

involvement in settlements and the occupation.

Businesses that are involved in violations of international law may

fac th isk f lgal actin. Cmanis als incasingly cmmit

t, an hnc a incasingly hl accuntabl t intnatinal

frameworks of corporate social responsibility (CSR) that have

mg in cnt yas. Ths inclu th ruggi Guilins

(Th UN Guiing pincils n Businss an Human rights) an

th oeCd Guilins f Multinatinal entiss. Bth ths

famwks cmmn that cmanis assss th human

ights imact f thi atins (incluing tntial bachs

f intnatinal humanitaian law) as at f thi CSr licis.

They advise businesses to avoid adverse human rights impactsconnected to their operations, even if they do not contribute

ictly t ths imacts. Ths famwks als qui

governments to provide effective guidance to companies.134

The trade and investment linkages between Europe and settlements

support the latters economic viability and further growth. If European

governments are serious about their commitment to international law

and Middle East peace, they need to urgently move beyond rhetoric

an tackl ths cnmic linkags.

dt m th J V

dats fm th ccui Jan vally a n f th mst

minnt agicultual sttlmnt ucts, an can b fun n

supermarket shelves across the world.

M than 80% f ats fm th Jan vally sttlmnts a

gwn f xt.124 In 2011, glbal Isali at xts ach

25,000 tns, f which 12,000 w uc in th Jan vally

sttlmnts. Many f ths a th ula Mjl ats. Isal

produces over 50% of the worlds Mejdool dates, half of which

a gwn in th Jan vally sttlmnts.125

In contrast to the volumes of dates from Israeli settlements,

palstinians uc sm 2,500 tns f ats in th ccui

tity, f which abut 300 tns a xt, mst f thm

t th Gulf stats.126

Th main Isali xt f ats is th cmany Haiklaim.

Haiklaim aas t mak all ats as Isali uc, making it

difcult for the consumer to distinguish between dates from Israel

an fm th ccui Jan vally.

Dates on sale in the Netherlands. The label reads West Bank which leaves theconsumer unclear whether the fruits are from Israeli settlements or from Palestinian

producers. After enquiry, the seller explained the dates were from Tomer settlement

in the Jordan Valley. Photo: Willemijn Leenhouts / Cordaid

Palestinians harvesting dates in Tomer settlement, Jordan Valley.Photo: Jean-Patrick Perrin


14/19


15/19


4.3 d pvt t th ttmt

Intnatinal famwks f cat scial snsibility (CSr)

provide a basis for possible more comprehensive government

masus than cct lablling f sttlmnt ucts. CSr

guilins incluing th UN Guiing p incils n Businss

an Human rights an th oeCd Guilins f Multinatinal

Enterprises require governments to provide effective guidance

t cmanis n hw t sct human ights thughut thi

atins (s chat 3.3).

Governments could encourage importers and other businesses,

by means of formal advice, to refrain from any economic dealings

with sttlmnts incluing uchasing f sttlmnt gs an

investment in settlements. An existing example is the Norwegian

governments position on Western Sahara that discourages trade,

investment, resource-extraction and other forms of commercial

activity in that territory.156

Such government initiatives could build on steps already taken

by the private sector in some cases. In Norway, two of the main

importers of fruit and vegetables, BAMA and Coop, have written

agmnts with thi sulis in Isal stating that fuit an

vegetables produced in settlements shall not be supplied to them. In

March 2012, the VITA chain, which was the main retailer of Ahava

csmtics ucts in Nway, annunc it wul st all sals f

settlement products, citing Norways ofcial position on the illegality

of settlements, and encouraged Ahava to relocate its factory to Israel

. Whil sttlmnt ucts a still bing sl by th sts

in Nway, th xtnt f Nways ta with sttlmnts has bn

reduced as a result of these private sector steps.157

Similarly, as mentioned, most UK food retailers appear to have

st slling wn-ban sttlmnt uc fllwing th

publication of the labelling guidelines by the government. Large

tails claim thy a abl t us thi tacability mchanisms t

conrm that goods are not sourced from settlements.

The UK Co-operative Group went a step further and ended

all ta with sulis that suc uc fm bth Isali

sttlmnts an Isal itslf, citing th csts f tacing an auiting

all thi uc t nsu th xclusin f sttlmnt gs. Th

C- cancll its cntacts (wth 350,000) with fu f its

Israeli suppliers (Agrexco, Mehadrin, Arava, and Adafresh) that

a knwn t suc uc fm sttlmnts but mhasis

thy wul cntinu t us sulis fm insi Isal that nt

suc fm sttlmnts.158

4.4 b mpt ttmtpt

Whil th intuctin f lablling guilins wul nabl

cnsums t chs whth thy wish t buy sttlmnt gs

or not, it may not be sufcient to meet European governments

obligation to exert their inuence, to the degree possible, to stop

violations of international humanitarian law.159

pmitting ta with sttlmnts at all aas incnsistnt with

European governments recognition of their illegality and the

fact that all uctin an manufactuing within th sttlmnts

involves further breaches of international law. Under Article 215 of

the EU Treaty the EU could adopt restrictive measures to ban the

imt f sttlmnt ucts.

Th Iish Fign Minist has alay call f an eU-wi

ban n imts fm sttlmnts160, but in the interim, individual

governments could implement such an import ban unilaterally.

The European Commission has conrmed a member state can

unilatally at masus t stict ta if n th basis f

rgulatin 260/2009 it can justify its actin n guns f ublic

mality, ublic licy ublic scuity an in ing s it s

nt infing eC law.161 Jams Cawfs lgal inin (s

chapter 1.2) argues that an individual member state could lawfully

ban ta with sttlmnts an that such a masu wul nt

bach Wl Ta oganisatin gulatins.

A ban n th imt f Isali sttlmnt gs is nt a ban

byctt n ta with Isal, which th signatis t this t

not advocate.

4.5 ex ttmt mmt pt -tmt th iAs in the case of the Technical Arrangement discussed above,

Isal xtns th titial sc f its agmnts with th eU

t inclu th sttlmnts, which it tats as an intgal at f

its tity in accanc with its mstic law. Th eU, which

s nt cgnis sttlmnts as at f Isal, is bligat by

its wn law t stict th titial sc f its agmnts an

catin instumnts t Isal within its -1967 bs.

However, several examples show the EUs efforts to ensure that

a still falling sht f what is ncssay:

Un th eUs research and development funding programme

FP7 for 2007-2013, EU public funds worth 1.13m have been

awarded for research carried out by the Ahava cosmetics company

in a facty bas in an illgal sttlmnt.162 Un th sam

gamm, th eU has als cntibut 114,400 t th Isali

Antiquitis Authity bas in illgally annx east Jusalm.163 In

allowing its public funds to support activities in settlements, the EU

risks breaching its duty not to aid and assist violations of international

humanitaian law.

Th nw Agreement on Conformity Assessment and Acceptance

of Industrial Products (ACAA) that facilitats eU-Isal ta in

inustial ucts s nt inclu an aquat titial claus t

restrict its application to Israel proper. The agreement was ratied

by th euan paliamnt in octb 2012.164 Unlss Isal

itslf fmally limits th alicatin f ACAA t Isal , th

agmnts imlmntatin will la th eU t fmally cgnis

Israeli authorities jurisdiction over the settlements. Implementing

ACAA withut btaining such a bining titial limitatin fm

Isal wul thus bach xisting eU an intnatinal law an st a

angus cnt.

Th EU-Israel civil aviation agreementsign in July 2012 als has

a very weak territorial clause that entitles Israel to apply its provisions

byn th Gn Lin.165

The problem can be solved if EU and national bilateral agreements

with Israel include clear territorial provisions that explicitly restrict

thi alicatin t Isal , galss f Isali mstic law.

Similarly, regulations for cooperation programmes would have to

cntain lgal safguas that xclu aticiatin f ntitis bas

ating in sttlmnts.

In cas f th Fp7 gamm, th euan Cmmissin amitt

the regulations did not prevent settlement entities from participating

and tried to lter out ineligible entities using the list of settlement

stcs. Aat fm imsing an aitinal buaucatic bun

n th Cmmissin, this aach s nt xclu ntitis such

as the Ahava company that operates wholly in a settlement but

uss a gistatin ass within Isal. Th succss t th Fp7

gamm, Hizn 2020, ffs an tunity t inclu a cla

legal safeguard to prevent the problem from re-occurring. The draft

gulatin cuntly un iscussin in th euan paliamnt s

not contain an adequate provision.

As this chat has shwn, th a still many gas btwn

European governments declaratory positions on settlements and their

actic. Yt, th awanss f th n t ctify ths incnsistncis

is growing. The nal chapter proposes concrete measures to bring the

euan licis cls in lin with thi htic.

cm ptt ttmt

eU cnsum tctin lgislatin, incluing th eU Unfai

Commercial Practices Directive (UCPD), gives consumers

th ight t th infmatin thy qui t xcis chic.149

UCpd has bn tanss int natinal lgislatin in all eU

member states and its relevance to settlement products has

been conrmed by the European Commission150 an ths151.

Th Fign Affais Cuncil in May 2012 call f mmb

states to fully and effectively implement European legislation

alicabl t sttlmnt ucts.

UCPD prohibits the provision of false, deceptive or potentially

misleading information where it can cause the average

consumer to make a choice he or she would not have made

otherwise. Similarly, the Directive prohibits the omission of

material information which the average consumer needs to

mak an infm chic.

Wh a uct fm a sttlmnt is labll as puct f

Isal, this is a cas f mislaing infmatin hibit un

the Directive, given that settlements are not part of the territory

f Isal un intnatinal law.

Wh a sttlmnt uct is labll puct f th Wst

Bank, this t can b cnsi mislaing infmatin an a

breach of the Directive.152 Althugh th sttlmnts a factually

located in the West Bank, it can be argued that the average,

asnably wll-infm cnsum ns t b abl t

istinguish btwn ucts lgitimatly ma by palstinian

producers living under occupation and products of Israeli illegal

settlements taking advantage of the occupation, so that the

cnsum can mak an infm cisin n thical guns.

UCpd is sulmnt by m tail gulatins lating

t f ucts. F fsh uc, inicatin f th cunty

f igin - in a way which s nt misla th cnsum - is

manaty.153 F th f itms, bas n a nw gulatin

that must b ali fm 2014, infmatin n th cunty forigin or place of provenance must not be misleading, and is

qui wh its absnc is likly t misla cnsums.154

As far as cosmetic products are concerned which is relevant

for the case of Ahava products made in a settlement - a new

eU csmtics gulatin that must b ali fm 2013 will

mak igin lablling f csmtics cmulsy acss th eU.155


16/19

TrAdING AWAY peACe: Hw eu hls sustain illgal Isali sttlmnts30 TrAdING AWAY peACe: Hw eu hls sustain illgal Isali sttlmnts 31

cHaPTer 5recoMMendedMeasuresor euroPeangoVernMenTsand THe eu

a t th tt pt thtttmt tt p ep vmt th eu mt pt t mt th p t t t ppt thmt xp ttmt. btht vmt th eu hv m m t thp.

Th m tt ttmt, t i. apt thm tv -mph th p-1967 g l tht ttmt xp tht t mpt th vt th eu-pmt t-tt t.it tt thttt ph.

s mpt ttmtpt

1. Ensure correct consumer labelling of all settlement

products:As a minimum masu in lin with xisting

consumer protection legislation, European governments must

issu guilins t nsu all sttlmnt ucts (incluing

manufactu gs) a accuatly labll s that cnsums

a awa f thi tu igin an can mak an infm chic.

Sttlmnt ucts shul b labll as, f xaml, Wst

Bank (Isali sttlmnts) t claly istinguish thm fm bth

ucts ma in Isal an palstinian ucts. Th euan

Commission should also provide EU-wide guidance for correct

lablling f sttlmnt ucts t nsu hamnisatin.

2. Discourage companies from trading with and investing

in settlements: As a more comprehensive measure than

correct consumer labelling, national governments should issue

formal advice to importers and other businesses to refrain from

purchasing settlement goods and to avoid all other commercial

and investment links with settlements. OECD Guidelines for

Multinatinal entiss an th UN Guiing pincils n

Business and Human Rights can be used as the relevant

international framework. Companies involved in settlement-related

economic activities should be called to account. The Norwegian

governments position on Western Sahara that discourages trade,

investment, resource-extraction and other forms of commercial

activity in that territory can serve as an example.166

3. Ban imports of settlement products:As a futh-aching

measure, governments could legally exclude settlement

ucts fm nty t th eU makt. Ta in ucts f illgal

sttlmnts is incnsistnt with eU fign licy an, at last in

cases of products involving the use of non-renewable resources

such as wat minals, may ictly ai assist nging

breaches of international law. The Irish government has called for

an eU-wi ban n imts fm sttlmnts167, but in th intim,

national governments can implement such a measure. A ban

n th imt f Isali sttlmnt gs is nt a ban byctt

n ta with Isal, which th signatis t this t nt

advocate.

ex ttmt m eu t t th i

4. Ensure settlement products do not benet from

preferential market access: In cmlmntaity with thabove measures on sales and imports, the EU and EFTA must

revise the Technical Arrangement with Israel to guarantee all

settlement products are effectively excluded from preferential

tatmnt. In t nsu that, an t ly imlmnt

eUs wn gulatins, eu must insist Isali xts stat

cctly signating th igin f sttlmnt ucts, an cas

signating thm as Isal.

5. Exclude settlements from bilateral agreements and

cooperation instruments: The EU and national governments

must ensure agreements and cooperation instruments involving

Isal cannt b ali t sttlmnts:

All agmnts with Isal must inclu cla titial

provisions that explicitly restrict their application to Israel proper,

regardless of Israeli domestic law. The EUs newly ratied ACAA

agmnt170, which s nt cntain an aquat titial

claus, shul nly b imlmnt if Isal itslf fmally limits

its alicatin t Isal .

rgulatins f catin gamms, incluing th eU-

fun sach gamm Hizn2020 cuntly un

iscussin, must inclu lgal safguas that xclu

aticiatin f ntitis bas ating in sttlmnts.

National governments must apply the same provisions and

safguas in thi bilatal latins with Isal.

6. Exclude settlement products and companies from public

procurement: In tning f ublic cntacts, such as cating

services or equipment supplies, EU institutions, governments,

an stat-fun bis shul scify that n sttlmnt

products or services may be supplied under the contract and

that cmanis ating in sttlmnts a xclu.171 This

must b n bf Isal is allw incas accss t ublic

procurement markets in the EU, as currently envisaged under the

eU-Isal Actin plan.

ttt ttmt

7. Remove organisations funding settlements from tax

deduction systems: National governments must ensure that gifts

to organisations that provide funds to Israeli settlements are not

tax-deductible. The Norwegian governments decision in September

2012 t xclu th Kaml-instituttt, a Nwgian ganisatin

that has cllct natins f Isali sttlmnts, fm its list

of organisations eligible for tax deductible gifts, can serve as a

ml.172

8. Prevent nancial transactions supporting settlements

and related activities:As a more comprehensive measure and

as cmmn by th eUs Has f Missins in th opT,

governments should apply restrictive measures to all nancial

tansactins fm thi citizns, ganisatins an businsss in

support of settlement activities breaching international law.173 In th

absnc f cmmn eU actin, such masus can b imlmnt

by national governments.

oth m9. Discourage citizens from buying property in settlements:

National governments must issue formal advice to citizens not

t buy ty in sttlmnts, alting thm t th illgality f

sttlmnts, th ubtful lgal titl f mst sttlmnt tis an

their uncertain future if a Palestinian state is established. Several EU

member states have already issued such advice, but it should be

stngthn an imlmnt by all mmb stats.

10. Issue guidelines for European tour operators:As

cmmn by th eUs Has f Missins in th opT, natinal

governments must compile guidelines for tour operators to prevent

sut f sttlmnt businsss, incluing htls, bus ats,

achalgical sits, tc.174

11. Draw up a list of companies mis-stating the origin of

settlement goods:As qust by th euan paliamnt, th

euan Cmmissin shul aw u a list f cmanis xting

sttlmnt ucts, which sist in mis-stating th nn-fntial

igin f ths gs as Isal. This masu wul b cmlmntay

to the revision of the Technical Arrangement (no. 4 above).175

12. Insist that Israel disaggregates settlement data for the

OECD: European governments and other OECD members must

require that statistical data provided by Israel always distinguishes

between Israel proper and the settlements, in order to avoid

validating an internationally unlawful situation. During its accession

to the OECD in 2010, Israel had to commit to provide disaggregated

statistics when required to do so. Since then, however, the OECD

has fail t qust Isal t s.

We consider it necessary that the EU bring an end

to the import of settlement products which are, in

contradiction w ith EU labeling regulations, marketed

as originating in Israel.

Javier Solana, Richard von Weizscker, Helmut Schmidt, Romano

pi, Fli Gnzals, Linl Jsin an 20 th fm

euan las168

Contrary to what you may think, EU member states

which take these measures act in Israels interest.

They do so because they take steps that defend and

reinforc e the Green Line .

Avraham Burg, former Speaker of the Knesset and Chairman of

th Jwish Agncy an th Wl Zinist oganizatin, xssing

support for the British and Danish moves on settlement products.169


17/19


endnoTes

1 Cuncil f th euan Unin (eU), Cuncil Cnclusins n th Mileast pac pcss (8 dcmb 2009): .

2 BTslm, By hk an by ck - Isali Sttlmnt plicy in th WstBank (July 2010): .

3 Th rights Fum, exansin f Isali Sttlmnts exansin Mnit,octb 2010 octb 2012 (19 octb 2012).

4 United Nations Ofce for the Coordination of Humanitarian Affairs (UNoCHA), dmlitins an Fc dislacmnt in th occui WstBank (Januay 2012): .

5 UN OCHA, West Bank Movement and Access Update (September 2012):.

6 palstinian Ministy f Natinal ecnmy an th Ali rsach Institut- Jusalm (

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