The Jerusalem Post

Have two ministers annexed Area C of the West Bank?

- • By TOVAH LAZAROFF

Meretz leader Zehava GalOn on Wednesday accused two ministers of attempting to annex Area C by erasing the Green Line, saying such a move would create a situation of “apartheid-plus.”

Speaking on Army Radio, Gal-On called their move a “cheap gimmick” and form of legislativ­e protest because the ministers understand that it is not possible to achieve their agenda.

Justice Minister Ayelet Shaked and Tourism Minister Yariv Levin have instructed all ministers that as of June 1, the Ministeria­l Legislativ­e Committee will only debate government-sponsored bills that provide an option for residents of Judea and Samaria.

This may be a loophole to apply the bulk of new Israeli laws to Area C of the West Bank without formally annexing the region to sovereign Israel.

“We’re trying to change the legislativ­e reality in the Knesset,” Shaked (Bayit Yehudi) told parliament­arians in the House Committee on Tuesday, which held a special debate to mark the 50th anniversar­y of the Six Day War.

Such options could be through legislatio­n, military edicts or other provisions, said Shaked, who called on all parliament­arians to provide such an option when filing bills.

Her spokeswoma­n later told The Jerusalem Post that because Shaked chairs the legislativ­e committee she has the authority to take such a step with regard to ministers.

Tuesday’s discussion in the House Committee centered on how to provide legal equity for more than 400,000 Israelis living in West Bank settlement­s given that they live in a region of the country that is under Israeli military and civilian rule.

The Knesset’s legislativ­e authority excludes Area C of the West Bank on the understand­ing that the full applicatio­n of Israeli law to that region would be considered annexation.

Settlers are subject only to Israeli private laws that are not territoria­lly bound, such as education, health benefits, taxation and army service. They are excluded from many laws such as related to constructi­on, land sales, environmen­t and labor.

It is presumed that correspond­ing military laws are created to mirror Knesset legislatio­n. In practice, however, the process does not keep pace with new legislatio­n and correspond­ing military edicts are issued for only a fraction of new laws.

Shaked and Levin know the Knesset can’t legislate for Area C, said Gal-On, adding that the legal options the two ministers want to create would be applicable only to the settlers, and not the Palestinia­ns in Area C, thereby distinguis­hing between the two groups. Laws cannot selectivel­y apply only to Jews in the area, she said.

In the Knesset on Tuesday, Levin said he would like to see this new initiative pass into law so it would be applicable to all bills in the Knesset.

Those who support Judea and Samaria have waited very patiently for 50 years to receive equitable treatment under Israeli law. The time has come to change perspectiv­e with regard to how they are treated, said Levin. Instead of presuming the settlers are outside Israeli law, it should be presumed that the law applies to them, he added.

Operating from this presumptio­n will end much of the legal inequity they experience, he said.

“The best solution is to apply sovereignt­y [over Area C],” Levin said as he explained that he and Shaked were not trying to apply sovereignt­y with the new legislativ­e requiremen­t.

“We are not seeking annexation,” he said. “We want justice for the residents of Judea and Samaria. If there are those who are accusing us of creeping annexation, we would not argue with that.”

Shaked said she had conducted a quick survey and found that only four laws had been adapted or applied to Israelis in the settlement­s since the new government was sworn in, adding that the residents of Judea and Samaria deserve the same rights as the rest of Israel’s citizens.

She and Levin called on all parliament­arians to ensure that the legislatio­n they proposed would also have a provision for the settlers.

MK Bezalel Smotrich said right-wing parliament­arians should refuse to vote for bills that lacked that provision and thereby stymie all legislatio­n that differenti­ated between settlers and residents of sovereign Israel.

Levin said he wants to see the Civil Administra­tion – which is the military’s governing body in Area C – to be replaced by government official connected to the different ministries.

Legal expert Meir Rubin said it was an incorrect assumption that the Knesset could not legislate for the West Bank, indicating that the Knesset can legislate for the West Bank because the territory had been legally linked to sovereign Israel during the time of British-mandate Palestinia­n.

But Knesset legal adviser Eyal Yinon said the historical Israeli legal interpreta­tion had been that the Knesset cannot legislate for the West Bank,

The entire structure of how laws are applied are based on that understand­ing, he said, pointing out that the High Court of Justice would soon give its opinion on that issue because of the pending petition before it regarding the Settlement­s Law.

In February, the Knesset legislated for Area C, passing a law that retroactiv­ely legalized Israeli homes on private Palestinia­n land while offering compensati­on to the Palestinia­n landowners.

 ?? (Ammar Awad/Reuters) ?? A GENERAL view of Ma’aleh Adumim.
(Ammar Awad/Reuters) A GENERAL view of Ma’aleh Adumim.

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