Myths and Facts About Jewish Settlements

- MYTH -
The Oslo Accords prohibit the expansion of Jewish settlements in Judea, Samaria and Gaza.

- FACT -
Neither the Declaration of Principles (DOP) of September 13, 1993 nor the Interim Agreement ("Oslo 2") of September 28, 1995 contains any provisions prohibiting or restricting the establishment or expansion of Jewish communities in Judea, Samaria and Gaza.

When he presented the Oslo 2 accords before the Knesset on October 5, 1995, the late Prime Minister Yitzhak Rabin stated, "I wish to remind you, we made a commitment, meaning we reached an agreement, we made a commitment to the Knesset not to uproot any settlement in the framework of the Interim Agreement, nor to freeze construction and natural growth."

Under Article XXXI(5) of Oslo 2, the issue of Jewish settlements is to be addressed in the final status negotiations. According to an internal Israel Foreign Ministry legal analysis prepared on March 18, 1996 by Joel Singer, the Foreign Ministry Legal Advisor under the Labor Government, Israel rejected Palestinian attempts to bar new Jewish settlements in the context of the Oslo process. According to Singer, "In the course of the negotiations on the DOP, the representatives of the PLO tried to obtain a clause prohibiting Israel from establishing new settlements. Israel rejected this demand." Thus, Yasser Arafat agreed to the Oslo Accords despite the fact that he failed to achieve a halt in settlement activity in the interim period.

- MYTH -
The expansion of Jewish settlements is an obstacle to peace.

- FACT -
Under the previous Labor government, the Jewish population of the West Bank and Gaza grew by approximately 50%, from 96,158 in June 1992 to 145,000 in June 1996. This rapid growth occurred concurrently with the signing of the September 1993 Oslo Accords and the September 1995 Oslo 2 Accords and did not forestall progress in the peace process.

As the late Prime Minister Yitzhak Rabin said, "I am not ready for there to be a law in Israel to forbid building houses in existing settlements, or a kindergarten or a cultural center in a place where people live today." (AP, January 10, 1995) Former Prime Minister Shimon Peres also stated, "Building which is necessary for normal life, like schools, private apartments, we are not going to stop." (Jewish Telegraphic Agency, January 25, 1995)

- MYTH -
Israel confiscates land to build settlements.

- FACT -
As a matter of policy, Israel does not requisition private land for the establishment of Jewish communities in Judea, Samaria and Gaza. Housing construction is allowed only on public land after an exhaustive investigation has confirmed that no private rights exist regarding the land in question.

Jewish Communities in Judea, Samaria and Gaza

A Commitment to Continued Natural Growth
Israel is committed to safeguarding the Jewish communities of Judea, Samaria and Gaza and ensuring their continued natural growth and development.

Under the previous government, the Jewish population of Judea, Samaria and Gaza grew by approximately 50%. As the late Prime Minister Yitzhak Rabin said, "I am not ready for there to be a law in Israel to forbid building houses in existing settlements, or a kindergarten or a cultural center in a place where people live today." (Associated Press, January 10, 1995) Former Prime Minister Shimon Peres also stated, "Building which is necessary for normal life, like schools, private apartments, we are not going to stop." (Jewish Telegraphic Agency, January 25, 1995)

Consistent With Oslo
Israel’s policy is fully consistent with the terms of the Oslo Accords.

Neither the Declaration of Principles of September 13, 1993 nor the Interim Agreement ("Oslo 2") of September 28, 1995 contains any provisions prohibiting or restricting the establishment or expansion of Jewish communities in Judea, Samaria and Gaza.

When he presented the Oslo 2 accords before the Knesset on October 5, 1995, the late Prime Minister Yitzhak Rabin stated, "I wish to remind you, we made a commitment, meaning we reached an agreement, we made a commitment to the Knesset not to uproot any settlement in the framework of the Interim Agreement, nor to freeze construction and natural growth."

While there is a clause in the accords which prohibits changing the status of the territories, it was intended to ensure only that neither side would take unilateral measures to alter the legal status of the areas (such as annexation or declaration of statehood).

No Current Plans for New Communities
While Israel retains the right to establish new Jewish communities in Judea, Samaria and Gaza, there are currently no plans for the creation of such communities. Any such plans require approval of the Prime Minister and the cabinet.

No Requisition of Private Land
As a matter of policy, Israel does not requisition private land for the establishment of Jewish communities in Judea, Samaria and Gaza. Housing construction is allowed only on public land after an exhaustive investigation has confirmed that no private rights exist regarding the land in question.

Current government decisions restrict building to within the municipal boundaries of existing communities.

The Right of Jews to Live in Judea, Samaria and Gaza
Jews have a historical, moral and legal right to live in Judea, Samaria and Gaza.

The Historical Right
The Jewish communities of Judea, Samaria and Gaza signify the return of the Jewish people to their ancestral homeland.

Since the dawn of Jewish history, Jews have resided in Judea, Samaria and Gaza. It is unthinkable that Jews would not be able to live in areas which are the cradle of Jewish civilization, religion and culture.

The Moral Right
Jews have the right to live wherever they may choose. The assertion that Jews should not be allowed to live in a certain area because they are Jews smacks of racism and segregation.

The Legal Right
The legal right of Jews to reside in Judea, Samaria and Gaza was given its first modern expression in the 1922 League of Nations Mandate for Palestine. Article 6 of the Mandate required the mandatory power to encourage "close settlement by Jews on the land."

The legal right of Jews remains in force today. As the internationally-recognized legal expert and former US Undersecretary of State Eugene V. Rostow has written, "The right of the Jewish people to settle in Palestine has never been terminated for the West Bank…" (American Journal of International Law, Vol. 84, July 1990, p.718)

Some have argued that Jewish communities in the areas violate Article 49 of the 1949 Fourth Geneva Convention, which provides that, "The occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies." The Convention, however, is not applicable to Judea, Samaria and Gaza. Yet even if it were applicable, Article 49 would not be relevant. Drafted four years after the end of World War II, it was intended to prevent forced transfers of civilians such as those which took place in Czechoslovakia, Hungary and Poland before and during the war. Thus it has no bearing on Jewish communities in Judea, Samaria and Gaza.

Government's Decision on Settlements

Restoring Parity
The Government of Israel's decision on 13 December 1996 to restore National Priority A status to the Jewish communities of Judea and Samaria put an end to four years of social and economic discrimination.

The Government's decision is intended to reinstate social and economic parity between the Jewish communities and other developing areas of the country. Thus, for example, educators travelling to teach children in Jewish communities in Judea and Samaria will once again be subsidized by the government, as they were prior to 1992. These communities will now enjoy the same benefits as do those in the Jordan Valley, the Golan, the Gaza District and parts of the Negev and Galilee.

Consistent With Oslo
The Government's decision is fully consistent with the agreements signed by Israel and the Palestinians. Neither the Declaration of Principles of 13 September 1993 nor the Interim Agreement ("Oslo 2") of 28 September 1995 contains any provisions prohibiting or restricting the establishment or expansion of Jewish communities in Judea, Samaria and Gaza.

Indeed, when he presented the Oslo 2 accords before the Knesset on 5 October 1995, the late Prime Minister Yitzhak Rabin stated, "I wish to remind you, we made a commitment, meaning we reached an agreement, we made a commitment to the Knesset not to uproot any settlement in the framework of the Interim Agreement, nor to freeze construction and natural growth."

While there is a clause in the accords which prohibits changing the status of the territories, it was intended to ensure only that neither side would take unilateral measures to alter the legal status of the areas (such as annexation or declaration of statehood).

No Change in Land Policy
The government decision does not call for the establishment of new settlements, nor does it affect Israel's strict policy not to requisition private land for the establishment of settlements. Housing construction is allowed only on public land after an exhaustive investigation has confirmed that no private rights exist regarding the land in question.

Sending a Message to Terrorists
Jewish communities have flourished in Judea, Samaria and Gaza for thousands of years. The aim of terrorists is to instill fear among the residents of these communities and uproot them. The Government means to ensure that the terrorists will not achieve their goal.

Provided by the Government Press Office

Construction at Har Homa

Construction for Jews and Arabs in Jerusalem
Prime Minister Netanyahu believes that the building of homes for Jewish and Arab residents alike is essential for the continued development of Jerusalem. Construction plans for 3,015 housing units in 10 Arab neighborhoods of Jerusalem will be implemented simultaneously with the Har Homa project.

Most Expropriated Land was Jewish-Owned
To implement the Har Homa construction project, it was necessary in past years to expropriate land, most of it Jewish-owned. Approximately 1,400 of the 1,850 dunams at the site, or 75%, were expropriated from Jews, while nearly 450 dunams, or 25%, were owned by Arabs. No new expropriations are necessary to implement the building project at Har Homa.

Eases Jerusalem’s Housing Shortage
The building project at Har Homa is slated to take place in two stages and will ultimately include 6,500 housing units, as well as schools, parks, public buildings, and commercial and industrial zones. In the first stage, 2,456 housing units will be built.

The Har Homa project will ease the housing shortage in Jerusalem and provide residents with a wider array of housing options.

Located Within Jerusalem’s Municipal Boundaries
Har Homa is located in the southern part of Jerusalem near Kibbutz Ramat Rachel and Gilo. The 1,850 dunam site is fully within Jerusalem’s municipal boundaries and is currently uninhabited.

Approved by the High Court of Justice
The High Court of Justice rejected appeals by both Jewish and Arab landowners and approved the expropriations. The expropriations were undertaken on the basis of the fundamental common law principle of eminent domain, allowing governments to expropriate land from private owners for public use. In a decision issued on December 22, 1994, the Court concluded, "There is no other option for constructing the neighborhood other than expropriating the land, and building the neighborhood as planned by the state."

As the late Prime Minister Yitzhak Rabin said in the Knesset on May 15, 1995, "Building Jerusalem, like any other city, sometimes requires confiscating land both for construction needs and for public needs, like roads, schools, kindergartens, and community facilities. It has always been this way in Israel."

Consistent With Oslo
Despite Palestinian claims to the contrary, Israel’s policy is fully consistent with the terms of the Oslo Accords.

Neither the Declaration of Principles of September 13, 1993 nor the Interim Agreement ("Oslo 2") of September 28, 1995 contains any provisions prohibiting or restricting Israel’s right to undertake construction projects in areas under Israel’s jurisdiction.