“MIGRON in the spotlight”
Six months ago, Justice Beinisch ruled regarding other settlement disputes “all land not specifically designated as “state land” would henceforth be considered “private [Palestinian] land.”. This decision is now impacting many settlements. Ted Belman
By Arlene Kushner
My readers have heard from me about Mitzpe Avichai, and now it is time to turn our attention to Migron — which presents some very serious issues. You will learn things here that it is unlikely you’ve heard from your mainstream media sources.
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Migron is a Jewish community on a hilltop in the Binyamin Regional Council in Samaria, north of Jerusalem. With 49 families, it is the largest of the communities that are frequently referred to as ”unauthorized settlements.”
Source: Indynewsisrael
In order to properly understand the situation of this community, we will need a bit of background, which has been provided by a resident of Migron who serves as a spokesperson:
In 1960, the king of Jordan divided the area where Migron is now located into some 60 plots and gave them to individual families. It was, however, with the proviso that they begin farming within three years, or the land would revert back to the kingdom. No farming was done, not for three years and not for seven years — which is when the land came under Israeli control.
Land that reverted back to the kingdom should have become Israeli state land. This should have been the end of the story. (As I understand it, to ensure there would be no problem, the Jews who came to establish Migron purchased the land in any event.)
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In 1999, establishment of Migron began with the set-up of the first caravans. The very first residents were actually part of an archeological expedition in the area, which, it should be noted, provided evidence — including a winepress — of an exclusively Jewish presence.
The community, as it grew, worked with a host of government ministries that provided support for phone lines, electricity, water, staff of day care and nursery schools and more.
In point of fact, the government saw a need for a Jewish community in this location for security reasons. A by-pass road had been established at the foot of the hill on which Migron is situated so that Jews would be able to travel — via route 60 — while avoiding entry into Ramallah. It was understood that without Jews on this hill, Jews traveling the road below would be at risk. (It is certain that Arabs would be up there, if Jews were not.)
Additionally, from the height of that location Jews are able to overlook the north of Jerusalem and communities situated between Migron and the Dead Sea.
But, for all the sanction the government gave to the establishment of this community, what was missing was the final authorization from the Ministry of Defense. From mid-1999, and for two years subsequent, Ehud Barak was Defense Minister, and so it is possible that he was the one who would have had to sign off on this. (What a surprise!) Or, as these approvals take time, perhaps the very leftist Binyamin Ben-Eliezer, who followed him.
This is a common story. It feels rather schizoid — with one hand not knowing, or approving, what the other is doing. This is a function of the nature of the administration of Jewish communities beyond the Green Line. Were civil law to be applied, the Ministry of Defense would not be involved.
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In 2006, Peace Now got into the act, going to the High Court and claiming that the land Migron was situated on belonged to Arabs. Ostensibly, Peace Now spoke on behalf of a group of Arab plaintiffs, who were from local villages. Residents of Migron observed that these plaintiffs, who seemed to have been drafted by Peace Now, were “without a clue.”
Migron residents, I have been told, have never had a problem with their Arab neighbors, and it seemed to them more than a bit strange that, if the Arab plaintiffs knew that Jews were occupying their land, they would have waited the seven years since Migron had been established before registering a claim.
My Migron source tells me that various documents were provided to the Court that were never taken into consideration. With various legal delays, it was not determined until early last year that Migron was to be demolished by the end of March 2012.
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In the meantime, the Arabs who were claiming that Migron was on their land brought a suit into the Jerusalem Magistrates Court, demanding that the State provide them with compensation for the years in which they were deprived of their land. (Never mind that in the years before Migron was established they had not in any way utilized this land.) But this court demanded of the plaintiffs that they provide proof of ownership of the land and gave them a deadline, which recently expired.
Just last week, the Jerusalem Magistrates Court ruled that the plaintiffs, as they could not provide proof of land ownership, had to pay compensation to the residents of Migron for their trouble and were forbidden from bringing further lawsuits on this issue.
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Now, I asked myself, if the Arab plaintiffs that Peace Now was representing could not prove their right to the land of Migron, why is it that the High Court order to demolish Migron stands.
Today I posed that question to a representative of the Legal Forum of the Land of Israel. The answer is stunning:
This issue, I was told, is political, not legal. For the Court did not rule that the government had to demolish Migron. The government volunteered to do it. Let me repeat this: The government volunteered to do it.
What happened is that the Court turned to the government and said, these claims are being made against Migron, how are you going to handle this? And the answer from the government was, we’ll demolish Migron by March 31, 2012.
The government said this? Even though government ministries had helped to establish Migron and there was clear recognition on the part of the government that putting a Jewish community on that hill was a wise thing to do from a security perspective?
So I have been advised.
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If you are totally confused, it is understandable. But I believe I can explain what’s happening here.
It is exceedingly unlikely that the government would have taken action against Migron if not for the petition of Peace Now, which acts as the “impetus” in many of these cases.
But once a petition such as this one is filed, the representatives of the government show themselves to be without the courage of their convictions. Or perhaps better put, they have no convictions. That is, they are not guided by a determination to stand by Jewish rights and to fight for those rights. They are guided by pragmatics and not by principle or ideology. They cave, out of fear of being criticized by the international community for taking Arab land, etc. etc.
And fairness to the residents of Migron, who were assisted by government agencies in establishing their community? What does this have to do with anything?
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Right now this is a very hot political potato, with many incensed at the notion of taking down Migron. Speaker of the Knesset Ruby Rivlin (Likud) has spoken out on this with vehemence. I’m told Shas is with the residents of Migron. And Foreign Minister Avigdor Lieberman says this is a red line for his party, Yisrael Beitenu, which will leave the coalition if Migron comes down.
Prime Minister Netanyahu, then, is between a rock and a hard place politically, and realizes that if a satisfactory solution is not found for Migron his government is at risk.
Thus, there is an attempt to strike an agreement with Migron residents that would provide an out for the government, which would not have to demolish the community.
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But even this is a complicated and infuriating matter.
Not long ago, legislation was introduced that to prevent communities in Judea and Samaria from being destroyed unless the Arab(s) claiming ownership produced documentation of that ownership — and if documentation were produced beyond a certain number of years, there would be monetary compensation instead.
This legislation would protect Migron. But it is frozen in the Ministerial Committee on Legislation at the request of Netanyahu. He, in turn, has done this at the behest of Minister Benny Begin (Likud). If I live to be 100 I will not understand what is driving Begin at this point. He is heading negotiations that the government is holding with the representatives of Migron, regarding a so-called compromise. He doesn’t want to see them protected by this legislation; he wants them to feel that they have no choice but to accept what he offers. In light of what I had previously understood to be his political orientation, the fact that he wants this confuses me totally.
The compromise, which is being urged on Migron by Netanyahu, would move the community to the bottom of the hill on to land that is universally acknowledged to be state land. It is better, the residents are being told, than having their community simply demolished.
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But the community is not buying this. You may have read in recent news reports that a deal was reached. I was told today, however, that there is no deal.
The position of the Migron residents is that they have a right to be where they are, that they are not located on Arab land. If they move to the bottom of the hill, they say, it denies their purpose in having been put (by the government) on the hill for security reasons in the first place, and it ignores the involvement of multiple government ministries in helping them to be established there.
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The question, then, is whether, when push comes to shove, the prime minister will actually allow the destruction of Migron, as this may bring down his government.
Apparently there are at least a couple of avenues he can take to remedy the situation. He can permit the release of the legislation from committee. Or, I was told by the legal forum, the government can return to the High Court and say that in the light of new evidence it withdraws its commitment to take down the community.
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I would like to see as many of my readers as possible give a boost to the residents of Migron, as they wait to see if the prime minister blinks.
Please! write to Netanyahu.
Tell him that you are convinced that the residents of Migron are in their current location by right, that they were helped by the government as they were established, that they serve a legitimate security purpose, and that there is absolutely no reason to believe that they are on Arab land.
Tell him that you are watching his government closely in this regard, and that you expect him to do what is honorable and principled, and not what is convenient politically.
Say you expect him to return to the High Court and, based on new information, reverse the commitment to take down Migron. And that you further expect the legislation that is currently frozen in committee regarding the demolishment of communities to be released for vote in the Knesset.
Fax: 02-670-5369 (From the US : 011-972-2-670-5369)
E-mail: Memshala@pmo.gov.il and also pm_eng2@it.pmo.gov.il (underscore after pm) use both addresses
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Then, please, write to the following Likud ministers and urge them to push the prime minister to take action to remedy the situation in Migron properly. Ask them to remind Netanyahu that the government may fall if he fails to do this.
Keep it simple for yourself. Compose a short message that says “Dear Minister,” followed by text, click on each minister’s e-mail address in turn, paste in the message and send. Do NOT send a group message; each should be separate.
Minister of Public Diplomacy Yuli Edelstein
Minister of Improvement of Government Services
Minister of Environmental Protection Gilad Erdan
Minister of Welfare Moshe Kahlon
Minister of Transportation Yisrael Katz
Minister of Culture Limor Livnat
Minister Yosi Peled
Minister of Education Gideon Saar
Minister of the Development of the Negev Silvan Shalom
Finance Minister Yuval Steinitz
Minister of Strategic Affairs Moshe Yaalon
Great work, Arlene.
I don’t believe Arlene will get any favorable results. Israel finds itself increasingly more dependant om the U.S. since the Arab spring and other developments.
– the peace with Egypt is now highly doubtful.
– the cuurent arrangement with Jordan is teetering.
– The cooperative relationship with Turkey is in tatters.
– Both India and China will disregard the Oil embargo imposed on Iran, by purchases transacted in gold rather than currency.
America wants these settlements dismantelled. And so it will be.
How so? America is largely the cause of the Arab Spring. None seem to be moving according to the American plan which makes Israels importance to America more so now than at any time since the end of the cold war.
I hope so. Then I should remind you that America is a guarantor of the Peace Treaty between Israel and Egypt and Israel and Jordan. For what it’s worth?
Partially true; our military cooperation is on ice but our bilateral trade has never been higher and has increased in 2011.
Not so sure because American law requires punitive sanctions against any entity or country breaking the embargo, and the Saudis are guaranteeing making up the shortfall difference.
America has always wanted the settlements dismantled. So what?
Each one of the points you are refuting had been advocated by yourself at one time or other. You are not serious-a phoney baloney-stop wasting my time.
Show me by quotations of mine where I advocated for any of my refutations to your comments. If you can’t or won’t I will brand you a lying stinking provocateur, probably posting here on this site under many different names. Wasting your time? How much is your pathetic time worth? In any event I don’t give a flying S%&&^ about you or your worthless time.
Stanley wrote:
America doesn’t always get what it wants. The plain answer is “No”. Our shield is Hashem, not America.
You are the Emperors’s new clothes wasting everyone’s time.
Stanley,
Apparently you have missed a small point, that is about the only size you are able to handle so here it goes. . That’s all Stanley.
Hashem is much too busy working on deciding who wins the super bowl in a couple of weeks to worry about Israel. You know there are priorities!!!
Written to the email addresses listed in the article:
“If the Government of Israel plays with the lives of its citizens, it should not be surprised if loyalty becomes an issue. Loyalty is not automatic. Do not take it for granted. There needs to be a mutuality, a reciprocity between the governed and the government.”
A great letter- it should also be sent to the US Congress. It is not the people of America that have deserted Israel, only our progressive, socialist administration.
No. Read Ezekial 36. “The mountains of Israel will be blessed”. What America wants is irrelevant.
This needs to be translated into English.
This is a sick country. Very sick.
Ted, the Israbot ate my comment up.
I couldn’t find it.
There it is, above, but it was under moderation when I posted it.
Oh, oh! The Israbot has a mind of its own. You will soon be redundant, Ted Belman.
I have nothing but contempt for the traitorous scum of peace now. They are the worst of Israel’s and the Jewish people’s enemies. Do they imagine that aiding in the ethnic cleansing of Jews from Judea and Samaria will spare themselves from the genocidal aims of hamas, fatah and the rest of the world’s jihadists and leftists? Do they think the annihilationists will stop at the green line? Do they and the elite members of Israeli society believe that they can run away from their Jewish identity and therefore not be targets of ethnic cleansing and genocide?
Bless you, Laura for saying exactly what was on my mind. Additionally, what America wants depends on who gets elected. Obama and Peace Now are in the same league.
It is my hope that Madam Defarge’s knitting work will be put to good use after the revolution.
Extraordinarily well said Laura.
The Jewish people has been methodically betrayed since the advance of Mr. Peres and his associates into state control, from about the late early 90′s.
The extreme elements in the so called “peace camp” are in fact deadly enemies of the Nation.
I would like to ask the readers and contributors the following questions:
What would a shalom achjaff activist, a women in black operative, a yeash gvul member, a check point watch agent do if,
There is a fight between a Jew(s) and Arab(s)?
A Jew reacts with force to a moslem assault?
(seldom if ever outside some limited aberrant cases, Jews attack Arabs).
An Arab attacks a Jew.
A Jew removes trees planted by Arabs?
An Arab removes trees planted by Jews?
There are wounded Jews and wounded arabs?
Jewish families eed hel and Arab families need help?
Lets extend that a bit.
What would the “border police” do? Has anyone noticed that the so called “border police is for the most, anywhere but at the “borders”?
What would the field operatives of the Shabak do?
I believe the time has come to perform an all around LITMUS TEST, (not that is needed…), to ascertain to whom or what some folk in and out of uniforn are loyal to…
THE LAND IN JUDEA AND SAMIRA BELONGS TO JEWISH PEOPLE THE ARE NOT SETTELLMENTS IF PEACE NOW OR THE ARABS OR ANY BODY ELSE DONT LIKE IT FINE GET OUT OF ISRAEL AND STAY OUT
Jews were always hill and mountain dwellers and the pagans mostly controlled the coastal regions. Seems like we have today a redux (“reducere.”)of what was during our biblical history only now the pagans are Jews as well.
Yamit (Uncle Nahum) you have a point. Those in stature and power reside on the hill.
Locally, in our Lehigh Valley (PA), both Lafayette College in Easton is located on College Hill, high above the city. Likewise Lehigh University in Bethlehem is located on a hill on the South side of Bethlehem.
Brown University is located on a hill in Providence RI.
Power seems to resides high above.
PS, I enjoyed the item you sent me.
I spent my working life as a Title Searcher. I investigated the history of real estate, that is, parcels of land to determine the rightful, legal owner(s).
Even though laws may differ somewhat from one jurisdiction to another there can be no question that the residents of Migron have clear cut, undisputed title to the land.
Are Israeli courts so unjust that a case like Migron’s if brought before the court with all the proper documentation would not enjoy a certainty of success?
Yes Mickey, they are. The case would never be heard by the supreme court. They have already refused to examine the documentation that the residents of Migron have. The supreme court is one of the biggest problems in Israel. It is a bastion of leftist jargon that has already thrown off (and burned) its Jewish identity in favor of multiculturalism and finding Israel a place among the nations by trying to destroy the entire country’s Jewish identity.
If you really want to help the community of Migron, tell all of your friends who are members of Likud to vote for Moshe Feiglin in the upcoming election on January 31st. That is the only language that Bibi understands. Vote him out of the chairmanship of the Likud and you do a great favor for the State of Israel and the Jewish people. With Moshe Feiglin as prime minister these problems would not exist.
Yamit:
You are about as consequential as a rectal itch. BUZZ OFF, BUCKO!
Stanley your buzzing up the wrong tree. Your best bet is to find another site to implode on.
Is “Stanley” just another alias for Hymie?
I think you have used Rectal Itch before but if anyone has a rectal itch it’s you and here’s why.
Who you calling BUCKO?
Okay, I wrote to Netanyahu. Will he read my letter? Of course not, unless an assistant’s curiousity is piqued by the fact that I told Netanyahu he is in my mystery novel, Jerusalem 3000 THE POISONER’S AGENDA. I said I had presented him heroically in the book for his past positions in which he supported the right of our people to settle Judea and Samaria and asked him to continue to support this right.
It doesn’t matter really what Netanyahu does as far as the international community is concerned–they will condemn him regardless of what he does. So he might as well do what is right and release the legislation from committee that will allow Migron to stand.
Maybe I don’t have a right to speak because even though I am a dual citizen, I don’t live in Israel. But who knows? At least my email should be a check mark in the “FOR” column for Migron…
There is obviously something on Netanyahu’s agenda which made your letter writing futile. And it’s been that way for almost 2 decades. Netanyahu is a sham and a thug. People have to get over his rhetorical skills and notice what he actually does in Israel, destroy it bit by bit while capitulating to Islam, the Arabs and terror. Netanyahu needs to be shown the exit.
I suspect that at least part of his agenda includes doing as much as he can for a Nobel, no matter what or whom he and Barak will have to trod… Regretful.
Ted, Israbot alert – again and again. Ask yourself why no other blog has such a ridiculous “moderation” “algorithm”.
The Israel Stasi tyranny never ends
Knit, Madam Defarge, knit.
In relation to Bibi, I’m reminded of a great line in a movie, “When a leader continues to use two faces to his public. He eventually forgets which one is real”.
Cheer up though Shy. (to use another cliche) It is always darkest just before the dawn. And from half a world away it appears the battle for J&S is almost won.
Yes, it’s always darkest before the dawn. So if you’re going to steal your neighbor’s newspaper, that’s the time to do it.
How do you fools tossing insults back and forth advance the cause of Israel?
How does it add information or knowledge about the topic of this thread?
Why don’t you save your profane and vicious venom and vitriol for the sporting events you view on your TV – AT HOME?
Come on moderator, moderate.
Andrew, just maybe you hit on something. I am sure Yamit will be able to expose him and Ted could verify it.
Mickey, it doesn’t. Having said that this site draws characters from time to time, one in particular who especially likes to bash everyone. One of his targets is Laura.
BTW Mickey, most of us have been around here for some time and we are not fools.
I checked up on Stanley. He and 4 others are using the same IP and they live in Canada. Hmmm. Guess who the others are.
It figures.
WAM!