March 1989, Page 3

Human Rights

State Department Flunks Israel On Human Rights

By Richard H. Curtiss

"Figures compiled from press, Palestinian, and Israeli government sources indicate that 366 Palestinians were killed in 1988 as a result of the uprising, most of them by the IDF, some by Israeli settlers. Thirteen Palestinians were killed by other Palestinians for suspected collaboration with Israeli authorities. Over 20, 000 Palestinians were wounded or injured by the IDF... Soldiers frequently used gunfire in situations that did not present mortal danger to troops, causing many avoidable deaths and injuries.” —Department of State report on Israeli human rights practices for 1988.

The Department of State came down hard in February on Israeli human rights violations in 1988, devoting 21 pages of its annual 1500-page worldwide human rights report to Congress to a grim catalog of Israeli killings of Palestinians by bullets, beatings, tear gas, and denial of medical attention. Moreover, the official US government report made it dear that some human rights problems take place in Israel itself, "where Arab citizens of Israel, who constitute 17 percent of the population, do not share fully in the rights granted to, or the duties levied on, Jewish Israeli citizens."

As for the Israeli-occupied territories, the State Department reports: "Beginning in December 1987, the occupation entered a new phase, referred to as the intifadah, when civilian unrest became far more widespread and intensive than at any time heretofore. The active participants in these civil disturbances were primarily young men and women motivated by Palestinian nationalism and a desire to bring the occupation to an end."

Besides killing and wounding many of these "active participants," the report makes clear, the Israelis resorted to demolition of homes, curfews, beatings, bone breaking, torture, collective punishment, "and other practices including forcing prisoners to remain in one position for prolonged periods, hooding, sleep deprivation, and cold showers." These latter practices were used to elicit false confessions, which became the basis for convictions and lengthy prison sentences.

Most Palestinians arrested, however, were "administratively detained," without charges, for six months at a time. Some, released after six months, were immediately rearrested, and detained for another six months, still without charges.

"Since the uprising began in December 1987, the number of Palestinian prisoners has risen from about 4,700 to about 10,000," according to the report. "Seven military detention centers were added to two existing facilities, but there is serious overcrowding."

Older Americans recall that such initial reports from Stalin's USSR and Nazi Germany led eventually to mass human extermination. Over the years since World War II, such practices have been reported in countries as diverse as Albania, Cambodia, Chile, China, Hungary, Iraq, Libya, Syria, and Uganda, the scale varying with the size of the country and the bestiality of its rulers. Right now greater horrors than those being perpetrated by Israelis are occurring in Iran and South Africa. None of those countries, however, are allies of the United States. They do not receive direct economic and military assistance from the US government. By contrast, Israel receives a quarter of US aid worldwide and is seeking more.

The State Department report could have made fewer excuses for Israeli violations, and it could have recorded them in considerably more graphic detail. In fact, this year's low-key treatment of an emotional and politically charged subject is not a great departure from reports in previous years. What has changed is the massive scale of Israeli violations.

Would the report have been as explicit if George Shultz had still been in office when it was issued? Perhaps. Despite the double standards he persistently applied to Israel and its neighbors, during his last year in office he had begun to acknowledge publicly some of the Israeli violations.

Does the report presage a more objective Bush-Baker Middle East policy? No one knows. Bush seems knowledgeable and fair-minded, Baker pragmatic and non-ideological. But they are surrounding themselves with foreign policy advisers notorious for pro-Israel bias and anti-Arab bigotry. If Bush and Baker set their own course, this coterie of Israel-firsters may find themselves advising Israel to settle for whatever peace terms it can get, while it still has some US backing. If the underlings set the direction, however, the US may be headed for new exercises in Middle Eastern futility, and the Arabs and Israelis for bloodier wars.

The State Department report on human rights practices is prepared solely as a guide for Congress in allocating economic and military assistance. The report's importance, therefore, depends upon the use Congress makes of it. That use may prove surprising.

Throughout the period covered by the report, congressmen have been deluged with constituent advice. These are not the repetitive pro-Israel telegrams ginned up by one phone call from AIPAC, Israel's lobby in Washington. These are hand-written letters, individually 'composed telegrams, phone calls, and earnest conversations with the legislators in clubs, churches, and lodges back home. Their message is, make the Israelis stop using US weapons to brutalize Palestinians who only ask for the human rights we insist upon for ourselves. Polls show the same American public sentiment, strong and growing.

Some congressmen have warned Israel that in the absence of a Palestinian settlement, they can't deliver massive US aid much longer. Others are promising their constituents they won't. The first congressman has already turned up in Tunis, ready to talk to Yasser Arafat.

Like some members of the new administration, many members of Congress are honestly perplexed. Israel's friends tell them pressure only makes the Israelis worse. History demonstrates the opposite.

One way to start the peace hall rolling is to apply the same tough standards to Israel that the Palestinians have already met. No Israeli prime minister since Golda Meir has accepted UN Security Council resolutions 242 and 338. No Israeli government has renounced terrorism, as the residents of bombed and rocketed Palestinian refugee camps in Lebanon can attest. Nor has any incumbent Israeli government leader acknowledged the right of Palestine to exist within secure and recognized borders.

Certainly, before Palestinians are asked to jump through new hoops, and before new aid is voted for Israel, it's time to ask the Israeli government to say the same "magic words" so recently voiced by Yasser Arafat. The State Department's human rights report points the way. It's a course upon which honest members of Congress ought to be able to agree.

The following excerpts are from the State Department's Country Report on Human Rights Practices for 1988 for Israel.

Israel and the Occupied Territories

Emergency regulations have been in effect since 1948. Israel has occupied the territories of the West Bank, the Gaza Strip, the eastern sector of Jerusalem, and the Golan Heights since the 1967 war. Government-sanctioned Jewish settlements in the occupied territories have heightened tension with Palestinian residents. In southern Lebanon, Israel maintains a residual military presence and supports a local militia, the "Army of South Lebanon." Arab citizens of Israel, who constitute approximately 17 percent of the population, do not share fully in the rights granted to, or the duties levied on, Jewish Israeli citizens. They are clustered at the lower end of the socioeconomic scale...

Torture and Other Cruel, Inhuman, or Degrading Treatment

Israeli laws and administrative regulations clearly prohibit, and provide specific penalties for, such activities. However, where security concerns predominate, these strictures have been violated. The Landau Report of 1987 held that the general security service, Shin Bet, had routinely used physical and psychological mistreatment to obtain confessions...

Freedom of speech and press, protected rights in Israel, are limited by security based censorship provisions...

According to the Prevention of Terrorism Act of 1948, it is illegal to possess, for purposes of inciting support for organizations defined as terrorist, or to distribute literature considered hostile to Israel or that issued by illegal Palestinian organizations, to display Palestinian nationalist symbols, or publicly to express support for the Palestine Liberation Organization (PLO)...

Contact by Israelis with the PLO, its subdivisions, or other organizations classified by the Government as terrorist, or with individual members of such organizations, is illegal. In 1988 four Israelis were convicted of violating the Prevention of Terrorism Law for meeting with PLO members...

All citizens are assured freedom of religion by law. Approximately 82 percent of Israeli citizens are Jewish. Muslims, Christians, and Druze, and members of other minority religions make up the remaining 18 percent. The law of return of 1950, which abolished restrictions on Jewish immigration, and the citizenship law of 1952, which granted every Jew the right to citizenship on arrival in Israel, confer advantages to Jews in matters of immigration, residence, and citizenship...

The Occupied Territories

The West Bank, East Jerusalem, the Golan Heights, and the Gaza Strip are areas occupied by Israel in the 1967 war which remain under Israeli occupation. The West Bank and Gaza continue under military government; Israel has unilaterally annexed East Jerusalem; and it has extended its civilian law, jurisdiction, and administration to the Golan Heights.

The United States considers Israel's occupation to be governed by The Hague Regulations of 1907 and the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Israel denies the applicability of the Fourth Geneva Convention to the West Bank and Gaza, but states that it observes the Convention's humanitarian provisions in those areas. Israel applies Jordanian law in the West Bank and British mandate law in Gaza, as well as its own military orders which have changed these laws significantly...

Municipal elections, last held in 1976, were discontinued, and many elected officials were later removed or deported for alleged security reasons...

Beginning in December 1987, the occupation entered a new phase, referred to as the intifadah, when civilian unrest became far more widespread and intensive than at any time heretofore. The active participants in these civil disturbances were primarily young men and women motivated by Palestinian nationalism and a desire to bring the occupation to an end. They gathered in groups, called and enforced strikes, threw stones and firebombs at Israeli security forces and civilian vehicles, or erected barricades and burned tires so as to interfere with traffic. The Israeli Government has regarded the uprising as a new phase of the 40-year war against Israel and as a threat to the security of the State. The Israeli Defense Forces ' caught by surprise and untrained and inexperienced in riot control, responded in a manner which led to a substantial increase in human rights violations...

Political killing is not condoned by Israel and is not practiced by the Israeli Government in the occupied territories. In hundreds of confrontations between IDF troops and Palestinians throwing stones or Molotov cocktails or engaging in other forms of disorder, however, the IDF frequently responded with gunfire in which casualties resulted. Precise figures on casualties are not available and estimates vary depending on the source and counting criteria. Figures compiled from press, Palestinian, and Israeli government sources indicate that 366 Palestinians were killed in 1988 as a result of the uprising, most of them by the IDF, some by Israeli settlers. Thirteen Palestinians were killed by other Palestinians for suspected collaboration with Israeli authorities. Over 20,000 Palestinians were wounded or injured by the IDF. Eleven Israelis have been killed in the intifadah. According to IDF statistics, approximately 1,100 Israelis have been injured.

Most Palestinian deaths resulted from the use of high velocity, standard service round bullets by the IDF during attempts to halt incidents involving stones, firebombs, or fleeing subjects. According to IDF regulations, live fire is permitted when soldiers' lives are in real and immediate danger. Only a specific attacker may be shot at; fire is to be directed at legs only; and it may be used against fleeing suspects only if a serious felony is suspected and as a last resort. Soldiers may fire only after exhausting all other means—including tear gas, rubber bullets, and warning shots. These guidelines were often not followed. Soldiers frequently used gunfire in situations that did not present mortal danger to troops, causing many avoidable deaths and injuries.

Figures compiled from press, Palestinian, and Israeli government sources Indicate that 366 Palestinians were killed in 1988as a result of the uprising, most of them by the IDF Over 20,000 Palestinians were wounded or injured by the IDF.

In September IDF policy was changed to allow the firing of plastic bullets in order to stop demonstrations or instigators of demonstrations in situations that do not threaten the lives of security forces and to increase injuries.  The IDF claims plastic bullets are less lethal than lead bullets. While no precise figures are available, several deaths were attributed to plastic bullets, and nonlethal casualties increased after they were introduced. Other fatalities included at least 13 reported deaths by beating and at least 4 deaths from tear gas used by the IDF in enclosed areas. Exact figures are unavailable and estimates vary. There have been reports of several instances in which Palestinian wounded died because of IDF delays of ambulances or because, for whatever reason, there were delays in moving the wounded to a hospital. There were five cases in 1988 in which unarmed Palestinians in detention died under questionable circumstances or were clearly killed by the detaining officials.

Israeli authorities in some cases prosecuted cases or took disciplinary action against security personnel and settlers who killed Palestinians in violation of regulations. However, regulations were not rigorously enforced; punishments were usually lenient; and there were many cases of unjustified killing which did not result in disciplinary actions or prosecutions...

Torture is forbidden by Israeli law, and Israeli authorities claim they do not condone it. In 1987 the report of a special judicial commission headed by ex-Supreme Court President Landau confirmed that Shin Bet had for many years illegally used physical and psychological pressure to obtain confessions from security suspects. The report recommended that limited and clearly delineated "physical and psychological pressure" (which it defined in a secret annex) should be allowed to be applied in appropriate circumstances. Reports of beatings of suspects and detainees continue, as do reports of harsh and demeaning treatment of prisoners and detainees. Palestinians and international human rights groups state that other practices, including forcing prisoners to remain in one position for prolonged periods, hooding, sleep deprivation, and use of cold showers have continued since the Landau report. Many convictions in security cases are based on confessions. Attorneys are normally not allowed to see clients until after interrogations are completed. The International Committee of the Red Cross is allowed access 14 days after arrest.

Since the uprising began in December 1987, the number of Palestinian prisoners has risen from about 4,700 to about 10,000. According to IDF figures released November 28, 5,656 Palestinians were being held in prisons or detention centers. Seven military detention centers were added to two existing facilities, but there is serious overcrowding. Conditions at military detention facilities vary. Abuse of prisoners was particularly severe at the new facility at Dahariya, but conditions there improved after personnel changes were effected and disciplinary measures were taken. There was widespread beating of unarmed Palestinians in early 1988 in uprising incidents and of persons not participating in violent activities. On January 19, the Minister of Defense announced a policy of "force, might, and beatings" to put down the uprising. He later said there was no policy of "beating for beating's sake" and that some soldiers were exceeding orders.

Nevertheless, in late January and February Palestinian and foreign physicians, human rights organizations, and the international and Israeli press reported widespread incidents in which IDF troops used clubs to break limbs and beat Palestinians who were not directly involved in disturbances or resisting arrest. Soldiers turned many people out of their homes at night, making them stand for hours, and rounded up men and boys and beat them in reprisal for stone-throwings. At least 13 Palestinians have been reported to have died from beatings. By mid-April reports of deliberate breaking of bones had ended but reports of unjustifiably harsh beatings continued. The Attorney General of Israel criticized this policy and declared it illegal.

IDF personnel are subject to discipline for violating procedures in beating cases. Four such cases have been publicized. A total of 66 soldiers have been accused of abuses in connection with their service in the occupied territories. of these, 36 were convicted and sentenced, 2 were acquitted, and 28 were awaiting trial. Those convicted received light punishment ranging from suspended sentences to imprisonment for 2 1/2 months...

Thirty six Palestinians were deported in 1988, compared to nine in 1987. These deportations contravene the Fourth Geneva Convention in the view of the United States. The Israeli Supreme Court has disagreed in a formal decision...

The use of administrative detention greatly increased in 1988. While the peak number of administrative detainees at any one time is uncertain, the number was 2,600 in September 1988. As of November 28, Israeli government figures put the number at 1,590. Most were detained for 6 months, although 20 percent of detention orders were renewed. Administrative detentions are ordered by district military commanders. In March regulations were changed to suspend temporarily the automatic review of administrative detention after 96 hours, as formerly required, although a detainee may appeal to a military judge. Secret evidence is often used as grounds for administrative detention, and it is not made available to detainees and their lawyers on grounds that confidentiality is required for security reasons. Such rulings can be appealed to the High Court, which has the right to review the secret evidence, but there have been no reversals. According to the IDF, as of early October 1988 there were 587 cases in which detention periods had been shortened or canceled.

Many individuals, including academics, journalists, and human rights workers, who have not engaged in or advocated violence or other acts threatening security, have been detained.

Israeli authorities maintain that administrative detention is used only against persons recently and repeatedly engaged in actions threatening security, and that political views and activities are not grounds for detention. However, Israel defines "security" very broadly, and in many cases individuals appear to have been detained for political activities which the authorities regard as a security threat. Many individuals, including academics, journalists, and human rights workers, who have not engaged in or advocated violence or other acts threatening security, have been detained, including many members of "popular committees," banned organizations which support the uprising in various ways, including nonviolent activities. Israeli officials have confirmed that in some instances, release of a detainee depends upon the behavior of the people in the area where the detainee lives.

Since March the IDF moved over 2,000 administrative detainees at various times from the occupied territories to a detention camp in the Negev desert near Ketziot inside Israel. At its maximum in 1988, the camp held nearly 3,000 detainees but by the end of 1988 the number had dropped to approximately 1,200. Transferring prisoners from occupied territories, in the view of the United States, contravenes the Fourth Geneva Convention. However, the Israeli Supreme Court, in dismissing a petition brought by Ketziot detainees, held the Convention's provisions could not be enforced by an Israeli court since they have not been incorporated into domestic Israeli law. The Court held, on the basis of a 1988 order relating to military detention and a section of a 1987 law amending and continuing emergency regulations, that Israeli military commanders were empowered to order detention inside Israel proper and that detainees may be held in Israel if the order is issued in Israel. Conditions at Ketziot are rigorous and there is overcrowding. Prisoners are required to live in tents not designed for extended periods of confinement...

Security detainees are usually not allowed bail and are usually denied access to counsel for 18 days. Access may be denied indefinitely for security reasons if officials believe granting access would impede the investigation. Many security suspects are arrested without warrants. The law permits this for up to 96 hours. Officials at times have declined to confirm detentions to consular officers who have inquired on behalf of nationals of their countries. Denial of notification of arrest to third parties, including immediate family members, is common and under the law can be extended for up to 14 days. Section 78(D) of Military Order 1220 of March, 1988, permits incognito detention for a period of 8 days if a court order is obtained. Despite improvements in record keeping, the authorities had difficulty keeping track of all detainees. At times families of some detainees are often not told the reasons for their detention.

The IDF greatly expanded the use of curfews, including confinement to houses, in Palestinian areas where violence had erupted, or where the authorities believed there was potential for violent protests. Curfews, often prolonged, caused severe hardship to all residents.

Israeli officials have confirmed that in some instances, release of a detainee depends upon the behavior of the people in the area where the detainee lives.

Palestinians accused of nonsecurity offenses are tried publicly in local courts by Palestinian judges, except when jurisdiction has been transferred by military order. Palestinians accused of security offenses, which are loosely defined under Israeli law, are normally tried in Israeli military courts and are entitled to counsel. Charges are brought by military commanders. In 1988, because of the large number of uprising-related security offenses, the military courts were heavily overburdened with thousands of cases, resulting in long delays before trial. Most military trials are public, though access is controlled and is limited in some cases; defense attorneys are always present. Consular officers are allowed to attend military court proceedings involving foreign citizens, but there have been delays in gaining admission. Palestinian minors are treated as adults in security offenses. Acquittals are rare in security cases.

The great majority of convictions in military courts are based on confessions. These are recorded in Hebrew, which many defendants are unable to read. There are numerous affidavits that confessions are often obtained by physical and psychological coercion. The 1987 Landau Commission report confirmed such practices on the part of Shin Bet, as well as systematic perjury before the military courts. There is no appeal of military court verdicts to the Supreme Court, except on broadly interpreted procedural grounds, although the area commander may commute a sentence. The Ministry of Defense has ordered the establishment of a military appeals court by January 1, 1989. Nonjudicial administrative orders of the military government may be appealed to area military commanders and to the Supreme Court. The court almost never reverses CIVAD or military orders when security is the rationale.

Most Israeli residents of the occupied territories accused of security and ordinary offenses are tried in the nearest Israeli district court under Israeli law. These courts are presided over by professional judges, and standards of due process and admissibility of evidence are stricter than in military courts...

Military authorities may enter private homes and institutions without a warrant in pursuit of security objectives. In 1988 forced entries often resulted in beatings and destruction of property, as well as arrests. Security officials frequently questioned Palestinians about their political views, and such interrogation in some cases involved short-term detention.

At least 154 houses of Arabs were demolished or sealed for security reasons, affecting over 1,000 people. Of the 154, 101 were totally demolished, 7 partially demolished, 43 totally sealed, and 3 partially sealed. Israeli authorities took these actions after the occupants were accused of involvement in security incidents, but prior to trial and conviction. Demolitions sometimes cause inadvertent damage to neighboring houses. The decision to demolish or seal a house is made by the area military commander. In the West Bank village of Beita in April, the IN demolished 16 houses before obtaining the legally required orders. Twelve of the houses owners have accepted the CIVAD's offer of compensation ranging from 10 to 100 percent. The other four are continuing negotiations. The occupants, who are often served with the demolition order only hours before it is to be carried out, have no right of appeal. If they learn of the order in time, they can apply to the High Court for an injunction. In 1988 the court granted temporary injunctions, but overturned no orders. Owners are not allowed to rebuild their homes without a permit, making the punishment one of indefinite duration. House demolition as punishment of families is enforced only against Arabs in the occupied territories. It contravenes the Fourth Geneva Convention in the view of the United States. The Israeli Supreme Court has held it is lawful under proper circumstances...

At least 154 houses of Arabs were demolished or sealed for security reasons, affecting over 1,000 people ... Israeli authorities took these actions ... prior to trial and conviction.

As part of the effort to halt the uprising, the Israeli authorities imposed increasing restraints on freedom of expression and press in 1988, citing security reasons. Palestinians believe that these restraints are arbitrary and politically motivated. The international law of occupation permits an occupying power to restrict freedom of expression and the press. Some criticism of Israeli policies by the Arabic press, most of which is located in East Jerusalem, was allowed. On at least three occasions there was a temporary ban on the distribution of East Jerusalem's Arab press in the West Bank and Gaza. Palestinian publications are required to submit to the military for precensorship all copy relating to the security, public order, and safety of Israel and the occupied areas. In practice, this requirement is very broadly defined. Some reports and editorials related to the uprising and Palestinian political goals were permitted, but censorship increased, and hundreds of articles and editorials were expurgated. Israeli authorities administratively detained at least 39 Palestinian journalists and editors for alleged security reasons, and numerous others were interrogated. The major Palestinian news agency was closed for 6 months in March, and the order was extended for 1 year in September. An Arabic news magazine was closed indefinitely, and all four Arabic dailies were banned at least once from distribution in the West Bank and Gaza for periods of up to 45 days...

Israeli authorities closed all Palestinian universities in the West Bank and Gaza all year for alleged security reasons on grounds that they were contributing to violence. All vocational, secondary, and elementary schools in the West Bank had been closed for over 6 months, the major part of two semesters, but began to reopen on December 1. Schools in Gaza were open for most of the school year. Alternate, off-campus classrooms were organized by parents and teachers were sometimes banned on security grounds ... The IN spokesman has stated that displaying flags or possessing nationalist literature, including intifadah leaflets, can be construed as membership in a popular committee, an offense punishable by up to 10 years in prison. There have been no known prosecutions for this offense...

Freedom of movement was restricted periodically in the West Bank and Gaza by scores of IN curfews (the Palestinian legal rights organization al-Haq estimates as many as 1,600), which were often prolonged to discourage protest activities. Durations of curfews ranged from a few hours to several weeks. During prolonged curfews, with one week-long exception, people were usually allowed to leave their houses to obtain food and medical care for short, defined periods. Curfews caused severe hardship...

Thousands of Palestinians in the territories travel abroad each year, but Israeli authorities imposed increasing restraints on travel in 1988. Some political activists were forbidden to travel abroad by military commanders' orders or faced delays in obtaining exit visas or laissez passers.

There are no obstacles to emigration. Israel sometimes refuses to renew laissezpassers of Palestinians from the territories who live or work abroad, although they may not have acquired foreign citizenship. Those who obtain foreign citizenship are ordinarily not allowed to resume residence in the occupied territories. They are permitted to return as tourists only, and sometimes are denied entry entirely. Enforcement of the three month limit for tourist visas for stays by Palestinians appears to be ad hoc. Requests for family reunification are granted only on a restricted

There were five cases in 1988 in which unarmed Palestinians in detention died under questionable circumstances or were clearly killed by the detaining officials.

basis. Persons who marry Palestinians in the occupied territories generally are not allowed to take up residence there. Entry or residency permission is frequently denied spouses, relatives and children, following the emigration of the head of the household. Israel has also denied the return of many former West Bank Palestinians who were not present in the territories, for whatever reason, at the time of the 1968 census conducted after the June War. Palestinians claim many thousands of family reunification requests are pending. According to the Government of Israel, in 1988, 300 applications for family reunification were approved, involving 607 people. Israeli officials acknowledge that family reunification is limited for demographic and political reasons and assert that the laws of occupation do not require Israel to permit immigration into the territories. Restriction on residence, re-entry, and family reunification do not apply to Jews, whether or not they are Israeli citizens.

Jewish settlers in the occupied territories are subject to Israeli law while Palestinians are subject to Israeli military occupation law. Under the dual system of governance applied to Palestinians and Israelis, Palestinians are treated less favorably than Jewish settlers in the same areas on a broad range of issues, such as the right to legal process, rights of residency, freedom of movement, sale of crops and goods, land and water use, and access to health and social services. Jewish settlers involved in security violations have generally been treated more leniently than Palestinians guilty of similar offenses. Crimes against Israelis are often prosecuted more vigorously than offenses against Palestinians. In June the Supreme Court upheld Israel's authority to deny residency to and deport a Palestinian political activist, born in East Jerusalem, who had acquired foreignnationality. Jews retain residency rights under the Israeli law of return, regardless of having acquired foreign nationality.

The use of land by Israeli authorities for military purposes, roads, settlements, and other Israeli purposes which restrict access by Palestinians, discriminates against Palestinians and adversely affects their lives and economic activities. Approximately 2.5 percent of the total area of the West Bank and East Jerusalem has been turned over to Israeli nationals for residential, agricultural, and industrial use by settlers. Palestinians do not participate in the Higher Planning Council, which plans land use in the territories and exercises certain powers transferred from local, municipal, and village councils in 1971.