The Case of Bir ‘Ona
Until 1967, Bir ‘Ona, located on the slope of al Slaiyeb mountain (now Gilo settlement) southof Jerusalem was a small Palestinian community under the jurisdiction of the municipality ofBeit Jala.
In 1967, Israel annexed this territory to Jerusalem and later began construction of Gilosettlement on the hill top above Bir ‘Ona. The Palestinian residents, some 150 persons at thattime, were included in the Israeli census conducted in newly occupied East Jerusalem (Bir’Ona residents hold census documents dated 4-8-1968).
Although those included in the census were to receive blue Jerusalem ID cards, years passedand no such Israeli ID cards were issued to them.
Finally, in 1969 – and only after pressure by the residents – orange-colored West Bank ID cardswere issued to them by the Israeli military government/civil administration. At that time,Bir ‘Ona residents did not object to receiving the status of West Bank residents, because theywere not eager to become legal subjects of the occupying state.
For the same reason, the community turned down an eventual offer by Israel, in 1983, to providethem with Jerusalem ID cards.
Throughout the 1970s and early 1980s, the community considered itself part and parcel of the1967 occupied West Bank, just like their neighboring communities of Beit Jala and Bethlehem.They were not aware of the fact that on the maps of the Israeli town planners, Bir ‘Ona was part ofIsraeli-annexed East Jerusalem.
In the 1980s, more and more Bir ‘Ona residents and newcomers to the neighborhood wished tobuild new homes and discovered that this was an impossible task. Applicants for buildingpermits at the Beit Jala municipality were informed that they did not fall under themunicipality’s jurisdiction.
When people approached the Jerusalem municipality, their requests for building permitswere rejected, based on the argument that the area had not yet been zoned (or was zoned as “GreenLand”) and that, as West Bank residents, they were not entitled to build on “Israeli stateterritory”.
An attempt by the residents in the 1980s to take the issue of building permits in Bir ‘Ona to theIsraeli court system failed, because the judge stated that he was unable to decide whether ornot they were legal subjects of Israel.
Families, thus trapped and in urgent need of housing, began to build new homes without Israelipermits. The response was soon to come. Starting from the mid-1980s, demolition ordersagainst the newly built homes were issued by the Jerusalem municipality. In 1990, Bir ‘Onareceived official notice from the Israeli authorities stating that the community was part ofthe Israeli state territory. By 1998, two Bir ‘Ona homes have been demolished, 17 additionaldemolition orders are still pending.
Another picture of the Demolition of the Abu-Maria Home in Beit Umar
With the imposition of the permanent military closure of Jerusalem in 1993, the situation ofBir ‘Ona became completely absurd: Bir ‘Ona residents were suddenly obliged to obtainJerusalem entry permits (like other West Bank residents) although they live in an area which -in Israeli terms – is part of the city.
Since applications for these entry permits were usually turned down, Bir ‘Ona residentsfound themselves living “illegally” in their homes.
Israeli soldiers frequently erected checkpoints in the neighborhood and stopped people,residents and visitors, walking in the streets. When they saw their orange West Bank ID cards,they took them away and fined the holder US $150 for illegally entering Jerusalem.
Confronted with house demolition orders, the military closure, the immediate threat of landconfiscation (both for the growing Gilo settlement and the gigantic bridge serving Road no.60), and – in the meantime – aware of the Israeli policy of evicting the Palestinian populationfrom Jerusalem, the community formed a Residents’ Committee.
In 1996, the Residents’ Committee set out on the long march for a solution demanding aclear-cut decision by the Israeli authorities:
“Either we are residents of Jerusalem and thus entitled to Jerusalem ID cards, municipalservices, and building permits, or we and our land must be treated like other West Bankcommunities occupied in 1967 and handed over to the Palestinian Authority”, says CommitteeHead Nabil Abu Sa’d, “We are not going to let them separate us from our homes and land.”
Bir ‘Ona: Facts & Figures (estimates by the Residents Committee) Size: 1,000 dunums (200 ofthem built up area) Number of residents in 1967: 150 Number of residents in 1998: 900 Number ofresidents without Jerusalem ID cards: 500 (70 families) Number of houses: 60-70 (116 housingunits) Total Number of demolition orders issued: 19 Number of homes demolished: 2 Source ofwater supply: Jerusalem Municipality
(since 1995)* Source of electricity supply: Jerusalem Electricity Company ** Number ofschools: 0 Number of kindergartens: 0 Number of health clinics: 0 Sewage & garbage services: 0street lightening: 0
Source of water supply: * Before 1995, Bir ‘Ona was connected to the water supply system of theWater & Sewage Authority Bethlehem-Beit Sahour-Beit Jala. This system was consequentlydismantled by the Jerusalem municipality.
Source of electricity supply: ** This company is a formerly Jordanian, now Palestiniancompany which supplies electricity to Jerusalem (including Israeli areas) and to Israelisettlements in the West Bank. Expenses for the installation of the electric grid were coveredby the community and not by the Jerusalem municipality.
Image: pics/20.jpg Another picture of the Demolition of the Abu-Maria Home in Beit UmarNegotiations with the Jerusalem municipality and legal efforts on behalf of Bir ‘Onalaunched in 1996 have born little result:
On 13 March 1997, the Residents’ Committee and their lawyer Atty.
Lea Tsemel met with Jerusalem Mayor Ehud Olmert, the Mayor’s Advisor on NeighborhoodAffairs, and the Legal Advisor to the Municipality to discuss the practical implications ofthe 1967 annexation of Bir ‘Ona.
In this meeting, Mayor Olmert stated that he recognized the urban rights of the residents andthe municipality’s responsibility for their well-being.
He promised the rapid approval of a zoning plan for Bir ‘Ona, the prerequisite for municipalbuilding permits. Since then, more than one year has passed and the only practical expressionof the municipality’s recognition of responsibility for Bir ‘Ona is a wave of Arnona(municipal tax) bills which has newly reached the community via the Israeli postal service.
“Where are the services, the schools, the kindergartens, the streets, the lights, thegarbage disposal, that they ask as to pay for”, ask Bir ‘Ona residents understandably. Sincethe residents have abstained from paying the bills, the Jerusalem municipality now issuescombined Arnona-water bills so as to step-up the pressure.
Also legal efforts aimed at obtaining Jerusalem ID cards for Bir ‘Ona residents have broughtno more than piecemeal success. Two year’s of correspondence with the Israeli InteriorMinistry in Jerusalem on behalf of 20 families represented by BADIL Resource Center forPalestinian Residency & Refugee Rights resulted – in early 1998 – in the issuance of temporary24-hour Jerusalem entry permits to these families.
These permits do not entitle the holder to work in Jerusalem, and the question if and when Bir’Ona residents will obtain Jerusalem ID cards is as unresolved as in 1996. Fearing for theirfuture and trapped in an impossible situation, the Bir ‘Ona Residents’ Committee and BADILResource Center have launched a renewed attempt at putting Bir ‘Ona on the agenda of local andinternational media and human rights activists.
“We are not going to sit with our hands folded and wait for our eviction”, says Na’im Sa’d, “wewant to see our case raised now!”
For further details and visits to Bir ‘Ona contact: BADIL Resource Center for PalestinianResidency & Refugee Rights,
tel/fax. 02-747346,
email: badil@baraka.org
website: www.badil.org