Month: January 2009

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The Iron Wall – Illegal Israeli Settlement Growth in Palestine

From Haaretz, we find that a secret database has been revealed which details the extent of illegal Israeli settlements and how they were created and nurtured with the support of successive Israeli governments.

Just four years ago, the defense establishment decided to carry out a seemingly elementary task: establish a comprehensive database on the settlements. Brigadier General (res.) Baruch Spiegel, aide to then defense minister Shaul Mofaz, was put in charge of the project. For over two years, Spiegel and his staff, who all signed a special confidentiality agreement, went about systematically collecting data, primarily from the Civil Administration.

One of the main reasons for this effort was the need to have credible and accessible information at the ready to contend with legal actions brought by Palestinian residents, human rights organizations and leftist movements challenging the legality of construction in the settlements and the use of private lands to establish or expand them. The painstakingly amassed data was labeled political dynamite.

The defense establishment, led by Defense Minister Ehud Barak, steadfastly refused to publicize the figures, arguing, for one thing, that publication could endanger state security or harm Israel’s foreign relations. Someone who is liable to be particularly interested in the data collected by Spiegel is George Mitchell, President Barack Obama’s special envoy to the Middle East, who came to Israel this week for his first visit since his appointment. It was Mitchell who authored the 2001 report that led to the formulation of the road map, which established a parallel between halting terror and halting construction in the settlements.

The official database, the most comprehensive one of its kind ever compiled in Israel about the territories, was recently obtained by Haaretz. Here, for the first time, information the state has been hiding for years is revealed. An analysis of the data reveals that, in the vast majority of the settlements – about 75 percent – construction, sometimes on a large scale, has been carried out without the appropriate permits or contrary to the permits that were issued. The database also shows that, in more than 30 settlements, extensive construction of buildings and infrastructure (roads, schools, synagogues, yeshivas and even police
stations) has been carried out on private lands belonging to Palestinian West Bank residents.

Click here to view the secret Defense Ministry database on illegal construction in the territories. It should be noted that the information is given in Hebrew

The data, it should be stressed, do not refer only to the illegal outposts (information about which was included in the well-known report authored by attorney Talia Sasson and published in March 2005), but to the very heart of the settlement enterprise. Among them are veteran ideological settlements like Alon Shvut (established in 1970 and currently home to 3,291 residents, including Rabbi Yoel Bin Nun); Ofra (established in 1975, home to 2,708 residents, including
former Yesha Council spokesman Yehoshua Mor Yosef and media personalities Uri Elitzur and Hagai Segal); and Beit El (established in 1977, population 5,308, including Hagai Ben-Artzi, brother of Sara Netanyahu). Also included are large settlements founded primarily for economic motives, such as the city of Modi’in Illit (established in 1990 and now home to 36,282 people), or Givat Ze’ev outside Jerusalem (founded in 1983, population 11,139), and smaller settlements such as Nokdim near Herodion (established in 1982, population 851, including MK Avigdor Lieberman).

The information contained in the database does not conform to the state’s official position, as presented, for instance, on the Foreign Ministry Web site, which states: “Israel’s actions relating to the use and allocation of land under its administration are all taken with strict regard to the rules and norms of international law – Israel does not requisition private land for the establishment of settlements.” Since in many of the settlements, it was the government itself, primarily through the Ministry of Construction and Housing, that was responsible for construction, and since many of the building violations involve infrastructure, roads, public buildings and so on, the official data also demonstrate government responsibility for the unrestrained planning and lack of enforcement of regulations in the territories. The extent of building violations also attests to the poor functioning of
the Civil Administration, the body in charge of permits and supervision of construction in the territories.

According to the 2008 data from the Central Bureau of Statistics, approximately 290,000 Jews live in the 120 official settlements and dozens of outposts established throughout the West Bank over the past 41 years.

“Nothing was done in hiding,” says Pinchas Wallerstein, director-general of the Yesha Council of settlements and a leading figure in the settlement project. “I’m not familiar with any [building] plans that were not the initiative of the Israeli government.” He says that if the owners of private land upon which settlements are built were to complain and the court were to accept their complaint, then the structures would have to be moved somewhere else. “This has been the Yesha
Council’s position for the past years,” he says.

You’d never know it from touring several of the settlements in which massive construction has taken place on private Palestinian lands. Entire neighborhoods built without permits or on private lands are inseparable parts of the settlements. The sense of dissonance only intensifies when you find that municipal offices, police and fire stations were also built upon and currently operate on lands that belong to Palestinians.

On Misheknot Haro’im Street in the Kochav Yaakov settlement, a young mother is carrying her two children home. “I’ve lived here for six years,” she says, sounding surprised when told that her entire neighborhood was built upon private Palestinian land. “I know that there’s some small area in the community that is in dispute, but I never heard that this is private land.” Would she have built her home on this land had she known this from the start? “No,” she answers. “I wouldn’t have kicked anyone out of his home.”

Not far away, at the settlement’s large and unkempt trailer site, which is also built on private land, a young newlywed couple is walking to the bus stop: 21-year-old Aharon and his 19-year-old wife, Elisheva. They speak nearly perfect Hebrew despite having grown up in the United States and having settled permanently in Israel just a few months ago, after Aharon completed his army service in the ultra-Orthodox Nahal unit. Now he is studying computers at Machon Lev in Jerusalem. Asked why they chose to live here of all places, they list three reasons: It’s close to Jerusalem, it’s cheap and it’s in the territories. In that order.

The couple pay their rent, NIS 550 a month, to the settlement secretariat. As new immigrants, they are still exempt from having to pay the arnona municipal tax. Aharon doesn’t look upset when he hears that his trailer sits on private land. It doesn’t really interest him. “I don’t care what the state says, the Torah says that the entire Land of Israel is ours.” And what will happen if they’re told to move to non-private land? “We’ll move,” he says without hesitation.

A complicated problem
Even today, more than two years after concluding his official role, Baruch Spiegel remains loyal to the establishment. In a conversation, he notes several times that he signed a confidentiality agreement and so is not willing to go into the details of the work for which he was responsible. He was appointed by Shaul Mofaz to handle several issues about which Israel had given a commitment to the United States, including improving conditions for Palestinians whose lives were adversely affected by the separation fence, and supervision of IDF soldiers at the checkpoints.

Two years ago, Haaretz reporter Amos Harel revealed that the main task given Spiegel was to establish and maintain an up-to-date database on the settlement enterprise. This was after it became apparent that the United States, as well as Peace Now’s settlement monitoring team, was in possession of much more precise information about settlement construction than was the defense establishment, which up to then had relied mostly on information collected by Civil Administration inspectors. The old database had many gaps in it, which was largely a consequence of the establishment preferring not to know exactly what was going on in this area.

Spiegel’s database contains written information backed up by aerial photos and layers of GIS (Geographic Information Systems) data that includes information on the status of the land and the official boundaries of each settlement. “The work took two and a half years,” says Spiegel. “It was done in order to check the status of the settlements and the outposts and to achieve the greatest possible accuracy in terms of the database: the land status, the legal status, the sector boundaries, the city building plan, government decisions, lands whose ownership is unclear. It was full-time, professional work done with a professional team of legal experts, planning people, GIS experts. And I hope that this work continues, because it
is very vital. One has to know what’s going on there and make decisions accordingly.”

Who is keeping track of all of this now?

“I suppose it’s the Civil Administration.”

Why was there no database like this before your appointment?

“I don’t know how much of a focus there was on doing it.”

Why do you think the state is not publicizing the data?

“It’s a sensitive and complex subject and there are all kinds of considerations, political and security-related. There were questions about the public’s right to know, the freedom of information law. You should ask the officials in charge.”

What are the sensitive matters?

“It’s no secret that there are violations, that there are problems having to do with land. It’s a complicated problem.”

Is there also a problem for the country’s image?

“I didn’t concern myself with image. I was engaged in Sisyphean work to ensure that, first of all, they’ll know what exists and what’s legal and what’s not legal and what the degree of illegality is, whether it involves the takeover of private Palestinian land or something in the process of obtaining proper building permits. Our job was to do the meticulous work of going over all the settlements and outposts that existed then – We found what we found and passed it on.”

Do you think that this information should be published?

“I think they’ve already decided to publish the simpler part, concerning areas of jurisdiction. There are things that are more sensitive. It’s no secret that there are problems, and it’s impossible to do something illegal and say that it’s legal. I can’t elaborate, because I’m still bound to maintain confidentiality.”

Dror Etkes, formerly the coordinator of Peace Now’s settlement monitoring project and currently director of the Land Advocacy Project for the Yesh Din organization, says, “The government’s ongoing refusal to reveal this material on the pretext of security reasons is yet another striking example of the way in which the state exploits its authority to reduce the information at the citizens’ disposal, when they wish to formulate intelligent positions based on facts rather than lies and half-truths.”

Following the initial exposure of the material, the Movement for Freedom of Information and Peace Now requested that the Defense Ministry publish the database, in accordance with the Freedom of Information law. The Defense Ministry refused. “This is a computerized database that includes detailed information, in different cross-sections, regarding the Jewish settlements in Judea and Samaria,” the Defense Ministry said in response. “The material was collected by the defense establishment for its purposes and includes sensitive information. The ministry was asked to allow a review of the material in accordance with the Freedom of Information law, and after consideration of the request, decided not to hand over the material. The matter is pending and is the subject of a petition before the Administrative Affairs Court in Tel Aviv.”

Ofra, Elon Moreh, Beit El

The database surveys settlement after settlement alphabetically. For each entry, it notes the source of the settlement’s name and the form of settlement there (urban community, local council, moshav, kibbutz, etc.); its organizational affiliation (Herut, Amana, Takam, etc.), the number of inhabitants, pertinent government decisions, the official bodies to which the land was given, the status of the land upon which the settlement was built (state land, private Palestinian or Jewish land, etc.), a survey of the illegal outposts built in proximity to the settlement and to what extent the valid building plans have been executed. Beneath each entry, highlighted in red, is information on the extent of construction that has been carried out without permission and its exact location in the settlement.

Among all the revelations in the official data, it’s quite fascinating to see what was written about Ofra, a veteran Gush Emunim settlement. According to a recent B’tselem report, most of the settlement’s developed area sits on private Palestinian land and therefore falls into the category of an illegal outpost that is supposed to be evacuated. The Yesha Council responded to the B’tselem report, saying that the “facts” in it are “completely baseless and designed to present a false picture. The inhabitants of Ofra are careful to respect the rights of the Arab landowners, with whom they reached an agreement regarding the construction of the neighborhoods as well as an agreement that enables the private landowners to continue to work their lands.”

But the information in the database about Ofra leaves no room for doubt: “The settlement does not conform to valid building plans. A majority of the construction in the community is on registered private lands without any legal basis whatsoever and no possibility of [converting the land to non-private use].” The database also gives a detailed description of where construction was carried out in Ofra without permits: “The original part of the settlement: [this includes] more than 200 permanent residential structures, agricultural structures, public structures, lots, roads and orchards in the old section of the settlement (in regard to which Plan 221 was submitted, but not advanced due to a problem of ownership).” After mentioning 75 trailers and temporary shelters in two groups within the old settlement, the database mentions the Ramat Zvi neighborhood, south of the original settlement: “There are about 200 permanent structures as well as lots being developed for additional permanent construction, all trespassing on private lands.” Yesha Council chairman Danny Dayan responds: “I am not familiar with that data.”

Another place where the data reveals illegal construction is Elon Moreh, one of the most famous settlements in the territories. In June 1979, several residents of the village of Rujib, southeast of Nablus, petitioned the High Court, asking it to annul the appropriation order for 5,000 dunams of land in their possession, that had been designated for the construction of the settlement. In court, the government argued, as it did regularly at the time, that the construction of the settlement was required for military needs, and therefore the appropriation orders were legal. But in a statement on behalf of the petitioners, former chief of staff Haim Bar-Lev asserted that, “In my best professional judgment, Elon Moreh does not contribute to Israel’s security.”

The High Court, relying on this statement and the statements of the original core group of settlers of Elon Moreh, who also argued that this was not a temporary settlement established for security purposes, but a permanent settlement, instructed the IDF to evacuate the settlement and return the lands to their owners. The immediate consequence of the ruling was to find an alternative site for construction of the settlement, on lands previously defined as “state lands.” Following this ruling, Israel stopped officially using military injunctions in the territories for the purpose of establishing new settlements.

The lands that were originally taken for the purpose of building Elon Moreh were returned to their Palestinian owners, but according to the database, also in the new site where the settlement was built, called Har Kabir, “most of the construction was done without approved, detailed plans, and some of the construction involved trespassing on private lands. As for the state lands in the settlement, a detailed plan, no. 107/1, was prepared and published on 16/7/99, but has yet to go into effect.”

The Shomron regional council, which includes Elon Moreh, said in response: “All the neighborhoods in the settlement were planned, and some were also built, by the State of Israel through the Housing Ministry. The residents of Elon Moreh did not trespass at all and any allegation of this kind is also false. The State of Israel is tasked with promoting and approving the building plans in the settlement, as everywhere else in the country, and as for the plans that supposedly have yet to receive final validity, just like many other communities throughout Israel, where the processes continue for decades, this does not delay the plans, even if the planning is not complete or being done in tandem.”

Beit El, another veteran settlement, was also, according to the database, established “on private lands seized for military purposes (In fact, the settlement was expanded on private lands, by means of trespassing in the northern section of the settlement) and on state lands that were appropriated during the Jordanian period (the Maoz Tzur neighborhood in the south of the settlement).”

According to the official data, construction in Beit El in the absence of approved plans includes the council office buildings and the “northern neighborhood (Beit El Bet) that was built for the most part on private lands. The neighborhood comprises widespread construction, public buildings and new ring roads (about 80 permanent buildings and trailers); the northeastern neighborhood (between Jabal Artis and the old part of the settlement) includes about 20 permanent residential buildings, public buildings (including a school building), 40 trailers and an industrial zone (10 industrial buildings). The entire compound is located on private land and has no plan attached.”

Moshe Rosenbaum, head of the Beit El local council, responds: “Unfortunately, you are cooperating with the worst of Israel’s enemies and causing tremendous damage to the whole country.”

‘One giant bluff’

Ron Nahman, mayor of Ariel, was re-elected to a sixth term in the last elections. Nahman is a long-time resident of the territories and runs a fascinating heterogeneous city. Between a visit to the trailer site where evacuees from Netzarim are housed and a stop at a shop that sells pork and other non-kosher products, mostly to the city’s large Russian population, Nahman complains about the halting of construction in his city and about his battles with the Civil
Administration over every building permit.

Ariel College, Nahman’s pride and joy, is also mentioned in the database: “The area upon which Ariel College was built was not regulated in terms of planning.” It further explains that the institution sits on two separate plots and the new plan has not yet been discussed. Nahman confirms this, but says the planning issue was recently resolved.

When told that dozens of settlements include construction on private lands, he is not surprised. “That’s possible,” he says. The fact that in three-quarters of the settlements, there has been construction that deviates from the approved plans doesn’t surprise him either. “All the complaints should be directed at the government, not at us,” he says. “As for the small and communal settlements, they were planned by the Housing Ministry’s Rural Building Administration. The larger communities are planned by the ministry’s district offices. It’s all the government. Sometimes the Housing Ministry is responsible for budgetary construction, which is construction out of the state budget. In the Build Your Own Home program, the state pays a share of the development costs and the rest is paid for by the individual. All of these things are one giant bluff. Am I the one who planned the settlements? It was Sharon, Peres, Rabin, Golda, Dayan.”

The database provides information attesting to a failure to adhere to planning guidelines in the territories. For example, an attempt to determine the status of the land of the Argaman settlement in the Jordan Rift Valley found that “the community was apparently established on the basis of an appropriation order from 1968 that was not located.” About Mevo Horon, the database says: “The settlement was built without a government decision on lands that are mostly private within a closed area in the Latrun enclave (Area Yod). There was an allocation
for the area to the WZO from 1995, which was issued as in a deviation from authority, apparently on the basis of a political directive.” In the Tekoa settlement, trailers were leased to the IDF “and installed contrary to the area’s designation according to a detailed plan? and some also deviate from the boundaries of the plan.”

Most of the territories of the West Bank have not been annexed to Israel, and therefore regulations for the establishment and construction of communities there differ from those that apply within Israel proper. The Sasson report, which dealt with the illegal outposts, was based in part on data collected by Spiegel, and listed the criteria necessary for the establishment of a new settlement in the territories:
1. The Israeli government issued a decision to establish the settlement
2. The settlement has a defined jurisdictional area
3. The settlement has a detailed, approved outline plan
4. The settlement lies on state land or on land that was purchased by Israelis and registered under their name in the Land Registry.

According to the database, the state gave the World Zionist Organization (WZO) and/or the Construction and Housing Ministry authorization to plan and build on most of the territories upon which the settlements were constructed. These bodies allocated the land to those who eventually carried out the actual construction of the settlement: Sometimes it was the Settlement Division of the WZO and other times it was the Construction and Housing Ministry itself, sometimes through the Rural Building Administration. In several cases, settlements were built by Amana, the Gush Emunim settlement arm. Another body cited in the database as having received allocations and being responsible for construction in some of the settlements is Gush Emunim’s Settler National Fund.

Talmud Torah
@Text: Regular schools and religious schools (Talmudei Torah) have also been built on Palestinian lands. According to the database, in the southern part of the Ateret settlement, “15 structures were built outside of state lands, which are used for the Kinor David yeshiva. There are also new ring roads and a special security area that is illegal.” Kinor David is the name of a “yeshiva high school with a musical framework.” The sign at the entrance says the yeshiva was built by the Amana settlement movement, the Mateh Binyamin local council and the
WZO settlement division.

The data regarding Michmash also make it very clear that part of the settlement was built on “private lands via trespassing.” For example, “In the center of the settlement (near the main entrance) is a trailer neighborhood that serves as a Talmud Torah and other buildings (30 trailers) on private land.”

On a winter’s afternoon, a bunch of young children were playing there, one of them wearing a shirt printed with the words “We won’t forget and we won’t
forgive.” There were no teachers in sight. A young woman in slacks, taking her baby to the doctor, stopped for a moment to chat. She moved here from Ashkelon because her husband’s parents are among the settlement’s founders. When her son is old enough for preschool, she won’t send him to the Talmud Torah. Not because it sits on private land, but just because that’s not the type of education she wants for him. “I don’t think there’s been construction on private land here,” she said. “I don’t think there ought to be, either.”

In the Psagot settlement, where there has also been a lot of construction on private land, it’s easy to discern the terracing style typical of Palestinian agriculture in the region. According to the database, in Psagot there are “agricultural structures (a winery and storehouses) to the east of the settlement, close to the grapevines cultivated by the settlement by trespassing.” During a visit here, the winery was abandoned. Its owner, Yaakov Berg, acquired land from the Israel Lands Administration near the Migron outpost and a new winery and regional visitors’ center is currently under construction there.

“The vineyards are located in Psagot,” says Berg, who is busy with the preparations for the new site. From the unfinished observation deck one can see an enormous quarry in the mountains across the way. “If I built a bathroom here without permission from the Civil Administration, within 15 minutes, a helicopter would be here and I’d be told that it was prohibited,” Berg complains. “And right here there’s an illegal Palestinian quarry that continues to operate.”

The politicians did it

Kobi Bleich, spokesperson for the Ministry of Construction and Housing: “The ministry participates in subsidizing the development costs of settlements in Priority Area A, in accordance with decisions of the Israeli government. Development works are carried out by the regional councils, and only after the ministry has ascertained that the new neighborhood is located within an approved city plan. This applies throughout Israel as well as in the areas over the Green Line. Let me emphasize that the ministry’s employees are charged with implementing the policies of the Israeli government. All of the actions in the past were
done solely in keeping with the decisions of the political echelon.”

Danny Poleg, spokesperson for the Judea and Samaria district of the Israel Police: “The issue of the construction of police facilities is the responsibility of the Ministry of Internal Security, so any questions should be addressed to them.”

The Internal Security Ministry spokesman responds: “And for construction by the police is allocated by the Israel Lands Administration in coordination with the Internal Security Ministry. There is no police station in Modi’in Ilit, but a rapid response post for the local residents on land allocated by the local authority. The land in Givat Ze’ev was allocated by the local council and the police station is located within the municipality. The road to the police headquarters was built by the Housing and Construction ministry and is maintained by the local council.”

Avi Roeh, head of the Mateh Binyamin regional council (whose jurisdiction includes the settlements of Ofra, Kochav Yaakov, Ateret, Ma’aleh Michmash and Psagot): “The Mateh Binyamin regional council, like the neighboring councils in Judea and Samaria, is coping with political decisions regarding the manner of the the communities’ expansion. However, this does not remove the need for proper planning procedures in order to expand the settlements in an orderly manner and in accordance with the law.”

For its response, the WZO sent a thick booklet, a copy of which was previously sent to attorney Talia Sasson in response to her report. “Settlement in Judea and Samaria, as in Israel, has been accompanied by the preparation of regional master plans,” says the booklet. “Steering committees from various government ministries, the Civil Administration and the municipal authorities were involved in the preparation of these plans? The (settlement) department worked solely on lands that were given to it by contract from the authorities in the Civil Administration and all the lands that were allocated to it by contract were properly
allocated.”

The Civil Administration, which was first asked for a response regarding the database more than a month ago, has yet to reply.

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Peace Now – Israel expanded West Bank settlements in 2008

Mitchell has his plate full – Zionist land thieving in the form of settlements and outposts accelerated more rapidly in 2008 than in 2007 according to Peace Now’s latest report.

… there were 285,800 settlers living in the West Bank as of 2008, with 1,518 new structures built in the territories last year, including 261 outposts.

Sixty-one percent of the new structures were built west of the route of the separation fence and 39% were built east of it. A quarter of the new structures east of the fence were built in outposts.

At least 1,257 new structures were built in existing settlements, including 748 permanent buildings and 509 caravans compared to 800 structures in 2007 – a 60% rise. In addition the ground was prepared for the construction of 63 new structures.

…

Yesha Council said in response, “Once again we thank Peace Now for allocating the money they get from the European Union towards documenting the most important Zionist enterprise of our generation – settling in Judea and Samaria.”

The Council added that “some of the data are not exactly accurate. The number of settlers today according to official data stands at over 300,000 Israelis.

“Regarding the allegations of ‘taking advantage’ of the war to pave roads, all of Israel knows who took advantage of the war to demonstrate against IDF soldiers and who sent their sons to the front line to give their soul in defense of the State.”

Meanwhile, the Yesha Council plans to welcome American Envoy George Mitchell.

On Wednesday, settlers will put on a special presentation titled “A Palestinian state will blow up in our face”, in an attempt to illustrate the “dangers establishing a Palestinian state in Judea and Samara would pose on central Israel, following the lessons learned from the disengagement, the rockets on Beersheba, Gedera and the war in the south”.

NEWSFLASH!

On Friday 30th January at 10am Sydney time, Cameron Reilly of GDay World Podcasting will be organising a live Twitstream in conjunction with his show. Special guest is Antony Loewenstein, journalist, blogger and author, on the show to discuss the recent and current events in Gaza.

Visit GDay World for more information.

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Australian Net Censorship Catchup

No improvement to be seen, no word on when Conroy’s useless net censorship trials are to commence – and ratbag Christian fundamentalist wowsers are still prancing their absurdities, flopping their limp wobbly bits for all to see.

Refresh yourself with current ultra-conservative blither and far more intelligent anti-filter rejoinders:

Summary: Mark Newton Vs Jim Wallace on ABC Radio National net censorship debate

Unfortunately, Mr Wallace either doesn’t understand what ‘prohibited content‘ consists of or he has outright lied on air as the ACL’s pro filter website states ‘Despite fear-mongering about censorship, adults will be able to opt in to view some forms of legal porn.’ Just some forms of legal porn Jim?

Life Matters Mandatory Internet Filtering Transcript

Syd Walker comments on the Life Matters program followup forum

Stilgherrian at Crikey writes Who supports compulsory Internet filtering, exactly?

The Christian Right continues to be Conroy’s main supporter. Only last weekend the Fairfax news sites carried the Australian Christian Lobby’s Jim Wallace’s argument for compulsory filtering, which I have deconstructed elsewhere.

Curiously, Wallace uses exactly the same two examples of over-the-top p-rnography, r-pe and b-stiality, that Hamilton used in his polemic for the ABC News website in November. Who’s coordinating whose talking points here?

Stilgherrian again – Jim Wallace’s pro-censorship lies and distortions

Since Wallace promotes himself as a representative of good Christian values, I’ll allow that he may just be ignorant rather than a deliberate liar. Ignorance is no sin: it can be cured with knowledge. But he does use the familiar fraudulent propaganda techniques: misrepresenting his opponents; cherry-picking numbers; failing to explore the implications of those numbers; citing the same suspect Australia Institute report; and wrapping it up in the same old “protect the children” cant.

Websinthe contributes a Response to Jim Wallace’s puddle of misinformation

Time and time again, the assertion that ‘this system is not going to stop any adult from viewing anything that is legal’ has been debunked by close analysis of the relevant legislation. The ACMA black-list bans content that, while illegal to broadcast, is perfectly legal for an adult to view. For instance, where the ACMA receives a complaint about foreign internet content. The content isn’t even forwarded to the classification board; if the ACMA ‘thinks’ it might be prohibited, it is classified as ‘potentially prohibited’ and thrown on the ACMA black-list. It is not illegal until it has been classified as such. Only Australian hosted content is forwarded to the classification board.

A clear example of this occurred only a few days ago. An anti-abortion web site was added to the ACMA black-list despite two things. Firstly, there was no pornographic or child exploitation material on the website, and secondly, the DBCDE had previously claimed that political content would not be blocked.

In The Contents of the ACMA blacklist, Websinthe further reveals the nature of the beast:

The Contents of the ACMA blacklist …are not publicly available. You can, however, determine if a site is ON the list.

Vendors of PC based filters that were offered by the Government can be used to determine whether a site is on the ACMA blacklist by the message given when the site is blocked.

I post this mainly to defer questions about whether or not I have a copy of the ACMA blacklist. I don’t, it is not publicly available. The only way I have been able to tell that the above is possible is because I use Integard on my own PC and it blocked a google result whilst searching for the origins of a meme mentioned on Twitter.

Anyone familiar with Memes knows the particular wiki site to which I refer, but I refuse to link it here as I fear it may be illegal to do so despite the site’s frequent mentioning on perfectly legal websites.

When an ACMA blacklisted site is blocked by a Net Alert filter there is no option for a system administrator to unblock the site and the user is informed that the site is permanently blocked.

Given the nature of this site, it is confirmation that the ACMA does not just filter the illicit parts of sites, but the entire site.

Over at Public Polity, Websinthe strikes again with How legal content will be blocked by the ISP filter

In simpler terms, anything that, if it were a print publication, would be classified as RC, X18+, R18+ or MA15+ will be added to the list of prohibited content if it were hosted outside Australia. There are two interesting provisos here as well.

The MA15+ content would only be blocked if it were a video that wasn’t hosted on a news site. Regardless of who’s hosting it, it is prohibited if transmitted for money over a mobile phone network.

Either way, MA15+ and R18+ content is far from illegal in Australia. Just go down to Blockbuster and hire Interview with a Vampire. Even X18+ print publications are legal in some parts of the country.

Currently it is illegal to host anything in the 4 categories above in Australia. Doing so results in a take down notice.

So when Conroy says “the Australian Government has no plans to stop adults from viewing material that is currently legal”, it is entirely deceptive.


No Character Comic (which is ALSO Websinthe), takes the piss out of Conroy superbly

Syd Walker presents Australia’s Holy Man likes a Good War

In satisfyingly satirical pictorial and literary fashion, machinegunkeyboard says

If you think Australians are serious about their beer, as Razer notes, they’re downright bolshie about their porn. Senator Conroy wants to make the internet conform to Australia’s film and literature censorship laws. In the extraordinarily unlikely event that Labor’s mandatory filtering scam is successful, not only will they bolster the business of ‘restricted premises’ to a degree they’ve never before known (does Conroy or other Labor pol own an interest in any porn shops, I wonder?), but will also very likely create a mountainous public backlash that will see both Labor voted out of government after only one term and the dissolution of the OFLC.

Aside from the unproven claims of a few anti-porn extremists, there’s no psychological evidence that use (or creation) of nonviolent pornography by adults as part of a healthy sex life is in any way harmful to anyone. However, as is usually the case with any manner of prohibition, bans force it all ‘underground.’ Everything from pinup cheesecake to violent rape fantasy porn is far away from public scrutiny, thusly making all porn much more available, inclusive of violent and exploitative sorts.

Won’t somebody think of Helen’s sex life?

Have I missed any other recent worthy contributions to the struggle to maintain decent, liberal Australian internet standards? Please let me know.

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Jimmy Carter Interview with Riz Khan

Carter says Mitchell must negotiate with Hamas to enable peace.

[Carter] has said any future permanent Israeli-Palestinian agreement has to include Hamas, the Palestinian movement that controls the Gaza Strip.

Carter also told Al Jazeera’s Riz Khan on Wednesday that US presidents were unable or unwilling to take on Israel’s supporters in the US, but said he had high hopes for George Mitchell, the new US Middle East envoy.

The former US leader said there was “no way to have a permanent peace in the Middle East without the inclusion of Hamas”.

“Hamas has got to be involved before peace can be concluded.”

Carter said reconciliation between Hamas and Fatah, the faction led by Mahmoud Abbas, the Palestinian president, had been “objected to and obstructed by the US and Israel”.

…

Carter said that US presidents had officially backed UN resolutions calling on Israel to end its occupation of Palestinian land, but that they had been unwilling to take on Israel’s political allies.

“The fact is that very few of the presidents have been willing to confront Israel’s forces in the United States, politically speaking,” Carter said in what appeared to be a reference to the powerful Israeli lobby.

Carter, a Democrat who was president from 1976 until 1980, praised Obama for signalling deeper US involvement in the quest for Middle East peace by appointing Mitchell.

“If you look at US Middle East envoys in the past, almost all of them have been closely associated with Israel, sometimes even working professionally for Israel. George Mitchell is a balanced and honest broker compared to the others.”

Carter feels confident that with the new administration there is potential for peace.

Hamas is remaining firm, refusing Israeli terms for peace, offering instead a year truce for border openings and release of Shalit for release of Palestinian prisoners.

Hamas’s political leader Khalid Mashaal has rejected conditions set by Israel for a long-term truce with the Islamic movement.

“We were recently informed of (Israel’s) conditions for calm … We reject these Israeli conditions. We will not accept them,” Mashaal said in Doha on Wednesday.

The remarks were made after outgoing Israeli Prime Minister, Ehud Olmert, said Tel Aviv would open the crossings with Gaza only if Israeli soldier Gilad Schalit was released.

Schalit was captured by Palestinian fighters in a cross border operation in June 2006.

“In response to the child killer, Olmert,” Mashaal said, “I say to you in the name of Hamas and in the name of the heroes who are holding Schalit, we will not accept that crossings be opened in return for Schalit.”

He reiterated that Schalit would only be released in exchange for the Palestinian prisoners whose names were given to Ofer Dekel, the former Israeli coordinator of the issue.

Salah el-Bardawil, a member of the Hamas delegation who is currently in Cairo for peace talks also rejected Israel’s demand.

“If they want to release Schalit, they have to pay a price in return… the 11,000 Palestinian prisoners in Israeli jails waiting to be released,” he said.

The Hamas delegation has offered a year-long truce but demanded “guarantees that Israel shows commitment to lift the siege and completely reopen crossings.”

Prize for the most macabre story of 2009 so far goes to this horror show – where the murderers of children’s parents complain when Hamas refuses to let the children “vacation” in the state which orphaned them. Israel is officially insane.

Most of the children were orphaned as a result of the IDF bombing during Operation Cast Lead, The Kibbutz Movement had sponsored the vacation for 47 children, who are between the ages of four and 13. The children were to be accompanied by five adults from the Strip as well as Arabic-speaking youth movement members from Israel, and were to be hosted in Kafr Kasem, Haifa and Kibbutz Sasa.

…

Prime Minister’s Office spokesman Mark Regev said he had not previously heard about the incident Wednesday, but told The Jerusalem Post that “Hamas, through its actions, continually demonstrates that the last thing on its mind is the well-being of the civilian population of the Gaza Strip.”

Al Jazeera today offers a story on the mental health crisis amongst Palestinian men in Gaza as a consequence of Israel’s two year siege and massacres.

“I don’t sleep, very rarely, maybe a couple of hours per night. I am constantly worried. Even if I wanted to get out, to take a break and go somewhere to forget a little, I can’t because the crossings are closed.

“I can’t even take a walk along the shore because there are warships in the sea the whole time and they may aim at me,” he said.

….

The GCMHP, Gaza’s largest mental health clinic, employs nearly 30 psychiatrists, psychologists, social workers and nurses.

Although its headquarters were hit during the war, doctors continue to work around the clock to treat the ever-increasing number of Palestinian patients living in the Gaza Strip.

Dr Eyad Sarraj, the director of the GCMHP, said: “Adults are the symbol of protection, providing and power for the children.

“Adults have already been lost as providers because of the economic siege. During this war, they were lost as protectors.

“Children were looking up to them to ask them, ‘Where is a safe place? How can you protect me?’

“Some felt defeated as men, defeated in the struggle because they could not defend their children.”

Saraj says that at least half of the people living in Gaza need professional help to cope with the war. Many of them have a constant feeling of insecurity.

Like Fouzan, they live with a sense of collective trauma, built up over years – and even generations.

In retaliation for a rocket fired into the Negev desert, Israel has pummelled a metal factory in Rafah.

The Public Committee Against Torture in Israel (PCATI) and Hamoked, the Center for the Defense of the Individual, amongst 7 human rights groups, have gathered horrific testimonies on mistreatment from Palestinians kidnapped and detained by the IDF.

“The reports indicate that… many detainees – minors as well as adults – were held for many hours – sometimes for days – in pits dug in the ground, exposed to bitter cold and harsh weather, handcuffed and blindfolded,” the groups said in a statement.

“These pits lacked basic sanitary facilities… while food and shelter, when provided, were limited, and the detainees went hungry,” it said.

The groups accused the military of “gross violation of international humanitarian law” by holding some of the detainees close to tanks.

Incidents involving “extreme violence and humiliation by soldiers and interrogators” were also reported, the statement said, without giving details.

“We were handcuffed and blindfolded. They put us in a three-meter deep ditch with some 70 other people,” Majdi Muhammad Ayid al-Atar, 43, from northern Gaza described, in one of the testimonies.

“We spent two days there without any food, water or blankets. They also didn’t let us go to the toilet. Afterwards they moved us to another ditch. The soldiers kept beating anyone who dared ask for anything,” he was quoted as saying.

The groups have addressed a written complaint to the Military Judge Advocate General, and Israel’s Attorney General, Meni Mazuz.

Attorney Bana Shoughry-Badarne, Legal Director of PCATI, said the findings were “particularly objectionable” as the Israeli military had repeatedly stressed that it “prepared at length for the Gaza operation”.

“It seems that, during these lengthy preparations, the basic rights of the detainees and captives were completely forgotten,” she said.

She said the groups had the names of 29 people who had been detained, 25 of whom were still being held.

The other groups were the Association for Civil Rights in Israel, Physicians for Human Rights, B’Tselem, Yesh Din and Adalah.

Evidence of Israelis using Palestinians as human shields amongst other abuses has reached the Canberra Times.

Ali Ajramy, 39, a tailor, thrust his hands forward to show the sores on his wrists caused by plastic cables

“I was taken into this prison,” he said. “And I was told to be quiet and kneel down.”

The three were among about 85 men who were moved into the sandpit area and gathered at the western end.

They said the Israeli troops then took position around perimeter of the sandpit area and began to engage with Palestinian resistance fighters. “We kept our heads down, we didn’t move for two days,” Mr Madhoun said. “There was lots of shooting over our heads but I don’t know where it was coming from. We were given blankets and food.”

…

The deputy director of the Palestinian Centre for Human Rights, Jaber Jishah, said it appeared a textbook example of human shields.

“We are investigating this very thoroughly,” he said.

chickens

Further Israeli IDF psychosis is captured in Sameh Habeeb’s story Were chickens firing rockets?

I continued touring farms in the area where the smell of death filled the air. Surviving chickens roamed around surrounded by thousands of their dead kin. It was an overwhelming scene leaving one to ask only: why?

If this question was directed to the Israeli army their response would be swift and predictable. They would likely contend that “rockets” were being fired from the farms, or that there were Palestinian resistance fighters in the area. However, unless the Israeli army is prepared to claim that these chickens were resistance fighters or were firing rockets nothing can explain why the self-proclaimed “world’s most moral army” would engage in the wholesale slaughter of civilians and chickens alike.

In a strange turn of events, “the al-Aqsa Martyrs Brigades, the military arm of the Fatah faction led by Mahmoud Abbas, the Palestinian president, claimed responsibility for Wednesday night’s rocket attack from Gaza – the first since Palestinian factions declared their own ceasefire with Israel.”

At least nine people, seven of them school girls, have been injured by an Israeli air attack in the southern Gaza Strip, sources tell Al Jazeera.

The raid on Thursday in Khan Younis also injured a Hamas policeman, the AFP news agency reported quoting witnesses and medics.

The raid came several hours after Israeli jets attacked what witnesses said was a metal foundry in Gaza’s Rafah, a town near the Egyptian border.

“An aerial attack took place against a site used to manufacture weapons in an area of the city of Rafah following the firing of a rocket into southern Israel in [Wednesday] evening,” an Israeli army spokesman told AFP.

The military later said that a second missile was fired into southern Israel from Gaza early on Thursday, but that no damage or injuries were caused.

Hoda Abdel-Hamid, Al Jazeera’s correspondent in Gaza City, said: “These kinds of attacks cause a lot of tension amongst the people, and there is apprehension that these tit-for-tat attacks could escalate and a full on war could resume.”

Ehud Olmert, the Israeli prime minister, has called for a security cabinet meeting to discuss expanding the military response to Gaza rocket fire, sources tell Al Jazeera.

The violence came as George Mitchell, the US envoy to the Middle East, prepared to head for talks with Mahmoud Abbas, the Palestinian president, as part of a wider regional tour.

Will this disqualify Abbas from participating in peace talks with Mitchell or will Israel hold Hamas responsible for Fatah’s actions as well, as despite the devastating loss of infrastructure in Gaza due to Israel’s ruthless bombing, Israel is still holding Hamas responsible for all actions against the illegal Occupier?

McClatchy News has picked up on the bizarre targeting of the American School in Gaza – a target in the past for Palestinian anger at US support for the oppressor Israel, and more recently bombed as part of Israel’s collective punishment of the Gazan people.

As school officials search for a temporary campus for their 230 students, the loss has stunned many Gazans. If any place should have been safe from Israel’s war on Hamas, they say, it was the school, which for years flew an American flag over the main gate and whose graduates attend top universities in the United States, Canada and the Middle East.

Yet of the 25 schools and hospitals that Israeli forces hit during the 22-day war, according to a tally by Palestinian officials, only the American International School was destroyed. Days after the airstrike, Israeli bulldozers and tanks returned to the campus and plowed over the basketball court and the jungle gym, school officials and residents said.

Human rights experts are investigating whether Israel’s attacks on Gaza schools — which as civilian property are protected by international humanitarian law — constitute war crimes.

“It’s an iconic example of the disconnect between Israeli statements and the facts on the ground,” John Ging, the head of the U.N. refugee agency in Gaza, said of the school strike. “Israel said it was striking against the institutions of terrorism, but this is a school that was teaching an American curriculum in English. There has to be an answer for this and all the other destruction and death.”

The school was closed for the Christmas break when Israel launched its air assault on Gaza on Dec. 27. After several days of strikes nearby, the night watchman asked whether he could bring his family to stay with him at the school, thinking that it would be safe from attack. Salem refused, citing school rules.

The next morning, at about 3 a.m., two Israeli warplanes bombarded the building, collapsing it “like a biscuit,” said Ramadan Sabah, a 23-year-old who lives in a shack 200 yards from the school.

“They had no reason to hit the school,” Sabah said. He and three other residents said militants hadn’t fired rockets from anywhere in the area.

The watchman was killed, and Salem’s decision probably saved the lives of the man’s family. The British-trained educator doesn’t feel much relief, however.

“It’s really very sad to see Israel target a place that Gaza needs to reach a common understanding between cultures and promotes openness and diversity,” Salem said. “We should have a hundred schools like ours in Gaza, not one.”

Israel’s sadism knows no sane boundaries.

This is further confirmed by McClatchy, who are running a story that Israeli troops killed Gaza children carrying white flag.

When they opened the door, they saw an Israeli tank parked in their garden about 10 yards away.

“We were waiting for them to give us an order,” Khaled said last week as he stood in the ruins of his home. “Then one came out of the tank and started to shoot.”

Souad Abed Rabbo said she was shot as she pushed her son back inside and her granddaughters fell on the stairs. When the shooting was over, she said, 2-year-old Amal and 7-year-old Souad were dead.

The allegation is one of at least five such white flag incidents that human rights investigators are looking into across the Gaza Strip. It’s part of a growing pattern of alleged abuses that have raised concerns that some Israeli soldiers may have committed war crimes during their 22-day military campaign in Gaza.

“The evidence we’ve gathered in two of the cases so far is exceedingly strong,” said Fred Abrahams, a senior researcher with Human Rights Watch working in the Gaza Strip. “All the research so far suggests they shot civilians that were leaving their homes with white flags.”

Along with the white flag incidents, Human Rights Watch is calling for an international investigation into widespread charges that Israel prevented medical teams from helping wounded Palestinians trapped in their homes and needlessly demolished hundreds of houses, including dozens in Ezbt Abed Rabbo.

“This was not a rogue unit,” said Abrahams. “The needless civilian deaths resulted from concrete decisions made by the military.”

Mitchell is projecting a firm stance against Olmert’s rigid demands.

Arms smuggling into Gaza must end along with Israel’s blockade of the territory if ceasefires between the pair are to hold, George Mitchell, the US envoy to the Middle East, has said.

Mitchell’s comments on Wednesday followed talks in Israel and Egypt during his tour of the region aimed at promoting what he said would be a bid for “lasting peace” between Israel and the Palestinians.

Speaking after meeting Shimon Peres, the Israeli president, and Ehud Olmert, the prime minister, Mitchell told reporters in Jerusalem there needed to be “a cessation of hostilities, an end to smuggling and re-opening of the crossings based on 2005 agreements” in order to consolidate the ceasefires.

Olmert requires the release of Shalit for borders to open – Hamas is holding to its position of linking border openings to a truce, and Shalit’s release to release of 11000 Palestinian prisoners.

Abbas appears to be making a consolidated effort, yet states the bloomin’ obvious:

Mitchell is also due to head to Ramallah in the occupied West Bank on Thursday to meet with Mahmoud Abbas, the Palestinian president, who has criticised Israel ahead of the talks.

“Today, we are convinced more than ever, especially after the aggression against Gaza, that Israel does not want peace and we are going to say so to all those who come to see us,” he said.

…

Ahmed Abul Gheit, the Egyptian foreign minister, said the talks have “evolved positively” and a “permanent” truce could be agreed in the first week of February.

He said such a ceasefire would lead to the reopening of crossing points into Gaza, where most of the 1.5 million population depend on outside aid, but which has been closed to all but basic humanitarian goods by Israel since Hamas seized power.

Hamas wants the border crossings into Gaza reopened, including the Rafah checkpoint bordering Egypt, to end the Israeli blockade in the territory.

Israel wants to stop the rocket fire and prevent Hamas fighters from using smuggling tunnels under the border with Egypt to rearm themselves with weapons.

“The Israelis’ position is extremely tough,” Phillips said.

“They are determined to show that the policy of deterrence – which they believed justified the recent attacks on Gaza – worked … It makes it a very difficult situation for Mr. Mitchell.”

Unfortunately, unless the US puts its foot down and begins withdrawing aid, it will be very easy for Israel to snub any counter offers made, create yet another pretext to resume bombing and continue with its inhuman, illegal blockade and occupation in its relentless pursuit of Palestinian expulsion and expropriation of Palestinian land.

Racist Israeli graffiti – anti-semitic because it is directed at the semitic Palestinian people.

Israeli IDF dolts fired warning shots at the French Consul General and his troupe as they were leaving Gaza – not amused, the Israeli Ambassador has been summoned.

“At the end of this visit, the convoy, which had planned to go back to Jerusalem (Al-Quds) in the evening, was blocked by the Israeli authorities for more than six hours at the Erez border crossing,” Chevallier told reporters.

“The convoy, which also included other European diplomats, had two warning shots fired at it from Israeli soldiers” he added.