A U.S. court’s ruling sends a clear message to Israel organizations intent on suppressing advocacy for Palestinian rights / credit: Alejandro Alvarez / SIPA USA
A court in Washington, D.C., has entirely dismissed a lawsuit against the American Studies Association over its support of an academic boycott of Israel.
The lawsuit, which was filed in 2016 by Israel advocates, has now failed three separate times in court – a significant defeat for the Israel lobby’s attempt to punish scholars who back Palestinian rights.
“The court found that the claims primarily arose from advocacy on an issue of public interest and were not likely to succeed,” stated the Center for Constitutional Rights.
In a 2013 referendum, members of the American Studies Association overwhelmingly endorsed an academic boycott of Israel.
The vote followed an endorsement of the boycott by the association’s governing body.
Declaring the boycott an ethical stance, the ASA said that it “represents a principle of solidarity with scholars and students deprived of their academic freedom and an aspiration to enlarge that freedom for all, including Palestinians.”
Israel advocates within the association, however, jumped into action to persecute colleagues who dared to criticize Israel.
Using a tactic known as lawfare, in which Israel lobby groups use legal means to harass and silence supporters of Palestinian rights, the plaintiffs claimed that the boycott resolution was brought by “insurgents” within the association who attempted to “subvert and change the ASA’s purpose” into a political advocacy organization.
The plaintiffs alleged that a “cabal” of leaders from the US Campaign for the Academic and Cultural Boycott of Israel (USACBI) surreptitiously took over the ASA and used their positions on its executive committee and national council to foist the boycott resolution on the association’s unsuspecting membership, misspending ASA money in the process.
A federal court threw out a key claim in the lawsuit in 2017, ruling that the ASA’s endorsement of the boycott was not contrary to the association’s charter.
After the lawsuit was initially dismissed in 2019, the plaintiffs filed an appeal, and opened a second case in the Washington, DC Superior Court.
Later that year, the Superior Court granted the defendants’ motions to dismiss in part, but denied their anti-SLAPP motion.
SLAPP suits are intended to suppress free speech and force people or organizations into spending money defending themselves in court.
But defendants appealed the denial of that anti-SLAPP motion.
The DC Court of Appeals ordered the court to reanalyze the case, resulting in the most recent ruling, notes the Center for Constitutional Rights.
The force behind the lawsuit was the Louis D. Brandeis Center, an Israel advocacy organization that has for years worked to smear Palestine solidarity activism as anti-Semitism, and attempts to suppress it with frivolous lawsuits and bogus civil rights complaints.
The organization’s former president, attorney Kenneth Marcus, represented the plaintiffs until February 2018 – when he was appointed as the Trump administration’s top civil rights enforcer at the US Department of Education.
“The purpose of lawsuits like these are really to harass and intimidate activists who support rights anywhere, but freedom and justice in Palestine in particular,” Astha Sharma Pokharel, staff lawyer with the Center for Constitutional Rights, told The Electronic Intifada.
Along with the anti-SLAPP laws that are designed to deter these kinds of attacks, the court’s dismissal “sends a message to Palestinian rights advocates that they are supported and that the law is on their side,” Sharma Pokharel added.
‘A Losing Strategy’
The Center for Constitutional Rights represented Steven Salaita, one of the defendants targeted by this lawsuit.
In 2014, Salaita was fired by the University of Illinois at Urbana-Champaign for social media comments criticizing Israel’s assault on Gaza that year.
Salaita then found himself targeted by the lawsuit against the American Studies Association.
He told The Electronic Intifada this week that he was relieved that the DC court dismissed the lawsuit against the American Studies Association.
“It was something hanging over my head and I dislike being obliged to deal with people who deny my humanity,” Salaita said.
“I don’t know what message [Israel lawfare groups] will hear – probably nothing – but it should send them the message that it’s a losing strategy,” he said.
“More importantly, it should send them the message that even if their nonsense were to be effective according to judicial bodies in the United States, it still won’t stop anybody from agitating against the Israeli state.”
Boycotts, he added, are “designed to bypass and subvert state institutions.”
Atlantans attend a vigil memorializing slain activist Manuel “Tortuguita” or “Tort” Terán on Wednesday, January 18 / credit: Party for Socialism and Liberation-Atlanta
Editor’s Note: Light editing conformed this Peoples Dispatch article to TF’s style.
On June 7, 2021, then Atlanta city councilwoman Joyce Sheperd introduced a city ordinance to lease 381 acres of public land to the Atlanta Police Foundation for a police training facility, then budgeted at $80.6 million dollars. “To her surprise,” writes the activist group Defend the Atlanta Forest, this ordinance was met with massive public opposition.
Leading up to a meeting on June 16, 2021 of Atlanta city council’s finance executive committee, Atlanta residents called in 3 hours and 41 minutes of public comments in the form of pre-recorded messages. Most comments were in opposition to the project. Protesters showed up at Shepherd’s house during the meeting itself, chanting “No Cop City! Keep Atlanta green!” The construction of the training facility would cut down part of Atlanta’s South River Forest, which provides environmental protection against flooding and extreme heat. Shepherd quickly arranged to have police cars stationed outside of her home in response to the peaceful protest.
On September 6, 2021, Atlanta residents called in over 17 hours worth of public comment regarding the new training facility ordinance—of the 1,166 comments called in, 70 percent of them were opposed to the project. The Atlanta City Council ignored the overwhelming opposition and voted 10-4 in favor of building what activists have dubbed “Cop City.”
Cop City, if built, will contain a mock city of Atlanta, where police will practice urban warfare tactics. The facility will also include a Black Hawk helicopter landing pad, explosive testing areas, firing range, and an emergency vehicle driving course. The price tag on the project has since ballooned to $90 million dollars—$60 million to be raised by the Atlanta Police Foundation and $30 million coming from the pockets of Atlanta residents.
Atlanta has one of the largest Black populations out of U.S. cities, with almost half of Atlanta residents being African American. 18.5 percent of Atlantans live in poverty, a rate which is higher than that national average of 11.6 percent. “Operation Shield”, another Atlanta Police Foundation project launched in 2007, developed a network of 11,000 cameras and license plate readers, rendering Atlanta the most surveilled city in the country.
Defend the Atlanta Forest, a group which has emerged as a leader of the opposition to Cop City, writes, “At over 300 acres, Cop City will be the largest police training facility in the United States and is slated to include a mock city where police will train with firearms, tear gas, helicopters, and explosive devices to repress protest and mass unrest, much as they did during the 2020 George Floyd protests. Cop City will hyper-militarize law enforcement, equipping police with a site to train for the suppression of Atlanta’s diverse Black and working-class communities.”
I'm not sure people know just how bad the "cop city" project in Atlanta would be. They want a whole mock city to practice police repression. pic.twitter.com/dWTPtO7VIb
— Read Jackson Rising by @CooperationJXN (@JoshuaPHilll) January 21, 2023
Who’s Backing Cop City?
The anti-police brutality protests following the murder of George Floyd in 2020 caused a cultural shockwave, forcing the hand of even the most powerful corporations. Companies released statement after statement condemning police violence and racism. Some of those same corporations have become the most significant backers of Cop City.
Six days after the death of Floyd, shipping and retail giant Amazon tweeted, “The inequitable and brutal treatment of Black people in our country must stop.” Private logistics company UPS pledged millions of dollars towards racial justice organizations and historically Black universities following the killings of Floyd, Ahmaud Arbery, and Breonna Taylor. In 2020, Wells Fargo bank claimed that it had paused donations to police foundations.
All of these major corporations have become a part of the corporate network now backing Cop City. Other companies in this network include, but are not limited to, Inspire Brands (which includes Arby’s, Buffalo Wild Wings, Dunkin Donuts, and others), Waffle House, Chick-fil-a, JPMorgan Chase, and Home Depot. Many top executives at these companies have existing or former ties to police organizations across the country, including the Atlanta Police Foundation.
Activist Dies Fighting Cop City
Many resisting the construction of Cop City have labeled themselves “forest defenders,” in regards to the hundreds of acres of forest set to be destroyed through the building of the police training facility. One such forest defender, Tortuguita, was killed on January 18 during SWAT operations to clear up a protest camp in the Weelaunee Forest, which activists have been occupying for over a year to resist Cop City construction.
Georgia State Patrol (GSP) troopers claim that 26-year-old Tortuguita refused to exit their tent and shot at officers, injuring one. Police then responded by shooting and killing the activist. However, activists are demanding an investigation into the murder, as GSP claims there is no body camera footage and Tortuguita was not known to own or carry a gun.
Tortuguita’s death is not an outlier, and is in fact part of a pattern of criminalization of protest in Atlanta: “forest defenders” have been beaten, pepper sprayed, violently arrested, or otherwise attacked by police since June 2021.
There have been several protest actions following Tortuguita’s murder, including an explosive protest on Saturday, January 21, which right-wing officials slammed as “terrorism” due to incidents of property destruction. Infamous Georgia representative Marjorie Taylor Green published a string of tweets demanding that “BLM” and “Antifa” protesters be labeled as “domestic terrorists.”
In 2021, I called for BLM and Antifa to be declared domestic terrorist organizations.
Tonight, with the violence and rioting in Atlanta, I’m renewing that call.
We must treat these thugs just like we treat any other group using political violence to intimidate their enemies. https://t.co/sqPHQeIDbj
One of the accusations hurled at protesters by authorities is an old one: That those demonstrating are in fact not from Atlanta or are not part of the communities most affected by policing. This “outside agitator” conspiracy is identical to accusations against 2020 anti-police brutality protesters: That those opposed to police violence are not genuinely oppressed or working class, instead, they were wealthy white people looking to stir up trouble.
In response, Atlanta activists have dug up an interesting piece of information about Cop City: Almost half—43 percent—of trainees at the facility would be recruited from out of state. A massive influx of police from across the country would convene in Atlanta to learn the latest tactics in police repression. These police trainees are the true “outside agitators,” activists say, and also a reason why anyone in the United States, not only those from Atlanta, has a vested interest in fighting the construction of Cop City.
the majority of trainees at #copcity would come from outside atlanta. the offense is translocal & so our resistance must be. pic.twitter.com/6xJSUg1kQr
— cop city will never be built (@MariahforAthens) January 24, 2023
A protest in Taleex, Somalia, on January 15 / credit: Khaatumo Media Office
Editor’s Note: Light editing helped conform this article that originally appeared in Peoples Dispatch to TF’s style.
Protests against secessionist rule are spreading across the Sool region of Somaliland, the breakaway region of northern Somalia. Unionist protesters are calling for reunification with Somalia and Somali activists and observers opine that the protests might soon spread across Somaliland, questioning the legitimacy of its unrecognized claim to sovereignty, which the United States and the United Kingdom have been seeking to strengthen with recent overtures.
On Sunday, January 15, protests were reported from the Taleex city, where Somaliland’s tricolor flags were removed and replaced with the blue flags of Somalia. Taleex is about 160 kilometers northeast of the epicenter of the protests, Las Anod, Sool region’s capital city. Las Anod was captured by Somaliland from Somalia’s autonomous region of Puntland in 2007.
The protests began in the city on December 28. In an attempt to put them down, security forces killed at least 20 civilians over the following five days, before reportedly retreating to the city’s outskirts on January 5.
Somaliland’s commander of Armed Forces, Brigadier General Mahad Ambashe, has, however, indicated his intention to take back the city, saying that his troops “shall continue staying in Las Anod and Sool region to ensure law and order has been followed by residents.”
Defiant, the clan leaders of the region held a meeting in Las Anod on January 12, calling on Somaliland’s forces to withdraw from Sool, Sanaag, and Cayn (SSC), where a majority of the people have been historically opposed to secession from Somalia.
Pro-unionist troops under the command of the head of the Dhulbanate clan have taken over the city and sworn to defend it from Somaliland. “Everybody is waiting for the tribesmen in Las Anod to fully announce a war against Somaliland. And you will hear this very soon as they have formed a committee of 33 heads to come up with a roadmap to remove Somaliland from SSC,” Elham Garaad, a UK-based Somali activist whose unionist parents migrated out of Somaliland, told Peoples Dispatch.
The protests had spread to the city of Kalabaydh, 70 kilometers (43 miles) to the southwest of Las Anod, by January 12. Two days later, unionist demonstrations broke out in Xudun, 100 kilometers (62 miles) to the north of Las Anod, and in Boocame, 80 kilometers (49 miles) to its east. Protesters also took to the streets of Boocame’s neighboring Tukarak on January 15, and blocked a minister from visiting the city.
Badhaan, a city in Sanaag region, and Buuhoodle city in Cayn region, have also witnessed protests. The three regions together had formed the Sool, Sanaag, and Cayn (SSC) state of Somalia, before being forced into Somaliland by the secessionist Somali National Movement (SNM).
Waving the blue flag of Somalia, the protesters have been demanding the “right to self-determination” on the question of reuniting with Somalia, which was fractured after the civil war that ended with the collapse of its federal government in 1991.
‘Most Regions in Somaliland Oppose Secession’
“Until 1991, there was no such thing as Somaliland, except when the area was a British Protectorate,” Mohamed Olad, a Somali activist studying law in the United States, told Peoples Dispatch. “The idea of forming a country on the basis of this border of the British protectorate,” separating itself from the part of Somalia under Italian occupation, was opposed by two of the three original states of Somalia that came to be part of the self-declared Republic of Somaliland after 1991, he said.
Support for secession was largely limited to the North West state, a stronghold of the SNM, which fought in the war against Somalia’s federal government led by Mohamed Siad Barre. SSC and Awdal “have historically opposed” the notion of Somaliland, Olad explained, adding that Awdal was captured by the SNM with the help of Ethiopia during the civil war.
The SSC leaders, on the other hand, were tricked into signing an agreement on the guarantee that Somaliland would form itself into a single state within Somalia. “That agreement never included secession,” he said, adding that discontent against Somaliland’s rule has since been intensifying, and protests might also soon spread to Awdal.
Three of the four major clans—namely the Dhulbahante, Warsangeli and Gadabursi—along with the smaller Issa clan, had opposed the secession from Somalia, added Elham Garaad. Only the Isak clan, which dominated the SNM and had a strong presence in the North West state, supported the secession and formation of Somaliland. Other clans have since felt marginalized by the Isak, which wields disproportionate power in the government of Somaliland.
But currently, the “Isak themselves are divided,” Garaad said. “Gaarhajis, one of the largest tribes (under the Isak clan), has been vocal about the atrocities in the SSC region.” Defending the right of the people in SSC to be unionist, they have called on the Somaliland government to stop the killings. Garaad maintains that the current spate of protests may soon reach even Somaliland’s capital city Hargeisa, which has been a historic stronghold of the SNM’s secessionist politics, dominated by the Isak.
“SNM was led by the elite and petty bourgeoisie of the Isak clan. They have neither dealt with the class contradictions within the clan, nor succeeded in integrating other clans into the secessionist movement,” historian Mohamed Hassan told Peoples Dispatch. “While the Isak is supposed to be the ruling clan, in effect, what you have in Somaliland is a one-man rule by former army Colonel Musa Bihi Abdi, whose term had already expired in October 2022. [An] increasing number of people within the Isak clan are also supporting unionist politics.”
Somalia is among the most homogeneous countries in Africa, in terms of language and religion, explained Hassan, who is also an advisor to the head of Ethiopia’s Somali state. The clan system from feudal times, preserved under colonial administration as an essential tool for divide-and-rule, remains the key fissure exploited by imperialism to ensure Somalia remains a fractured nation, he argued.
Rising Tide of Somali Nationalism
“But hundreds of thousands from Somaliland are working and staying in Somalia,” he added. Youngsters from Somaliland make up a significant portion of Somalia’s national army. The large Somali diaspora is getting increasingly politicized and organized by international exposure. All this has contributed to a surge in Somali nationalism, he said, adding that even businessmen in Somaliland, who want a larger and integrated market, seek a unified Somalia.
The tensions between clans—whose leaders choose the MPs in most of Somalia, including in Somaliland—is only a surface manifestation of the tide of Somali nationalism churning from underneath, Hassan argued. In the face of this nationalist sentiment, Somaliland’s existence as an independent entity is facing a “crisis of legitimacy” internally, he maintains.
This crisis is accentuated by the fact that Musa Bihi Abdi’s presidential term expired last October, despite which he has continued to rule without having conducted elections yet. In September, the Somaliland Electoral Commission announced that elections cannot be held for at least nine more months due to financial and technical problems.
Opposition parties, which have 52 of the 82 seats in Somaliland’s parliament, had led protests in August demanding timely elections. At least seven people were killed and several more wounded in the crackdown on these protests. It was the assassination of a popular opposition politician, in the backdrop of a spate of killings of prominent people in the SSC region over the last decade, that triggered the protests on December 28 in Las Anod, which have snowballed into a unionist movement.
While Somaliland is thus unraveling, with internal rifts between ruling and opposition parties, mounting tensions between the clans, and sa urging unionist sentiment contesting its legitimacy, the United States and the United Kingdom have been increasingly legitimizing the secessionist state.
U.S. Military Base in Somaliland?
The then-commander of United States Africa Command (AFRICOM) General Stephen Townsend met with President Abdi in Somaliland in May, becoming the highest ranking official to visit the breakaway state, whose claims to sovereignty have no international recognition.
While not recognizing Somaliland as a sovereign state, and officially adhering to ‘One Somalia policy,’ the United States has lately made several gestures seen as a dilution of this policy. Prior to Townsend’s visit, in March 2022, the Somaliland Partnership Act was introduced in the U.S. Senate by Republicans Jim Risch and Mike Rounds, and Democrat Chris Van Hollen.
The “Biden Administration has limited itself to the confines of a ‘single Somalia’ policy at the detriment of other democratic actors in the country. In this complex time in global affairs and for the Horn of Africa, the United States should explore all possible mutually-beneficial relationships with stable and democratic partners, like Somaliland, and not limit ourselves with outdated policy approaches and diplomatic frameworks that don’t meet today’s challenges,” Jim Risch had said.
The act was signed into law by U.S. President Joe Biden on December 23, under the Fiscal 2023 National Defense Authorization Act, which was the first time a separate reference to Somaliland was made in U.S. law.
The Act commissions a feasibility study by the “Secretary of State, in consultation with the Secretary of Defense,” to determine “whether opportunities exist for greater collaboration in the pursuit of United States national security interests… with… Somaliland.”
It further seeks to identify “the practicability and advisability of improving the professionalization and capacity of security sector actors within the Federal Member States (FMS) and Somaliland.” While adding that “Nothing in this Act… may be construed to convey United States recognition of Somalia’s FMS or Somaliland as an independent entity,” it stops just short of doing that.
Somaliland’s port city of Berbera will also be one of the sites for the U.S.-led multinational 10-day military exercise scheduled to take place in February. On January 13, personnel from AFRICOM’s Combined Joint Task Force – Horn of Africa [CJTF-HOA] visited Somaliland and surveyed the Berbera port.
“Berbera is now an American military base without settling the secession issue,” former Somali Special Envoy to the United States, Abukar Arman, wrote in the Eurasia review. “Stakes have never been higher for all actors. Against that backdrop, President Muse Bihi was given the nod and wink to march on ahead to secure total control over his claimed territory by any means necessary. He was also granted the reassurance that neither the central government of Somalia nor Puntland will interfere militarily or otherwise.”
‘Oil Companies Want a Weak and Divided Somalia’
In the meantime, Genel Energy, listed in London Stock Exchange, claimed the right to explore and exploit the oil fields in Somaliland last month. The oil ministry of the federal government of Somalia has said it “categorically rejects Genel Energy plc’s claim to own petroleum rights in Somalia’s northern regions and calls upon Genel Energy plc to cease its illegal claim to own petroleum rights.”
Insisting that it is the only body authorized to grant such rights, it warned: “Any authorization granted in violation of Somalia’s laws and regulations is unlawful and would be considered null and void.”
Refuting Somalia’s Federal government, Somaliland’s secessionist government has claimed “the authority to engage foreign investors in order to explore and exploit the Republic of Somaliland’s potential hydrocarbons and mineral resources. No one other than the Somaliland government has the authority to claim or award an exploration license within Somaliland,” a statement issued on December 29 said, amid the crackdown on the protests in Las Anod.
Las Anod is also claimed by Somaliland’s neighboring Puntland, which has been an autonomous region within Somalia in dispute with Somaliland over the SSC region. On January 9, Puntland declared that it will be independent of Somalia until the Federal Constitution is finalized.
Disputes over the rights to enter into partnerships with foreign companies over oil and other natural resources are reported to be among the key reasons behind tensions between the Federal government of Somalia and Puntland.
“Oil and gas has been found across Somalia, including in Somaliland and Puntland. British capital is heavily invested. These oil companies want a weak and divided Somalia, because a strong and united country will be more difficult to exploit,” Hassan said.
Puntland’s state government maintains that the provisional federal constitution and the constitution of Puntland state allows it to act as an independent entity until the federal constitution is finalized, and all the states’ constitutions are harmonized with it.
Pointing out that Puntland has a constitutional right to be independent until the finalization of the federal constitution, Olad said it is Somaliland that has been blocking the finalization of the constitution. The federal government of Somalia, he said, should ensure that Somaliland will no longer hold the process of finalizing the constitution hostage.
However, a lack of confidence in the federal government led by President Hassan Sheikh Mohamud, who is seen as inept and pliable by western powers, is perceptible, despite the surging unionist politics and nationalist sentiment.
The federal government can truly reflect the widespread sentiment of Somali nationalism only when it is elected on the basis of one-person-one-vote, argues Olad. Former President Mohamed Abdullahi Mohamed, aka Farmajo, who had become a popular representative of Somali nationalism, had promised to break the stranglehold of the clans by implementing universal adult suffrage, but failed to do so. He lost the clan-controlled election last year, and the current government of Hassan Sheikh Mohamud has failed to materialize the aspirations of Somali nationalism.
Mohamed Hassan sums the situation up by citing [Italian communist] Antonio Gramsci: “The old is dying and the new is struggling to be born,” he says, adding that “the winds of change are most definitely blowing over all of Somalia.”
Residents of the Palestinian neighborhood, Jabal al-Mukaber, protested on March 20 the proposed demolition of their homes to make way for an expansion of a highway that would connect Israeli settler neighborhoods / credit: Jessica Buxbaum
Correction: The majority of homes to be razed were built after 1967. A previous version of this article stated otherwise.
EAST JERUSALEM—For the fifth week in a row, residents of Jabal al-Mukaber, a Palestinian neighborhood in Occupied East Jerusalem, demonstrated outside city hall against a municipal plan to demolish their homes.
Banging drums, blaring fog horns and blowing whistles, protesters demanded on March 20 that the municipality freeze 62 home demolition orders. Residents received these notices in January as part of a plan to expand the American Road, a highway cutting through Jabal al-Mukaber and largely viewed as a bypass serving illegal Israeli settlements throughout Jerusalem.
“This is a political target by the municipality to push the residents of Jabal al-Mukaber to take their stuff and live outside of Jerusalem,” said Mohamed Nas, who received a demolition order.
A map depicting the American Road as well as its proposed expansion / credit: The Middle East Eye
East Jerusalem’s ‘Urban Renewal’ Plan
The American Road was first proposed in 1996. It is named after a much narrower road U.S. contractors had abandoned midway through construction because the Six-Day War had begun in 1967. By the 2019, plans were underway to turn the rural road into an urban highway. The latest $250 million construction began in 2020.
The American Road recently was widened by 52 feet. But now plans are underway to expand the highway by another 105 feet, where the 62 houses slated for demolition are located.
An estimated 800 housing units also are being threatened with demolition to develop both sides of the highway, mostly for commercial and office use.
Sari Kronish, an architect with Israeli planning rights organization Bimkom, explained the municipality is hoping to turn the area around the American Road into an urban center. But without an adequate proportion reserved for residential use, the municipality’s urban renewal scheme fails in addressing the neighborhood’s main issue—a lack of housing.
“Equitable housing solutions are what drive the market,” Kronish said. “If we compare it to other places in the country, you have a minimum of 50 percent housing here.”
According to Kronish, residential building rights are included in this development plan, but do not allow for legalizing existing homes. Therefore, the houses in Jabal al-Mukaber will need to be razed and rebuilt into 8-floor units to meet the municipality’s new standards.
While only 62 homes in Jabal al-Mukaber have received official demolition orders, residents say municipal building plans suggest a total of 862 homes on about 94 acres are at risk of demolition because of the highway’s outlined development and proposed commercial center.
“Projects of urban renewal and evacuation and construction are being led, in cooperation and in dialogue with the residents,” said a municipality spokesperson, referencing reaching a joint compromise with the Bashir family in Jabal al-Mukaber.
However, the municipality did not respond when asked to elaborate on this agreement. Nas said any proposed settlements in Jabal al-Mukaber are false.
Israeli forces try to disperse Palestinian residents as a Palestinian building, located in Zif village, is demolished by Israel allegedly for being “unlicensed,” in Hebron, West Bank on February 15 / credit: Mamoun Wazwaz / Anadolu Agency
Denying the Right to Build
In a statement to Toward Freedom, the municipality said they will not permit illegal construction in the city. The majority of homes in Jabal al-Mukaber, and throughout East Jerusalem, lack building permits.
According to Jerusalem municipality data obtained by settlement watchdog group, Peace Now, only 16 percent of Jerusalem’s Palestinian neighborhoods received building permits from 1991 to 2018, compared to 38 percent of construction permits approved for Israeli settlements in East Jerusalem. The extreme difficulty Palestinians experience in getting construction permits forces many to build without the necessary approvals or live in homes deemed illegal.
Not only do Palestinians face a labyrinth of bureaucratic procedures when building, but a lack of available land as well. Palestinians in East Jerusalem can only build on 17 percent of the land, while 35 percent is labeled as green spaces or conservation areas. In Jabal al-Mukaber, nearly 70 percent of the land is designated as “open space.”
Mohammad Mashal, 71, received his first demolition notice in 1994. He’s paid 200,000 shekels, or $62,000, in fines over nearly three decades. Mashal consistently applied for a permit, but was always rejected. Just last month, he received another demolition order as part of the 62 cases slated for demolition.
Ahmad Akmasri, 25, explained his father built their home before 1967 and decided to extend it in 2006. In 2010, the family started applying for a permit. But, until now, no building rights have been issued.
“We’re talking about 12 years in which we paid up to 100,000 shekels [$31,000] in fees, applications for the engineers, lawyers, all of what you can imagine, and it’s still not yet done,” Akmasri said.
Akmasri’s family is also embroiled in a separate building obstacle due to the Kaminitz Law. Passed by the Israeli parliament in 2017, it allows officials unlimited power in cracking down on unauthorized building, specifically in granting extensions on demolition orders. In addition to the 62 demolition cases in Jabal al-Mukaber, 70 other cases are related to the Kaminitz Law, including Akmasri’s family. With this new legislation, the family faces yet another fine after being unable to secure an extension in 2020 over administrative issues spurred by the coronavirus pandemic.
Raed Bashir, the lawyer representing the neighborhood, submitted repeated objections to the municipal court against the demolition orders—all of which were rejected. But the movement remains steadfast as Bashir plans to submit next month an objection to Israel’s Supreme Court.
Mousa Jumah, 61, received a demolition notice about a decade ago.
“We have no rest in our life,” he said, describing a tense environment not unlike the atmosphere of the March 20 protest. “We are under pressure, and pressure leads to explosion.”
Amid the beating of drums and marching demonstrators inching closer and closer to barricaded city hall doors, Jumah captured the sentiment under the loud chanting: A sense of perpetual uncertainty.
“We have no future,” Jumah said. “We are wasted in this world.”
Jessica Buxbaum is a Jerusalem-based freelance journalist reporting on Palestine and the Israeli occupation. You can follow her on Twitter at @jess_buxbaum.
