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Late last week the Israeli High Court of Justice issued an interim injunction, as petitioned by EcoPeace / Friends of the Earth Middle East (FoEME), ordering the Government of Israel to prove "why the route of the Separation Barrier in the Battir Village area should not be nullified or changed, and alternately why the barrier should not be reconfigured".

 

FoEME petitioned the High Court based on the expert opinion of four of the leading heritage experts in Israel, all in agreement that the barrier would prevent Battir residents from continuing their ancient cultivation practices in the terraced agricultural fields around their village, and as a result, destroy the integrity of the site. The military was unable to present a single expert opinion in support of its claim that the impact on the site would be minimal.

 

Convinced that severe damage to environmental and cultural heritage values would result if the separation barrier was to proceed as planned by the Israeli Ministry of Defense, the court reversed the onus of proof and demanded that the military now demonstrate how any barrier it proposes preserves the valley.

 

The Nature and Parks Authority of Israel played a critical role in the court proceedings by opposing the separation barrier as planned by the military and approved by the government, while agreeing with the position taken by FoEME.

 

This decision has set an important precedent. The heritage issues that we brought before the High Court managed, for the first time, to divide authorities within the same government. The injunction granted by the High Court forced the military to reconsider its presumption that security concerns automatically trump all other issues. The State needs to now negotiate seriously with FoEME and the residents of the area, and gain the support of the Nature and Parks Authority, to any alternative proposed.

 

The leadership shown by Battir residents led by the mayor of the village has proven itself. The many cross border events of the Good Water Neighbors program held with Palestinian and Israeli residents, such as walks and cycle journeys, and the beautiful concert by international musician Achinoam Nini held last December, helped place the issues facing the small village of Battir on the political map, locally and internationally. We thank all of those who took part in the events and supported the residents of Battir and FoEME in the effort to save the livelihood of the villagers, the agricultural terraces and the integrity of this site. The High Court decision could not have happened without your help.

 

FoEME will continue to work closely with the village of Battir, the owners and guardians of this unique shared terraced agricultural landscape.

 

Yours,

FoEME's Directors and Staff

 

Click here to read press coverage from the Jerusalem Post and Haaretz: