'No other government as committed to settlers as mine'

Prime Minister Benjamin Netanyahu on Wednesday vowed that his government would bolster the settlement enterprise, after successfully defeating a bill that would have bypassed a court order to evacuate 30 families from the Beit El neighborhood of Ulpana Hill.

Netanyahu, who said the so-called outpost arrangement bill would have inflicted irreparable harm on Israel and put it in legal jeopardy because it denied private Palestinian landowners their claim on their property, told his right-wing allies that constructing settlements should not come at the expense of the rule of law and said his plans to relocate the homes strikes the right balance between staying within the law and strengthening the settlement enterprise. The High Court of Justice ruled that the government must demolish the disputed buildings, situated in Beit El's Ulpana neighborhood, by July 1, as they had been built on privately owned Palestinian land.

"We are not eager to move the homes, but the court rendered its ruling and we honor the judiciary's decisions," Netanyahu told reporters after the Knesset voted down the bill, effectively paving the way for Netanyahu to relocate the five disputed apartment blocks. "We are not strangers in Beit El; we are not strangers in Judea and Samaria; this is the land of our patriarchs. This is where our identity was formed. I say this here in Jerusalem, the capital of Israel, and I say this everywhere in the world. Israel is a democratic state, where the rule of law serves as the foundation of our liberty. The State of Israel is a law-abiding democracy and as the prime minister of Israel I am committed to enforcing the law and am I committed to safeguarding the settlement enterprise, and I tell you that there is no contradiction between the two. The draft law that was rejected today in the Knesset would have hurt the settlement enterprise whereas the plan that I have introduced — which will expand the Beit El community, move the homes and prevent the case from serving as a legal precedent — strengthens the settlement effort."

Netanyahu hopes his promise of accelerated construction of hundreds of new housing units will demonstrate his solidarity with the settler community. Beit El would see about 300 new homes out of a total of 851 that are to be built in Judea and Samaria communities in the coming months. Attorney-General Yehuda Weinstein also gave his stamp of approval to the plan Wednesday, and green-lighted the state's decision to reject similar evacuations in the future in favor of compensation to the would-be Palestinian landowners (the state has been criticized for vowing to demolish the Ulpana homes in 2011, a promise that ultimately led to the mandatory court order). The relocation plan also calls for the creation of a ministerial committee headed by the prime minister to oversee the state's response to court petitions related to settlement construction. Weinstein also wrote a legal opinion saying that the evacuation cannot serve as a legal precedent. This would prevent legal experts from citing the Ulpana case if similar cases come before the High Court of Justice.

"I tell those who think they can use the judicial system to hurt settlement, that they are mistaken, because in practice, the exact opposite will take place," Netanyahu said at Wednesday's press conference. "Instead of shrinking Beit El — Beit El will be expanded; instead of hurting the settlement enterprise, it will be strengthened." Referring to the affected settlers as "my brothers and sisters," Netanyahu said he sympathizes with them. "I feel your pain and a I share it. No other government has been as supportive of the settlement enterprise as my government. No other government has withstood such heavy pressures that could have hurt settlements; you must realize that we are faced with a very complex diplomatic, national and legal environment. And in this complex reality, one must navigate wisely and responsibly."

By torpedoing the bill, Netanyahu scored a double victory. Earlier Wednesday he received the legal go-ahead from Weinstein to move the homes of the Ulpana outpost elsewhere in Beit El. After threatening to fire any cabinet member who votes for the bill, the measure was defeated by a landslide majority of 69 MKs to 22. Had it been approved, the bill would have allowed Palestinian landowners to demand their land back if it had been used for settlement construction, but if they fail to claim the land and prove ownership after a certain period, they would be denied that right and would only be offered compensation.

The U.S. State Department meanwhile condemned Netanyahu's decision to build more settlement units. "We’re very clear that continued Israeli settlement activity in the West Bank undermines peace efforts and contradicts Israeli commitments and obligations, including the 2003 Road Map," State Department spokesperson Mark Toner said on Wednesday.

"Our position on settlements remains unchanged. We do not accept the legitimacy of continued Israeli settlement activity. And we want to see these parties — both parties, rather — refrain from these kinds of actions and to get back into negotiations."

In the run-up to the vote, tempers flared in the Knesset, with hundreds of Judea and Samaria residents observing from the gallery. MK Zevulun Orlev (New National Religious Party), one of the sponsors of the controversial bill, attacked the government for over blowing the legal threat posed by the passage of the measure. "Just like a magician pulls a rabbit out of their hat, the prime minister and the ministers suddenly claim that the State of Israel would face a legal predicament on the world stage," Zevulun said, referring to Netanyahu's recent statements warning that the approving the bill might taint the entire settlement enterprise by allegedly flouting international law. Responding on behalf of the government MK Ze'ev Binyamin (Benny) Begin (Likud) said the law would not hold water, even if it passes. "This is not a court bypass bill; rather, it will make the High Court of Justice defunct as it retroactively overturns a court decision." MKs on the right repeatedly interjected Begin's comments. MK Michael Ben Ari (National Union) had to be escorted out of the Knesset plenum.

Ministers Yuli Edelstein (Likud) and Daniel Hershkowitz, (New National Religious Party), who threatened to defy Netanyahu's orders by supporting the bill, eventually fell in line, albeit by not showing up for the vote, as did deputy ministers Gila Gamliel (Likud) and Ayoob Kara (Likud) and Shas ministers Eli Yishai, Ariel Atias, Meshulam Nahari and Yakov Margi and deputy minister Yitzhak Cohen.

Outside, hundreds of right-wing activists tried to block roads and clashed with police. Five were arrested. After the bill was defeated, several protesters tried to block the main gate of the Knesset but were subsequently arrested by riot police and the Knesset Guard. In Jerusalem's Beit Hakerem neighborhood, several activists lit a garbage dumpster and placed it on the pavement, which temporarily stopped the operation of the light rail system.

Settler leaders held a press conference after the Knesset vote. Gathering at a protest tent pitched in front of the High Court of Justice, they said the efforts to resist the evacuation will now shift to the grass-root level. Yehuda Yifrach, one of the protest leaders, who lives at the disputed Samaria outpost of Amona, attacked the government for not living up to its promises. "Today Netanyahu's government was exposed as lame and disgraceful and did not pass its test." Danny Dayan, the head of the Yesha Council [a council representing the settler communities in Judea and Samaria] also condemned the Knesset's actions. "The government and the Knesset made a decision today on values and morals; this is not just about politics," Dayan said. "It [the government] faced two options: construction and development vs. destruction and expulsion; it chose the bad option." Dayan called on the general public to stop the evacuation by congregating at the Ulpana neighborhood. "We will not give up one home and one room; just like Tel Aviv and Raanana residents would defend their homes when they are seized unjustifiably, we are going to defend the homes in the Ulpana neighborhood."

Meanwhile, Israel Radio reported Thursday that government officials hope to avoid a forceful evacuation of the Ulpana homes and will try to convince Ulpana residents to move to prefabricated homes until the relocation is complete. According to the report, officials believe taking apart and transporting the five buildings to their new locations could take about a year and may cost about 14 million shekels ($3.6 million).

The impending evacuation has law enforcement officials concerned over additional riots on the right and even "price tag" attacks, the term used to describe vandalism and harassment by young settlers who wish to protest government actions or terrorists attacks. Over the past year, several suspected price tag attacks were carried out against military bases, mosques and Arab property in the West Bank. On Wednesday, some 40 right-wing activists staged demonstrations in the Ramat Gilad outpost in Samaria, reacting to rumors that the government planned to destroy to unauthorized buildings there. The demonstrators reportedly hurled rocks at Border Police officers who had been patrolling the area.

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