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6 Teves 5764 - December 31, 2003 | Mordecai Plaut, director Published Weekly
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NEWS
Four Outposts to be Removed
by Yated Ne'eman Staff

Major General Moshe Kaplinski, Commander of the IDF's Central Region, signed an order for the removal of four unauthorized West Bank outposts. Prime Minister Ariel Sharon and Defense Minister Shaul Mofaz had signed an order a day earlier to evacuate them. The order, which carries the full authority of the government, circumvents the tedious appeals process by which residents of outposts have largely avoided the relocation or evacuation of inhabited illegal outposts.

The outposts slated for evacuation were listed as Ganot Aryeh near Ofra, Magen David near Sussiya, West Bat Ayin, and Havat Shaked near Yitzhar.

Some hailed the move as potentially historic, but both the Yesha Council of Settlements and the Left wing Peace Now organization dismissed the decision as just another of the government's "ploys," to appease American President George W. Bush.

Both Mor Yosef and Peace Now's Settlements Watch Director said that the outpost called Magen David does not even exist. Of the four, only Ganot Arieh is populated. The other two are simply bald hilltops crowned with a pair of shipping containers. One of them, Havat Shaked, said Etkes, was officially evacuated last week.

During the Herzliya Conference 10 days ago, Sharon stated that the "illegal outposts will be removed, period."

The new initiative approved by the government effectively gives the army the cabinet's full backing for evacuating illegal outposts. It shifts the evacuation orders from procedures pertaining to planning and building to the "political track."

The "political track" was approved in a decision made by a previous government, which authorized the prime minister and defense minister to declare that a site be evacuated. It has also received the approval of Attorney General Elyakim Rubinstein and Minister of Justice Yosef Lapid.

The political track only allows a formal hearing for those opposed to the evacuation as well as a petition to the High Court of Justice. An outpost that has received an evacuation order will have 10 days to clear out or appeal to the High Court. The process could extend beyond the 10 days, but not much longer, according to the Defense Ministry.

Under the other process a demolition order was filed for each illegal building, which was often extended into lengthy court battles over each disputed shack. "They could move the shipping container one meter south and the whole legal process would have to begin anew," said a source, who added that the defense establishment prefers the backing of the government for outpost removal.

The source added that the evacuation of the first four outposts could be a testing balloon for the evacuation of other "clearly illegal," settlements.

Settlers said that the decision to follow the political track proves that the legality of the outposts is not a legal matter but a political one.

NRP leader and Housing and Construction Minister Effi Eitam that the NRP would support the removal of the four unauthorized outposts if no way is found to authorize them. Eitam said, "If, in the end, after every avenue has been pursued, these outposts cannot be authorized, then we will not be able to support anything that is not legal."

Sharon made it clear in his Herzliya conference speech that illegal settlements would be removed in the near future. "One way or another," he said, "we will not remain in all those places where we are now." He stressed, however, that he was not prepared to commit to which settlements would be removed.

National Union MK Aryeh Eldad said his faction would leave the coalition if the government decides to dismantle the Migron outpost, another one that had been rumored to be slated for dismantling. The evacuation of a manned outpost will take a force of hundreds, if not thousands, of soldiers and police officers.

 

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