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THE HUMAN RIGHT TO WATER IN PALESTINE 1
THE HUMAN RIGHT TO WATER IN PALESTINE
Susan Koppelman & Zayneb Alshalalfeh for LifeSource
OUR RIGHT TO WATER
2 OUR RIGHT TO WATER
About the Authors
Susan Koppelman is the Internaonal Campaigns Coordinator for LifeSource. Since the founding of the
Palesnian-led collecve, Susan has supported LifeSource in its mission to grow a popular movement for
Palesnian water jusce by focusing on research iniaves, documentary work, and internaonal advocacy
with a popular focus. Susan has a Masters degree from the University of Washington in Seale in internaonal
development and community organizing.
Zayneb Alshalalfeh is the Central Coordinator for LifeSource in the West Bank. Prior to working with
LifeSource, Zayneb worked with Miah, a Palesnian iniave for women’s rights. Zayneb is passionate about
water rights and the leadership of women in popular organizing and Palesnian society.
Cover photo by AcveSlls.org.
The maps that appear in this report have been produced by LifeSource.
This paper is one of a series of reports commissioned by the Blue Planet Project which examine the state of
the human right to water and sanitaon around the globe.
THE HUMAN RIGHT TO WATER IN PALESTINE 3
THE HUMAN RIGHT TO WATER IN PALESTINE
Susan Koppelman & Zayneb Alshalalfeh
Contents
Introducon ......................................................................................................................................... 4
Unequal Water Distribuon .................................................................................................................. 4
Understanding the Water Resources .....................................................................................................4
The Coastal Aquifer .................................................................................................................................. 4
The Mountain Aquifer and the Western Aquifer Basin ............................................................................ 5
The Jordan River ....................................................................................................................................... 5
Mekorot supply ........................................................................................................................................ 5
Israeli Violaons of the Right to Water .................................................................................................5
Occupaon ............................................................................................................................................... 5
Area C ....................................................................................................................................................... 6
The Wall ................................................................................................................................................... 7
Siege on Gaza ........................................................................................................................................... 7
Sanitaon ................................................................................................................................................. 8
Prepaid Water Meters: Water Rights Violaons by the Palesnian Authority ........................................ 8
Prepaid water meters under occupaon ................................................................................................. 9
Need for protecons for the poor .......................................................................................................... 10
Lack of opons for addional water sources ......................................................................................... 10
Extremely low consumpon .................................................................................................................. 10
Need for more research ......................................................................................................................... 10
Need for educaon ................................................................................................................................ 11
Arming the Applicability of Human Rights Legislaon ...................................................................... 11
Resistance to Violaons of the Human Right to Water and Sanitaon in Palesne .............................. 11
Human rights advocacy and reporng ................................................................................................... 12
Art .......................................................................................................................................................... 12
Civil disobedience .................................................................................................................................. 12
Rebel water infrastructure ..................................................................................................................... 12
Popular demonstraons ........................................................................................................................ 13
BDS for Palesnian water jusce............................................................................................................ 13
Youth movement in Gaza and all of historic Palesne ........................................................................... 14
Parcipaon in global networks............................................................................................................. 15
Recommendaons.............................................................................................................................. 15
Endnotes ............................................................................................................................................ 16
4 OUR RIGHT TO WATER
Introduction
New developments in the global recognion of the human right to water and sanitaon have given new momentum to
global water jusce campaigns. But can UN resoluons end the unequal water distribuon between Israel and Palesne,
and bring Israel to account for violaons of Palesnian water rights?
Israel connues to defy UN resoluons recognizing the right of return of Palesnian refugees displaced in 1948, calling
for an end to Israeli military rule of lands occupied in 19671 and many other resoluons calling on Israel to end the
demolion of Palesnian homes and conscaon of Palesnian lands in Jerusalem, and it is unlikely that new UN
resoluons alone will bring an end to Israeli violaons of Palesnians’ right to water and sanitaon.2 But UN recognion
of the right to water and sanitaon is being used as a springboard for campaigns to put real pressure on Israel to end its
violaons.
Unequal Water Distribution
Palesne is actually very rich in water resources, but unequal water distribuon is beneng Israel and Israeli selers
while Palesnians struggle for basic water access.
Palesnians have insucient access to clean piped water or local lling points. As a result many households purchase
expensive tankered water, collect water from unprotected springs and rely on harvesng rainwater during the winter.
Because there is no centralized water network with sucient water owing through it, it is dicult to calculate exact
water consumpon.
According to the World Bank, aer losses from the network, average net consumpon at the household level is 50 liters
(13.2 gallons) per person per day. This is just 50 per cent of the World Health Organizaon’s minimum recommended
daily allowance of 100 liters. To contextualize just how lile water this is, note that a quick shower uses 50 liters of water,
and it takes 9 liters (2.4 gallons) to ush the toilet.3
Almost one quarter of the communies connected to the water network receive less than 50 liters per person per day.
The World Bank also reports that, “In the southern towns, supply to 16% of people living in connected households is less
than 20 liters [5.3 gallons] per capita per day.” These extremely low consumpon gures are for communies connected
to a water network. Ten per cent of the populaon is sll not connected to a water network.4
Average Israeli domesc water consumpon is 300 liters per person per day.5 Many of Israel’s selements in the
West Bank, all of which are illegal under internaonal law, contain industries that are using and pollung local water
resources.6 Other illegal selements, parcularly in the Jordan Valley, grow water intensive agricultural products that are
exported to Europe, virtually exporng the water used to grow the produce as well.
According to a report released by Amnesty Internaonal, “The 450,000 Israeli selers, who live in the West Bank in
violaon of internaonal law, use as much or more water than the Palesnian populaon of some 2.3 million.”7
Understanding the Water Resources
The water resources available in the West Bank are very dierent from the water resources available in Gaza. The water-
rich West Bank is increasingly dependent on supply from Israel, while the water-poor Gaza has to look for its own water.
The Coastal Aquifer
In Gaza, the Coastal Aquifer is basically the only source of “freshwater,” although it is highly polluted and the salinity level
is sharply increasing. Up to 95 per cent of the 116 municipal supply wells in Gaza that tap into the aquifer produce water
that isn’t t for human consumpon.8 Since 2005 Israel has damaged or destroyed more than 300 wells in a “buer zone”
unilaterally imposed by Israel inside of the territory of Gaza.9 Currently the people of Gaza must desalinate the brackish
water supplied by municipal wells, but the ongoing siege levied by Israel and the internaonal community is prevenng
entry of parts, chemicals and materials needed to properly treat the water so that it may be drinkable.
It is important to note that, according to internaonal water law, Gaza has a right to an equitable and reasonable share
THE HUMAN RIGHT TO WATER IN PALESTINE 5
of water from the Coastal Aquifer within Israel. Also, it is important to note that Gaza is a city and is best supplied like
other cies. Most cies, like New York, London, Geneva or Jerusalem (all of which have far more humid climates), are
not supplied from within city boundaries. Yet for years Israel’s posion has been that the city of Gaza ought to focus on
highly expensive, unsustainable, easily disrupted and un-ecological fossil fuel-red desalinaon plants. The Palesnian
Authority’s posion in recent years has been conforming to this Israeli posion, despite the advice of hydrological
experts and Palesnian rights under internaonal law.
The Mountain Aquifer and the Western Aquifer Basin
In contrast, the West Bank lies in a mostly sub-humid climate where bounful rainfall provides for high groundwater
recharge rates into the shared Mountain Aquifer, which consists of three basins – the Eastern, North-Eastern and
Western Aquifer basins. Among these three basins the Western Aquifer Basin, or Western Aquifer, is the purest and
most abundant groundwater reserve in the region. Israel has prevented Palesnians from drilling a single new well in the
Western Aquifer since 1967.
According to a World Bank study, “about 85% of the recharge of the Western Aquifer is in the West Bank.”10 But the
Israeli military is liming Palesnians to a mere six per cent of this precious resource. If Palesnians had access to only
half of the sustainable yield of this aquifer, Palesnians’ total water supply in the West Bank would double.11
The Jordan River
Israel controls 100 per cent of the waters of the Jordan River.12 Israel diverts the lower Jordan River to Israel’s coastal
plain and then to the Negev desert in the south, with major repercussions today for the health of the ecosystem,13
peace in the region and access to water for many Palesnians and Jordanians,14 who have depended on this resource for
centuries. In the 1967 Six-Day War and shortly aerwards, Israel destroyed or conscated all 140 pumping staons on
the east and west banks of the Jordan River.15
Mekorot supply
Palesnians in the West Bank purchase more than half of their domesc water supply from the Israeli naonal water
company Mekorot. Mekorot also supplies the vast majority of water consumed by illegal selements from wells inside
of Israel and from the 42 wells that it controls and operates in the West Bank in violaon of internaonal law. Being
dependent on water supply from Israel leaves Palesnians in a highly vulnerable posion. Mekorot frequently cuts water
supply to Palesnian villages and neighborhoods. While it is true that Israel is selling Palesnians far more water than
it is obligated according to the water component of the 1995 Oslo II Agreement (Arcle 40), it is also true that Israel is
prevenng Palesnians from developing addional quanes of water from new Palesnian wells approved under Oslo.16
Israel’s obstrucon of Palesnian water development has forced Palesnians into a state of dependence on purchasing
water from Israel.
Israeli Violations of the Right to Water
Israeli violaons of the right to water and sanitaon take a number of dierent forms. An overview of the occupaon,
Area C, the Wall, and the siege on Gaza will serve to illustrate some of these dierent violaons. The sanitaon situaon
is very telling as well.
Occupation
With the beginning of the 1967 occupaon, Israel issued a series of military orders claiming that all of the region’s water
resources belonged to Israel and prevenng Palesnians from drilling wells or even seng up irrigaon systems.17 Israel
also began drilling in the West Bank in violaon of the Fourth Geneva Convenon, which prohibits use of resources
within occupied territory for the benet of an occupier’s cizens. Sll, today, as the occupaon approaches its 45th
year, Israel is bureaucracally obstrucng new Palesnian wells and networks, and demolishing Palesnian water
infrastructure with bulldozers and during military incursions. Israel also connues to drill deep wells that lower the water
table and cause exisng wells to be less producve, or dry up altogether.
The 1993-95 Oslo “Peace” Accords only served to legimize Israel’s military orders. For all intents and purposes, all of the
6 OUR RIGHT TO WATER
policies stayed the same. The Israeli military commander sll has nal say over all water and sanitaon development in
the West Bank. Today, a so-called “Joint Water Commiee” (JWC) occasionally approves water or sanitaon projects18 —
though only some of the approved projects are allowed to be implemented.
The World Bank reported in April 2009 that only 50 per cent of the projects presented to the Commiee had been
approved, and only one-third implemented. 19 Furthermore, “106 water projects and 12 large scale wastewater projects
are awaing JWC approval, some of them since 1999.”20 These gures do not include the many projects that are no
longer brought to the Commiee because it is clear that the occupaon would not allow them. Since 1967, despite there
being a “joint” water commiee, Israel has not approved a single new Palesnian well in the Western Aquifer.21
Area C
In the West Bank, Israel connues to zone 61 per cent of
internaonally recognized Palesnian territory as “Area C”
and o-limits to Palesnian development of any kind,22 while
Israeli selements connue to sprout up with water and
sewage networks. The fact that Area C meanders between
and around enclaves where Palesnians are permied limited
development means that Palesnians are prevented by Israeli
restricons imposed in Area C from developing regional water
conveyance networks to improve water supply in Palesnian
enclaves. Even simple water projects that are not in Area C are
impacted by restricons on workers and equipment passing
through Area C.
Area C weaves throughout the West Bank transforming
Palesnian populated areas into a series of enclaves that
are cut o from one another and oen from agricultural
land and water resources outside of municipal areas. These
disconnected enclaves are also aptly referred to as Bantustans,
a term derived from the name of the territories set aside for
black inhabitants of South Africa under apartheid and now
used to describe a region that lacks legimacy. Ninety per cent
of the Jordan Valley is o-limits to Palesnian development,
while illegal selements in the Jordan Valley export water-
intensive crops such as grapes, dates and owers to Europe.
Sixty thousand Palesnians are prevented from construcng
water connecons in their homes.23 Households that do not
have a tap must rely on transporng water. Tankered water
costs up to 12 mes as much as water from the tap and carries
increased risk of water-borne disease.24
Israel rounely destroys rainwater-harvesng cisterns
that farmers use to irrigate small patches of land and that
shepherds depend on for providing their herds with water. In 2011, Israel demolished a cistern in the village of Susia that
dated back to Roman mes, displacing the families that depended on it for survival. Israel’s demolion of Palesnian
water infrastructure increased this past year, bringing total demolions of water and sanitaon infrastructure since
2009 to over 100 structures in the West Bank alone.25 Special Rapporteur on the human right to safe drinking water and
sanitaon, Catarina de Albuquerque, underscored the importance of addressing these demolions in a news release by
the Oce of the High Commissioner for Human Rights.26
While many organizaons are bringing media aenon to Israeli restricons and demolions in Area C, few are
challenging Israel’s policy of demolion directly on the ground. Internaonal humanitarian and development
organizaons for the most part are following Israeli policy in Area C in order to avoid having their projects demolished or
other repercussions from Israel. With rare excepons, organizaons only implement projects in the other 39 per cent of
Israel considers 61% of the occupied West Bank to be Area C and
o-limits to Palesnians despite many UN Resoluons urging
Israel to end its occupaon of the West Bank
THE HUMAN RIGHT TO WATER IN PALESTINE 7
the West Bank, which is already overcrowded. In doing so, well-meaning organizaons are actually creang incenves for
Palesnians in 61 per cent of the West Bank to abandon their land and relocate to the overcrowded Bantustans where
they may have more aordable and more reliable water access.
The Wall
In 2002 Israel began to construct a segregaon barrier,
referred to by many as the “Apartheid Wall.” It impacts
Palesnians’ current access to water, but more importantly
will have a much greater impact on future access if it becomes
an internaonally recognized border. Alternately composed
of 7-meter high concrete slabs, razor wire and a 50 to
100-meter-wide array of fences, patrol roads and ditches, in
places it is twice the size of the Berlin Wall. The route of the
Wall meanders both near and far from the internaonally
recognized 1949 Armisce Demarcaon Line, or Green Line,
between Israel and occupied Palesnian territory, at mes
jung far into the West Bank, grabbing Palesnian land and
water to “Israel’s side” of the Wall. The Wall grabs Palesnian
wells, springs and cisterns that Palesnians have depended
on for centuries. The Wall is also designed to capture most
of the few future potenal Palesnian abstracon zones of
the Western Aquifer. Only a relavely narrow strip along the
Green Line has producve condions because the slopes
and mountains are unproducve. The Wall stands to cut
Palesnians o from areas that would yield an addional
90 million cubic meters annually.27 Compare this amount to
Palesnians’ total current water supply in the West Bank,
which is just 180 million cubic meters according to the Israeli
Water Authority.28
Today Israel dominates the Western Aquifer by prevenng
Palesnians from drilling new wells, imposing quotas on
exisng Palesnian wells and drilling many very deep wells
on Israel’s side of the Green Line for Israeli use. Israel’s
deep producve wells tap into the Western Aquifer almost
exclusively from within Israeli territory, compared to less than
a handful of Israeli wells accessing the Western Aquifer from inside Palesnian territory. If the Wall becomes the new
internaonally recognized border between Israel and Palesne, then Israel will have pre-empted negoaons over an
increase in Palesnian shares and abstracons in this shared basin. Israel will retain near-exclusive control of this basin
and its benets, even though it is recharged largely inside the West Bank. Thus it would be able to prevent Palesnians
from accessing signicant reserves in the Western Aquifer even aer the formal military occupaon is over.
Siege on Gaza
Israel’s siege on Gaza prevents the entry of spare parts, materials and energy needed for the day-to-day funconing of
the water and wastewater networks, and furthermore obstructs much needed development of these systems.
The harsh reality imposed by the siege has been made worse by repeated Israeli military oensives, the worst being
the Gaza War of 2008–09.29 Over the span of just 23 days, Israeli military killed 1,400 Palesnians and intenonally
targeted and destroyed wells, pipes, wastewater facilies, water reservoirs and the main power staon,30 causing
an esmated $6 million USD of damage to water and sanitaon infrastructure.31 Those responsible for Israel’s use of
collecve punishment and disproporonate force are yet to be brought to jusce.32 The ongoing siege interferes with
reconstrucon.
Israel has drilled 42 wells in the West Bank in violaon of
internaonal law, and Israel is overdrawing the Western Aquifer
beyond its agreed upon allocaon from within Israel
8 OUR RIGHT TO WATER
Sanitation
The sanitaon situaon in Gaza seems to be on track to improve, as a wastewater treatment project approved in 2004 is
praccally the only project in Gaza receiving access to materials through crossings from Israel. Scheduled to be complete
in 2014, the project will treat about half of Gaza City’s sewage. All sanitaon projects in Gaza had been on hold unl
the past year as a result of the ongoing siege, which has been restricng entry of needed parts and materials, and also
due to Israeli military oensives, which destroy completed work and make it dicult for workers to connue with new
construcon. In 2003, construcon of a planned regional desalinaon plant halted when one of the workers was killed.
For years Gazans have been lobbying to get access to the materials they need to upgrade emergency projects to be able
to fully treat their wastewater and re-inltrate the treated water into the ground to improve the health of the depleted
aquifer. The current project will be the rst project in Gaza with inltraon basins, while other wastewater treatment
plants release euents into the sea. Israel began facilitang the current project again, despite the siege, aer studies
showed that untreated and parally treated sewage released into the sea from Gaza was being detected at the Ashkelon
desalinaon plant located 12.5 kms (7.8 miles) directly north of Gaza.33
In the West Bank there is a lack of wastewater treatment facilies due to Israeli obstrucon through the use of
bureaucracy and its military. Israeli leaders have claimed that Palesnians are waging a “sewage infada” on Israel.
The Israeli Water Authority states that the lack of treatment facilies “illustrates the lack of interest on their part to
treat wastewater.”34 But the World Bank lists 12 wastewater treatment facilies pending Israeli/Joint Water Commiee
approval – 10 of these projects were brought to the Commiee in the 1990s and were pending approval for 15 years.
Adel Yasin, who represents the Palesnians at the Joint Water Commiee in negoang permits for wastewater projects,
explains how, meeng by meeng, year aer year, the Israeli side asks the engineers to make changes to the plans for
“security reasons.” The Palesnian side complies each me, by moving the route of the trunkline, for example, but then
at the next meeng the Israeli side insists on a new change.
In one case, the Joint Water Commiee actually approved the Salt wastewater treatment facility. It was permied and
tendered, but in the rst month of construcon the military declared the site a closed military zone and shut the project
down. In the end, Israel paid the contractor a 1 million shekel selement, adming its guilt.
Only 30 per cent of Palesnian communies in the West Bank are connected to a sewage network.35 Many households
use cesspits, pung domesc water supply at risk of contaminaon. Water supply is also at risk as a result of domesc
and industrial sewage originang from Israeli selements.36
Prepaid Water Meters: Water Rights Violations by the Palestinian Authority
Within the context of Israeli human rights violaons and the increasing interconnectedness of the Palesnian Authority
with the occupaon and donor states, there is a major issue on the horizon. This issue concerns the recent and
increasing commodicaon of water, which may be seng the stage for the privazaon of water resources in Palesne.
In 2007 Salam Fayyad’s caretaker government released the Palesnian Reform and Development Program (PRDP),
authored by the Brish and the World Bank.37 The main focus of the PRDP is infrastructure repair and improved service
delivery in the short term, to ensure “that public infrastructure and ulies are managed on a commercially oriented and
nancially viable basis and ... [to] increase the level of private sector investment and parcipaon in infrastructure and
ulies.”38 The PRDP champions prepaid electricity meters, and alludes to prepaid water meters.39
Salam Fayyad and his Council of Ministers, operang unelected in their roles since 2007, have been promong the pro-
privazaon neoliberal agenda of the World Bank. Neoliberalism seeks to promote open markets and maximize the role
of the private sector in determining global polical and economic priories.40 Pressuring Palesne to open their borders
to the Israeli economy and to integrate Israel into the regional economy is a major priority of Israel, the U.S., Britain
and the World Bank. This has already been happening for some me.41 Supporng the commodicaon of water and
prepaid water meters as a way to “recover costs” or, worse yet, set the stage for prot-seeking ventures is an extreme
interpretaon of the neoliberal doctrine.
Prepaid water meters t all too neatly into the PRDP’s plan to develop local infrastructure with donor money and then
turning it over for private prot.42 Services and people are likely to suer. We’ve seen this same horror story in too
many countries, both poor and rich. Under the guise of humanitarianism, donor money is invested, water networks are
THE HUMAN RIGHT TO WATER IN PALESTINE 9
upgraded, service is improved and consumers are sased, and then the private sector leaps in and reduces services,
and public investment becomes private prot.
Prepaid water meters have been implemented in two areas in the north of the West Bank. These communies, like many
other communies throughout the West Bank, have developed large debts by failing to collect payment from cizens
for water supplied by the Israeli naonal water company. In 2009, following support from internaonal donors, the
Palesnian naonal bulk water ulity and the Palesnian Ministry of Finance reached an agreement that some villages
would have all of their development projects frozen by the Ministry of Finance – including upgrades to water networks,
roads and schools – unless the local councils began paying.
These communies, like many Palesnians, get most of their water from the West Bank Water Department (WBWD),
which is a water ulity directly connected to the Israeli naonal water company Mekorot. Failure to collect payment for
water bills from cizens has translated into large debts to the WBWD for the supply of Mekorot water. The Palesnian
Water Authority (PWA) reports that Palesnian local councils’ debt for water reached 600 million shekels (approximately
$158 million USD) in 2009.43 Israel has transferred these debts from Mekorot and the WBWD to the Palesnian Authority
by deducng the total debt from Israel’s collecon of Palesnians’ value-added taxes (VATs) owed to Palesnians.
Despite the fact that the root of the problem lies in the occupaon and its manufacturing of a powerless and dependent
economy, the neoliberal authority determined that the local councils would pay their debts.
Faced with pressure to either schedule debt payment or forfeit all public infrastructure upgrades, local councils and
mayors began applying to the Council of Ministers for permission to implement prepaid water meters. Prepaid electricity
meters have been implemented throughout the West Bank since 200444 and increasingly so since the PRDP was released
in 2007. The mayor of the rst village to apply for prepaid water meters reasoned that if there are prepaid electricity
meters, surely there must be prepaid water meters – and he was right. He got permission from the Council of Ministers
and entered into a contract with the Turkish company Elektromed for both prepaid electricity and prepaid water meters.
Construcon was nearly completed before the PWA held a meeng to discuss the issue with local players.45 By this me,
a second regional council of 11 small villages in West Jenin had already applied and received permission to implement
prepaid water meters as well. The PWA agreed at the meeng that it would be irresponsible to implement prepaid water
meters without a study to evaluate the social and economic eects, as well as the appropriate technical requirements for
the meters.
In an announcement published in the newspaper AlQuds in June 2009, the PWA explained that prepaid water meters
were being allowed on a trial basis only in these two communies to examine “the social and economic eects, and the
people’s acceptance in order to know the advantages and disadvantages of these meters.”46 The Council of Ministers
contradicted this posion, issuing a series of resoluons allowing local councils to implement prepaid water meters, and
the Council of Ministers even decided to subsidize these projects by paying 50 per cent of the cost of the meters.
More than two-and-a-half years have passed, and the PWA has not yet begun the study on the social and economic
eects that it announced should be completed in about a year’s me. At the request of the Council of Ministers, the PWA
completed a study on the dra technical requirements with the Palesnian Ministry of Local Government.47 The PWA’s
posion now is that they will conduct a study on the social and economic eects only if the Council of Ministers requests
one as well.
There is clearly a need for more research on the economic, social and cultural eects of prepaid water meters, as well
as their legality under Palesnian law.48 From the perspecve of LifeSource, a Palesnian organizaon working at the
grassroots to grow a popular movement for the right to water, it is important that addional research is carried out by a
team well-versed in human rights in general, and in economic, social and cultural rights in parcular. LifeSource recently
conducted a small study revealing violaons of the human right to water, and poinng to some pressing needs. Below
are some of the most important issues from LifeSource’s study and from the work done so far.
Prepaid water meters under occupation
Many people interviewed believed that prepaid water meters were not appropriate for Palesne because of the
polical situaon, parcularly following the Second Infada with its increases in closures and concurrent eects on the
economy.49 If there is a curfew, consumers will not get their basic rights and services. A curfew in the village of Awarta, in
Nablus, meant that for several days people were forbidden by the army from leaving their homes. During this incursion
10 OUR RIGHT TO WATER
there was no way for people to get electricity if they ran out of credit. The Minister of Energy admied: “We made a
mistake by not using smart prepaid electricity meters.”50
Need for protections for the poor
In a workshop hosted by the Palesnian Hydrology Group (PHG) in June 2011, PHG explained that they are against
prepaid water meters because with the prepaid system, people cannot access water if they cannot aord it. Meanwhile,
the rich will consume high quanes of water, increasing the consumpon gap between the rich and the poor, and water
will become a commodity. LifeSource’s study conrmed this. LifeSource’s study revealed a range in consumpon from
14 liters per person per day (family of seven using three cubic meters per month) to 116 liters per person per day (family
of four using 14 cubic meters per month). LifeSource’s ndings provide evidence that a number of households in these
areas are living in extreme poverty and face extra hardship aer being forced to use prepaid water meters.
LifeSource’s study also conrmed what every other study has revealed: that there are no protecons in place for
households in extreme poverty. It has been more than two years since prepaid water meters were rst implemented.
While proponents are pushing to implement prepaid water meters in more and more communies, protecons for
the poor and vulnerable have yet to be implemented.51 From interviews with dierent stakeholders it is clear that
human rights acvists will need to be involved in developing these protecons in order to ensure that cizens are not
sacricing dignity for their human right to water. Of course from LifeSource’s perspecve, free basic water for all people
is preferable to any system that singles out people living in poverty.
In Palesne, prepaid systems are being forced on cizens without giving them a choice.52 Once a local council gets
permission from the Council of Ministers to replace the meters, all meters are replaced, whether or not cizens agree.
This is a violaon of cizens’ right to self-determinaon.
Lack of options for additional water sources
Proponents point out that in emergency cases, people can get three or ve cubic meters credit to be paid at their next
recharge – the amount is dierent in the two villages. The director of the West Jenin Service Council also adds: “There is
a tap in every village where people can ll jerry cans for free if they can’t pay.” In our survey, none of the cizens in either
village knew of such a tap, and they don’t believe it is true.
Extremely low consumption
According to the director of the West Jenin Service Council, water consumpon per person per day remained constant
at 27 liters. This is extremely low. The World Health Organizaon’s minimum recommended daily allowance is 100
liters. The director explains that the amount of water the villages receive now is the same as the amount received
prior to changing the meters. According to his theory, which is also supported by many residents, with the old system
some families used water without conserving, consuming more than 27 liters per person, and some families were
going without water because the ow didn’t reach all of the households. He reasons that now water is reaching all
of the households because families are being more careful to conserve, and now everyone is geng 27 liters a day.
Representaves of the PWA also touted prepaid water meters as a water conservaon mechanism. While water
conservaon is a valuable principle, it is extremely problemac to look at a community that receives less than 50 liters
per person per day due to human rights violaons commied by an occupying power, and suggest that the soluon is
conservaon and improving bill collecon.
Need for more research
The majority of cizens do not know the quanty of water they consume each month or the price they are paying per
cubic meter, but, with the excepon of those living in extreme poverty, they are generally sased with their level of
supply following the change to prepaid meters. Forty-ve per cent of those surveyed knew the total cost they were
paying each month.53 The majority of respondents were women who were not the household member responsible for
paying the bills.54 Further research is needed to independently measure the quanty of water actually consumed in each
household and to assess people’s lifestyles to see if families really are consuming only 27 liters per person per day or less
– and to beer understand what sacrices people are making.
Also, it is suspect that supply to the villages was the same before and aer the prepaid water meters were introduced. Of
THE HUMAN RIGHT TO WATER IN PALESTINE 11
course, it goes without saying that someone who is accustomed to using 27 liters per person per day is sased as long
as this supply connues, but it does not line up that people who were consuming 50 liters per person per day with the
old meters would be sased using even less.55
Need for education
People are going to be in favour of whichever system provides them with the best service and accords them their human
rights. Many people do not see that having to prepay for water is a violaon of their human rights. Educang people
about their human right to water and sanitaon is an important prerequisite to consumer sasfacon studies.
It is also important to encourage people to think through the implicaons of water privazaon and to make the
connecons between prepaid water meters and water privazaon so that they can take an informed posion.
The Palesnian Hydrology Group (PHG) recommends from their 2009 study on prepaid water meters in Jaroshiya that:
“The water sector, and especially drinking and domesc use water, should not be privazed and should be provided by
the government, with monitoring and evaluaon to guarantee the durability of the supply and the reach of it to the poor
families” (translated from Arabic).
LifeSource adds that prepaid water meters must be prevented now in order to avert the privazaon of water in
Palesne in the future.
LifeSource invites others to review the LifeSource study and to connue to research this topic more. The Palesnian
Society for Consumer Protecon has been extremely proacve and consistent on this issue, demonstrang exceponal
leadership and vision. The PHG has shown some strong leadership as well.
LifeSource plans to work with these groups and others to use this study as a basis for popular educaon, popular
research and popular acon to build alliances within Palesne and to connect with a global solidarity movement to resist
prepaid water meters and water privazaon.
Afrming the Applicability of Human Rights Legislation
Israel refers to the occupied Palesnian territory as “disputed territory” and insists that it is not occupying the territory
according to internaonal law. Israel furthermore claims that it is not responsible for the human rights of Palesnians,
parcularly in areas under Palesnian control. But the UN and the Internaonal Court of Jusce (ICJ) disagree.56
The UN Human Rights Commiee is clear that “State party’s obligaons under the Covenant apply to all territories and
populaons under its eecve control. The Commiee repeats its posion that even in a situaon of armed conict
or occupaon, fundamental human rights must be respected and that economic, social and cultural rights, as part of
the minimum standards of human rights, are guaranteed under customary internaonal law and are also prescribed by
internaonal humanitarian law. Moreover, the applicability of rules of humanitarian law does not by itself impede the
applicaon of the Covenant or the accountability of the State under Arcle 2 (1) for the acons of its agents.”57
The UN Commiee on Economic, Social and Cultural Rights noted that it was “parcularly concerned about limited
access to and distribuon and availability of water for Palesnians in the occupied territories, as a result of inequitable
management, extracon and distribuon of shared water resources, which are predominantly under Israeli control.”58
The UN Commiee on the Eliminaon of Racial Discriminaon similarly called on Israel to “ensure equal access to water
resources for all without any discriminaon.”59
Israel and the Palesnian Authority both have obligaons to respect, protect and fulll the human rights of Palesnians
to clean drinking water and adequate sanitaon.
Resistance to Violations of the Human Right to Water and Sanitation in Palestine
Resistance to these violaons has taken a number of forms, from popular demonstraons in protest, to refusal to pay
Mekorot bills, to “illegal connecons,” art, boycos, reporng and human rights advocacy.
12 OUR RIGHT TO WATER
Human rights advocacy and reporting
Amnesty Internaonal spotlighted Israeli violaons of the human right to water and sanitaon in its report Troubled
Waters: Palesnians Denied Fair Access to Water released October 2009. Harper’s published a feature on “Israel’s Water
War With Palesne,” in December 2011. The rst major report to bring Israeli violaons of the human right to water to
center stage was actually a World Bank report published April 2009. This report was published just as the rst prepaid
water meters were being implemented in Palesne. The report, tled “Assessment of Restricons on Palesnian Water
Sector Development,” was in fact not about the human right to water at all. However, in assessing Israeli restricons on
Palesnian water and sanitaon development, likely with a vision toward privazing water supply, the report detailed
agrant human rights violaons and has been an asset to groups organizing to resist these violaons.
Organizaons, coalions, communies and individuals have submied reports to UN agencies conducng normal
reviews of member states’ compliance with human rights convenons. When Israel was up for review in 2010 for their
compliance with the Internaonal Covenant on Civil and Polical Rights, and again in 2011 concerning the Internaonal
Covenant on Economic, Social and Cultural Rights, the UN agencies had many reports and adavits to consider. In
both reviews, Israel was found to be in violaon of the human right to water and sanitaon. It is unlikely that UN
recommendaons will be put into pracce without considerable pressure.
Art
A number of Palesnian arsts feature the water and sanitaon crisis in their work. The Palesnian hip hop arsts DAM,
who are discriminated against as Palesnians inside of Israel, rap in Hebrew about Israel’s denial of sanitaon services
to Arab neighborhoods as a tool for displacement: “Health care centers – surrounded by sewage / Kindergarten –
surrounded by sewage / There’s no excuse for this / It’s just the city doesn’t care about Arabs / Because the government
has a wish: / Maximum Jews – on maximum land / Minimum Arabs – on minimum land.” This parcular song is called
“Born Here.”
There have been a number of prominent mural projects in the West Bank and Gaza depicng Palesnians’ struggle
for their right to water. The rst was a project that arose out of a LifeSource workshop with youth in Jabalya camp in
northern Gaza, and was featured on Al Jazeera. The Maia Mural Brigade co-created a number of murals with youth
depicng water themes at schools in the Gaza Strip, where water puricaon systems installed by the Middle East
Children’s Alliance are providing clean drinking water to 30,000 children. Some of the gra on the Wall represenng
freedom of expression and resistance also captures the restricons placed on water access.
There are many lms arully depicng the water situaon, including Rima Issa’s Drying Up Palesne, Pietro Bellorini’s
Filling Point60 and others.
Civil disobedience
Palesnians have a vibrant spirit of civil disobedience and non-violent resistance dang back to the First Infada (1987
to 1993) and earlier61. The First Infada is oen remembered by violent images of unarmed Palesnians throwing stones
at armored tanks. In fact, most of the resistance taccs of the First Infada were nonviolent, and they brought Israel to
the negoang table. These included general strikes, boycos on Israeli products, burning ID cards, refusal to pay taxes,
barricades and gra.
Today a number of Palesnian villages, parcularly in the Jordan Valley, refuse to pay their water bills as an act of civil
disobedience to protest Israel’s illegal wells that have dried up their wells.62 But when Palesnian local councils don’t
pay for water purchased from the Israeli naonal water company Mekorot, Israel deducts the amount from the VATs it
collects on behalf of the Palesnian Authority, and Israel gets the money in the end.
Rebel water infrastructure
“Illegal water connecons,” or “rebel water infrastructure,” are another form of civil disobedience. In response to Israel’s
prevenon of Palesnians’ access to sucient quanes of water, some Palesnians are taking water meant for the
illegal selements. Illegal connecons may also aect Palesnian wells. In recent years, Mekorot has been charging the
Palesnian Authority for unauthorized use of water in Area C, even though Palesnians have no authority in Area C and
are prevented from connecng communies to local springs and lling points.
In 2010, the United States Agency for Internaonal Development (USAID) replaced a major pipeline in the south of the
West Bank to get rid of all of the illegal connecons on it and to make it more dicult for Palesnians to take addional
quanes of water. Prepaid water meters also have mechanisms to prevent water the.
In 2009, LifeSource supported communies in the Jordan Valley in receiving water from Palesnian wells and pipes using
permied agricultural pipes. These projects did not technically need Israeli permission by virtue of the sources and the
materials that were chosen. However, there are plenty of instances of Israel conscang or destroying plasc agricultural
pipes or demolishing ancient cisterns that do not need Israeli permission. Of the two 2009 LifeSource projects, one is sll
providing water to about 30 families. The other was destroyed, along with the enre village.
This type of resistance is extremely risky, and it is important to coordinate it in such a way that access to water for
other Palesnian communies is not negavely aected, water resources are protected, and individuals, communies
or villages cannot be singled out for retribuon by Israel or the Palesnian Authority. It is possible that these projects
may no longer be strategic if Israel is sure to place the burden on Palesnian coers and deduct the quanes from
Palesnian allowances.
Popular demonstrations
Palesne has become famous for its popular demonstraons during the First Infada and its ongoing popular
demonstraons today. A number of villages host weekly demonstraons against the Apartheid Wall to resist the the of
their land and water resources. Bili’in63 and Budrus64 may be the most famous due to their successes in reroung the Wall
and their portrayal in lms and the media. Jayyous, another well-known Palesnian village, protested the route of the
Wall, which isolated all six of the groundwater wells on their land onto Israel’s side of the Wall, along with 72 per cent
of their land. Jayyous was successful in moving the Wall to take less land and in geng permission to use one of their
wells behind the Wall, but all wells remained behind the Wall.65 Weekly demonstraons in Nabi Saleh march symbolically
toward the village’s freshwater spring, located on the other side of the Wall. Leaders of these demonstraons
are frequently imprisoned by Israel under allegaons of “incitement.” Israel uses disproporonate force at these
demonstraons, and connues to use weapons that are not permied by the Israeli military commander or in a manner
that doesn’t t the army’s internal code.66
Demonstraons for water have a long history in Palesne. We’ve recently witnessed spontaneous demonstraons in
Bethlehem when Dheisheh refugee camp went into their second, third and fourth weeks of straight water cuts.67 In other
areas, altercaons have broken out when Israel has tried to impose a curfew on Palesnians who had been waing all
day to ll up their water tanks at a lling point. Demonstraons against the Palesnian Water Authority have become
increasingly common in recent years.
BDS for Palestinian water justice
The movement for Boyco, Divestment and Sancons (BDS) arose from a 2005 call from Palesnian civil society for
those in solidarity with the Palesnian people to use BDS to pressure Israel and companies prong from the occupaon
to comply with internaonal law and to respect human rights. This call came following the ICJ ruling that the Wall is
illegal and must be dismantled. According to the ICJ ruling, other countries are obligated to impose sancons on Israel
unl Israel complies with this ruling, yet most countries are sll not doing so. BDS has become a rallying call for those
distressed by Israeli impunity and by the inability of UN resoluons and the ICJ ruling on their own to hold Israel to
account. BDS has received increased momentum following the 2008-09 Gaza War. BDS is a nonviolent tool and is one of
the mechanisms credited with ending Apartheid in South Africa.
LifeSource has a program called “BDS for Palesnian Water Jusce,” supporng boyco campaigns globally with facts and
messaging concerning Israel’s violaons of the human right to water and sanitaon. The goal is for acvists to use this
informaon in popular educaon, targeted campaigns and global movement building to end these violaons. LifeSource
also leads a boyco of Israeli boled water and juice in the West Bank.
Eden Springs boles water in the occupied Golan Heights for prot, and this same company sells water throughout
Europe.68 Israeli water boling companies prot from Israel’s appropriaon of Palesnian and Syrian water resources.
Meanwhile, Palesnians are denied sucient water and must purchase either tankered water – with increased cost
and risk of waterborne disease – or boled water, which costs even more. LifeSource supported the London School of
THE HUMAN RIGHT TO WATER IN PALESTINE 13
14 OUR RIGHT TO WATER
Economics in their successful campaign to boyco Eden Springs water on their campus in 2010.
Carmel-Agrexco used to be Israel’s leading exporter of agricultural products before they went under, due in part
to successful boyco campaigns in Italy, France and Britain. Carmel-Agrexco exported water-intensive crops from
large agricultural selements in the Jordan Valley, while Israel conscated water pumps, destroyed water pipes and
demolished enre communies. The Mehadrin Group has replaced Carmel-Agrexco as Israel’s largest agricultural
enterprise exporng water intensive crops to Europe, and as a target for BDS. Mehadrin operates 19 wells in the coastal
and mountain aquifers to supply water to Israeli farmers, and supplies millions of cubic meters of drinking water for
domesc consumpon in Israel through Mekorot,69 while Palesnians are consistently denied their equitable and
reasonable share.
Mekorot has been responsible for water rights violaons since the 1950s when it built Israel’s naonal water carrier,
which is diverng the Jordan River from the West Bank and Jordan to serve Israeli communies along the coast and in
the southern desert. In 1982 Mekorot purchased all Palesnian water infrastructure being controlled by Israel’s military
commander for one symbolic shekel. For years Mekorot has been cung o water supply to enre Palesnian villages
and serving illegal Israeli selements without disrupon. Today, Palesnian villages that are supplied water by Mekorot
are the ones receiving the greatest pressure to adopt prepaid water meters, which are increasing the consumpon gap
between the rich and the poor. Mekorot is prong from signicant contracts in Portugal, Argenna and elsewhere,
despite these violaons.
Veolia Water is a leading privazer of water globally, buying up our shared water commons for private prot. Veolia
has more than 389 water and sanitaon contracts in the U.S. alone, serving “approximately 14 million people in 600
communies.”70 Veolia is a permanent operator in 67 countries, supplying 100 million people with drinking water
worldwide.71 There are countless stories of Veolia failing to deliver on its water and sanitaon contracts, while sll
collecng public money. Veolia is also acve in public transportaon and solid waste disposal.
Veolia has the contract with Israel for the controversial Jerusalem Light Rail project, which is connecng illegal Israeli
selements to West Jerusalem. Veolia buses also discriminate against Palesnians in their service to the selements,
denying service to Palesnians. Veolia has a landll in the Jordan Valley that is dumping garbage from Israel in occupied
Palesnian territory in violaon of the Fourth Geneva Convenon. LifeSource research helped break the story that waste
being brought to the landll originated inside Israel.72
LifeSource is acve in supporng a boyco against Veolia even though Veolia has no water or sanitaon contracts in
occupied Palesnian territory at this me. However, LifeSource is against the privazaon of water and sees that this
campaign can bring together water rights acvists and Palesnian solidarity acvists to support each other in both the
local and global struggle.
These boyco campaigns are both a pressure tacc and educaonal. As global cizens in an increasingly interconnected
world, our acons at home and our choices in which products we buy and which government contracts we allow or resist
have direct implicaons on the freedom of our brothers and sisters to live in dignity, with access to clean drinking water
and adequate sanitaon.
Youth movement in Gaza and all of historic Palestine
The youth movement throughout historic Palesne holds a lot of promise for unity, economic freedom and water jusce.
Arising as part of the Arab Spring in March 2011, the Palesne Youth Movement used facebook as a tool early on in their
development to communicate and build a common voice. They then began meeng face-to-face, as polical boundaries
allowed.
The primary aim of the Palesne Youth Movement is unity between all polical pares, primarily Fatah and Hamas.
The youth are also hungry for economic opportunity and social freedom.73 The right to water is already part of their
messaging, as they see that there is no drinking water in their homes, that drinking water is expensive, and that this
expense puts a lot of stress on families. Palesnian unity is an important factor in maintaining a healthy climate for the
joint struggle for water. A common struggle for water may also bring cizens together.
Popular iniaves on the ground, however, require a lot of bravery due to the polical situaon.74 In the West Bank,
Gaza and Israel there is a lot of polical repression from the Fatah government, the Hamas government and the Israeli
THE HUMAN RIGHT TO WATER IN PALESTINE 15
government. In each of these territories, acvists crical of the local government or crical of Israel are targeted, and
media are silenced. People face beangs, other violent “crowd dispersion” techniques or other forms of retribuon. This
makes organizing in Palesne very dicult and all the more important. Despite the tumultuous polical situaon, these
brave youth remain steadfast in their patrioc and spiritual pursuit of unity and jusce.
Participation in global networks
Parcipaon in global networks and movements is a solid way of following through on a commitment to solidarity and
joint struggle. Global networks also provide an opportunity to share lessons learned.
LifeSource is planning a lm fesval for the right to water in Palesne, featuring lms and popular leaders from dierent
local struggles for the right to water from around the world – from Cochabamba, to South Africa, to Mexico, to India, to
First Naons, to Palesne.
Global solidarity is an important tool for ending the impunity of powerful States and non-State actors.
Recommendations
The human rights violaons speak for themselves.
The way forward is through popular research, popular educaon and popular acon rooted in the principle of global
solidarity.
UN ndings that Israel is violang the human right to water and sanitaon are already being used as a springboard for
acon.
It is the recommendaon of this report that global cizens connue boyco, divestment and sancons and other
forms of resistance that are proving successful in building a global movement, with the aim of generang a global
consensus around defying Israel’s illegal restricons on Palesnian water and sanitaon development. This would
include establishing a viable port at Gaza, drilling wells in the Western Aquifer, freely construcng water and sanitaon
infrastructure in Area C, and ending Israeli impunity for human rights violaons, including the human right to water and
sanitaon.
The movement for boyco, divestment and sancons is also an important way to enforce corporate accountability for
human rights violaons, such as the demolion of water infrastructure rounely carried out with Caterpillar, Volvo and
Hyundai bulldozers, and water cuts by the Israeli naonal water company Mekorot, which is receiving lucrave research
and development contracts worldwide.
Furthermore, it is recommended that humanitarian organizaons and donors support Palesnians with the resources
and cover that they need to drill wells in the Western Aquifer and construct a port at Gaza. Also, agencies should
immediately begin construcon of water networks, reservoirs and lling points in the 61 per cent of internaonally
recognized Palesnian territory in the West Bank labelled “Area C” to protect the human right to water and right to life
for the vulnerable communies living there.
Finally, Palesnians and the Palesnian Authority should play a lead role in asserng Palesnians’ rights to the Western
Aquifer, the Jordan River and a share of the Coastal Aquifer inside Israel, along with the Palesnian Authority’s right to
provide water and sanitaon to Palesnians in all of internaonally recognized Palesnian territory. It is recommended
that the Palesnian Authority reject prepaid water meters and align itself in solidarity with a global movement for
recognion of the human right to water and sanitaon, including water for all, regardless of ability to pay.
16 OUR RIGHT TO WATER
Endnotes
1 UN Resoluon 194 recognizes Palesnian refugees’ right of return; UN Resoluon 242 calls for an end to the occupaon.
2 Israel has deed or is defying many of the 224 UN resoluons directly concerning Israel issued over the course of nearly 45 years. A complete
list of the 224 resoluons may be found here: hp://en.wikipedia.org/wiki/List_of_United_Naons_resoluons_concerning_Israel
3 50 litres for a quick shower and 9 litres to ush a toilet are conservave esmates from Yotam Feldman and Uri Blau’s arcle in Ha’aretz
Magazine, “A dry and thirsty land” (August 14, 2009). These numbers originally came from a pamphlet published by the Israeli Water Authority.
Other esmates for compariston: the water usage calculator at hp://www.csgnetwork.com/waterusagecalc.html says a ve-minute shower
with a standard shower head ow rate of 3.8 consumes 19 gallons (72 liters) of water, a standard toilet takes ve gallons (18.9 liters) of water
to ush and a reduced-ush toilet takes 1.6 gallons (six liters). According to hp://www.uswitch.com/water/how-much-water-use, a standard
shower is 80 liters and a standard ush is eight liters.
4 Average network water losses are 34 per cent. This contributes to the low consumpon gure. World Bank, “Assessment of Restricons on
Palesnian Water Sector Development,” 2009, p. 17.
5 Israeli water consumpon includes freshwater and desalinated seawater. Recycled wastewater is used signicantly as well in the agriculture
sector.
6 B’Tselem, “Foul Play: Israel’s Neglect of Wastewater Treatment in the West Bank,” 2009.
7 Amnesty Internaonal, “Troubled Waters: Palesnians Denied Fair Access to Water,” October 2010, p. 4.
8 Today, the chloride levels are greater than 250 mg/l. It is important to note that the Brish Hydrological Service observed overpumping of the
Coastal Aquifer in 1933 before the territory became overcrowded as a result of the 1948 War.
9 United Naons Oce for the Coordinaon of Humanitarian Aairs, “Between the Fence and a Hard Place: The Humanitarian Impact of Israeli-
Imposed Restricons on Access to Land and Sea in the Gaza Strip,” August 2010. hp://www.ochaopt.org/documents/ocha_opt_special_
focus_2010_08_19_english.pdf
10 World Bank, 2009, p. 35.
11 The “esmated potenal” of the Western Aquifer at the me of Oslo was 362 million cubic metres. According to the Israeli Water Authority,
total water supply to Palesnians today is 180 million cubic metres annually in the West Bank. Israel Water Authority, “ The Issue of Water
Between Israel and the Palesnians,” April 2009, p. 15.
12 The diversion of the Jordan River is a central feature of Israel’s Naonal Water Carrier. Mekorot, the Israeli naonal water company, was the
contractor for this project, completed in 1957.
13 Jordan, Syria and Lebanon are diverng tributaries to the Jordan River within their territories, which is also contribung to the reducon in
ow of the Jordan River.
14 Although Israel is occupying Syrian territory to control the Jordan River system, including the Sea of Galilee and its tributaries in the Golan
Heights, Israel’s diversion of the Jordan River doesn’t have a major impact on access to water in Syria.
15 Palesnian Authority Department of Environment, “Right to Water in the Arab Occupied Territories,” 2006, p.2; and, Alice Gray,
“Environmental Dimensions of Zionism in the Negev and West Bank,” Babylon Journal on the Middle East and North Africa, vol. 5, September
2007.
16 Israel agreed to allow Palesnians to develop addional quanes of water as “immediate needs” to be realized before the year 2000, as well
as “future needs.” Although Israel is indeed selling Palesnians more than they are obligated to sell, it is also the case that lile over half of the
addional quanes that Palesnians were promised to be able to develop as “immediate needs” have actually been realized today, and Israel is
currently withholding approval for 82 well drilling projects that would allow Palesnians the quanes approved under Oslo. World Bank, 2009,
p. 36.
17 August 15, 1967 Military Order No. 92: water considered a strategic resource belonging to Israel. Military Order No. 158 of 1967: it is not
permissible for any person to set up or to assemble or to possess or to operate a water installaon unless a license has been obtained from the
area commander. This order applies to all wells and irrigaon installaons. The area commander can refuse to grant any license without the
need for juscaon. Military Order No. 291 and No. 457 of 1972, 484 of 1972, 494 of 1972, 715 of 1977 and 1376 of 1991: to achieve complete
control over Palesnian water resources.
18 “Amongst the well drilling projects not approved by JWC or sll pending JWC or CA [Civil Administraon] approval, were 82 well drilling
projects which were presented by the PWA as part of the agreed quantum under Arcle 40.” World Bank, 2009, p. 49.
19 “Out of the $121 million of projects presented to JWC in the 2001-2008 period, 50% by value ($60.4 million) have been approved, and one
third have been implemented or begun implementaon.” World Bank, 2009, p. ix.
20 World Bank, 2009, p. ix.
21 The one excepon is in Azzun, in Qalqilya district, where under special circumstances a “replacement well” was allowed on condion that the
original well be shut down.
THE HUMAN RIGHT TO WATER IN PALESTINE 17
22 Area C was established as part of the Oslo II accords.
23 OCHA, “Restricng Space: The Planning Regime Applied by Israel in Area C of the West Bank: Special Focus,” December 2009. Also in EWASH
Fact Sheet 5: Access to Water, Sanitaon and Hygiene in Area C, “The Water, Sanitaon and Hygiene (WASH) cluster in the oPt esmates that
60,000 of those living in Area C are not connected to a water network.”
24 “up to twelve mes as much as water from the tap” calculated using gures from the WASH rapid assessment water scarcity data from July
2011, collected by UNICEF.
25 Diakonia, “Israel’s Administrave Destrucon of Cisterns in Area C LEGAL Brief,” September 2011.
26 “‘At least 20 cisterns and 12 wells have been demolished since the beginning of 2011, aecng access to drinking water for tens of thousands
of Palesnians,’ underscored the Special Rapporteur on the human right to safe drinking water and sanitaon, Catarina de Albuquerque.”
OHCHR, September 27, 2011. West Bank: Demolions and Aacks Against Palesnians Must Stop – UN Experts. News Release.
27 Clemens Messerschmid, “The Last Sip: Water Crisis in Palesne [Arabic publicaon],” 2011, p. 6.
28 Israel Water Authority, “The Issue of Water Between Israel and the Palesnians,” April 2009, p. 15.
29 Also known as Operaon Cast Lead, which was the Israeli army’s name for its military operaon.
30 The United Naons Fact Finding Mission on the Gaza Conict found that water and sanitaon resources and infrastructure were intenonally
targeted by Israel. “Report of the United Naons Fact Finding Mission on the Gaza Conict,” para. 1023, UN Doc. A/HRC/12/48, September 15,
2009.
31 Coastal Municipalies Water Ulity, Damage Assessment Report: Water and Waste Water Infrastructure and Facilies, January 2009,
p. 5. Quoted in LifeSource “Israel’s military bombardment and ongoing siege of Gaza is threatening residents with a water and sanitaon
catastrophe,” January 2009.
32 The UN Fact Finding Mission on the Gaza Conict found that Israel’s military operaon was directed at the people of Gaza as a whole,
amounng to collecve punishment, in a deliberate policy of disproporonate force aimed at the civilian populaon.
33 United Naons Environment Programme, “Environmental Assessment of the Gaza Strip: Following the Escalaon of Hoslies in December
2008 – January 2009,” 2009.
34 Israel Water Authority, “The Issue of Water Between Israel and the Palesnians,” April 2009, p.13.
35 World Bank, 2009, p. 20.
36 B’Tselem, “Foul Play: Israel’s Neglect of Wastewater Treatment in the West Bank,” 2009.
37 The PRDP is a map for public sector involvement. Its stated guiding principles include supporng and sustaining “the steadfast determinaon
of the Palesnian people to remain on their land and to connue to pursue their livelihoods and build their naon, not succumbing to the
pressures placed upon them by the Occupaon” (p. 4) and the protecon of human rights, vulnerable groups, religious tolerance and gender
equality. However, the 140 page document is really about one goal, to “create an enabling environment for a free and open market economy.”
Throughout the text, Palesnian sovereignty and control is discussed in terms of increasing private sector involvement. A prime example of this
is: “The culture of non payment which, along with other factors described above [namely, ‘lack of sovereignty and control’, ‘polical instability
and poor security,’ ‘territorial fragmentaon,’ ‘instuonal capacity and coordinaon,’ and ‘donor dependency’ are all] ... a powerful disincenve
to private sector parcipaon in the sector” (p. 82). There is no menon that all of these issues contribute to human rights violaons.
38 PRDP, p. 83.
39 The PRDP boldly promotes the implementaon of 300,000 prepaid electricity meters by 2010. Although it does not discuss prepaid water
meters specically, the PRDP discusses at length the problem of lack of payment of water and promotes “enforcement measures such as a
requirement for cizens to present a ‘cercate of payment’ of ulity bills in order to receive public services,” specifying meanwhile that, “these
measures will be accompanied by provisions to ensure connued access to ulies and other services for those suering extreme poverty.”
PRDP, p. 43.
40 hp://en.wikipedia.org/wiki/Neoliberalism
41 Agreement by Palesnian leaders to support Israeli integraon into the regional market began with the Israel–PLO Protocol on Economic
Relaons of 1994. Pressure on Palesnian leadership can be traced back to the Madrid Conference in 1991.
42 Coincidentally or not, the World Bank’s April 2009 report on Assessment of Restricons on Palesnian Water Sector Development was
released at the same me that construcon of the rst prepaid water meters in Palesne was completed.
43 AlQuds newspaper, February 27, 2009, p. 21.
44 Norwegians had already introduced prepaid electricity meters to Palesne in 2004. Scanteam Analysts and Advisors, “Review of Norwegian
Assistance to the Energy Sector, the Palesnian Territories,” March 2004.
45 AlQuds newspaper, February 27, 2009, p. 21.
18 OUR RIGHT TO WATER
46 On June 2, 2009, the PWA issued an announcement in the paper stang that the “PWA did not decide to use this type of meter yet. It will
do an experimental study on the ground for a specic me period. The study will show the social and economic eects, and the people’s
acceptance.” AlQuds newspaper, June 2, 2009, p. 15. Then, six days later the PWA announced that they would begin a study, that they expected
the study to take one year, and that in order “to make this study PWA approves the use of these meters in two areas, Jaroshiya and West Jenin
villages.” AlQuds newspaper, June 8, 2009, p. 8.
47 To date we know of only two completed studies considering the social and economic eects of prepaid water meters: a very simple report
based on an interview with the mayor and nine consumers in Jaroshiya conducted by the Palesnian Hydrology Group, August–September 2009;
and an excellent study on West Jenin conducted by Fayez Abu-Hilou and Ayman Jarrar, who both happen to work at the Projects Management
Unit of the Palesnian Water Authority, and who embarked on this research independently aer geng interested through their work. They
presented their results at a conference for Arab Water Week in Amman in December 2010. Today the only ocial study on prepaid water meters
is one completed by the PWA and the Palesnian Ministry of Local Government, a dra technical requirements study requested by the Council
of Ministers. In order to nalize this study, prepaid water meters will need to be implemented in more areas with the dra technical standards.
48 According to Civil Procedure and Palesnian Trade Law No. 2 for the year 2001, Arcle 112, “it’s the right of customer to complain in front of
the court if the water service was cut, regardless the reason.” According to Ahmed Bishtawi from the PWA legal department, the interpretaon
of this law is that the judge will ask that the water be turned back on for the consumer immediately, before even looking at the reason for the
cut. Even if the consumer is found guilty, the judgement can never be cung the water supply. Currently there are no penales for cung water
supply.
49 Interview with Ehab Bargouthi, Consumer Protecon Society.
50 Fayez Abu-Hilou and Ayman Jarrar, “Prepaid Water Meters, a Maer of Debate: Assessment Study for a Pilot Project in the Palesnian Water
Sector,” December 2010.
51 According to a study by the Palesnian Hydrology Group, the Prime Minister sent the mayor of Jaroshiya a memo in 2009 asking him to pay for
families living in extreme poverty. But this was never implemented. In June 2010 the Council of Ministers issued Resoluon (F.S/O.M/31/51/03)
stang that the Ministry of Social Aairs was preparing a study called “the strategy of cash transfer” to develop a program for providing
governmental support to people who cannot aord water using the social security mechanism. The Ministry of Social Aairs has not yet
established this program.
52 Cizens who chose to abandon the regular meters earlier may be the only cizens who had been given a choice. They had disconnected their
water meter to avoid paying the minimum connecon fee while water wasn’t reaching their home. These cizens were using expensive and risky
water tankers in the interim and have been happy to have water delivered to their homes for a fracon of the cost. There is no monthly charge
with the prepaid meters.
53 LifeSource learned the cost was six shekels per cubic metre and was able to calculate consumpon based on this.
54 This gure is expected to be higher if those responsible for paying the bills were surveyed.
55 Israel has already made a name for itself with its water games. In the village of Qarawa Beni Zayid in 2009, Israel led the PWA and the WBWD
to believe that it was not reducing water supply. But when LifeSource invesgated, LifeSource learned that although annual supply increased,
Mekorot was in fact supplying excessive quanes in the winter when the community relied on rainwater harvesng. In the summer the
community was receiving a quarter of the supply it had received just three years prior (LifeSource data and press release, “In protest of Israeli
Water Authority and Mekorot policies,” April 2009). Israel’s ocial response was that the months of low supply during the summer were in fact
normal supply but the meter was broken. According to the WBWD, Mekorot rounely replaces meters aer months of low supply and this is
sucient to absolve Mekorot of responsibility for reducing supply (LifeSource interview with Khalil Ghabeesh, Director of WBWD, 2008).
56 “UN General Assembly and Security Council resoluons such as Resoluon 242 and Resoluon 338 do not follow Israel’s legal interpretaon
and consider the oPt to be under belligerent (hosle) occupaon.” Diakonia website arcle: hp://www.diakonia.se/sa/node.asp?node=940
57 EWASH Parallel Report to ICESCR, p. 23.
58 UN Commiee on Economic, Social and Cultural Rights, Concluding Observaons of the Commiee on Economic Social and Cultural Rights:
Israel, 2003. UN doc.E/C.12/1/Add.90., para. 26.
59 UN Commiee on the Eliminaon of Racial Discriminaon, Concluding Observaons of the Commiee on the Eliminaon of Racial
Discriminaon: Israel, 2007. UN Doc. CERD/C/ISR/CO/13, para. 35.
60 Watch this 15 minute lm online: www.lifesource.ps/llingpoint
61 For example, the six-month general strike of 1936.
62 “At Bardala, in the North Eastern corner of Tubas Governorate, eight Palesnian wells were constructed before 1967 for domesc and
agricultural purposes, with depths ranging from 30 to 65 meters. Aer the 1967 war, Israel constructed two deep wells (Bardala 1 in 1968 and
Bardala 2 in 1979) a few hundred meters from the Palesnian wells. The water level in the Palesnian wells dropped at the rate of 2 meters a
year, and salinity increased. Now the Palesnian wells are dry, as are most of the local springs used by Palesnian consumers for domesc and
agricultural purposes.
“At Fasayil in Jericho governorate, Israel has drilled six producon wells. The yield of the single Palesnian well in the area has fallen to zero, and
the formerly abundant local springs have dried up.
THE HUMAN RIGHT TO WATER IN PALESTINE 19
“At Auja, the very producve Auja spring, which formerly discharged up to 9 MCM a year, has dried up for months on end through the acon of
ve nearby Israeli producon wells. A formerly water- abundant village is now buying back water from nearby selements.” World Bank, 2009,
p. 12.
63 Bili’in won a ruling of the Israeli Supreme Court to move the route of the Wall to conscate less land.
64 Budrus is now famous for their joint grassroots struggle and their success in reroung the Wall, thanks to the lm Budrus by director Julia
Bacha.
65 On military incursions into Jayyous, Israel has threatened to cut the village’s water and electricity if they don’t cooperate. If Jayyous had a well
inside the village boundaries, Israel couldn’t carry this threat out as easily. However, there are also cases of Palesnians being shot or beaten for
trying to get water while under curfew. (From a private interview with a resident of Bar, near Bethlehem, brutally beaten when he was trying to
get water for his sick infant brother. Their father later built a cistern and named it aer his son, who thankfully survived.)
66 These include shoong rubber-coated lead bullets less than 50 meters from demonstrators, ring regular teargas canisters at less than a 45
degree angle and using high velocity teargas canisters, which are designed for certain taccal situaons to blow through a wall and then release
teargas, and which have been ruled inappropriate for crowd dispersal by the Israeli army itself. Inappropriate use of these canisters have caused
countless casuales, including Palesnian Bassem Abu Rahmeh, who was killed in 2009 when one hit his chest, and Tristan Anderson of Oakland,
California, who is suering from brain damage, paralysis and seizures aer he was hit in the head by a canister at a 2009 demonstraon.
67 Ma’an News Agency, “Water cuts in Dheishe Camp exceed 25 days” [translated from Arabic], September 28, 2011. Also: Al Watan Voice,
“People in Hebron call for the dismissal of the manager of the Palesnian Water Authority, Shaddad Ali” [translated from Arabic], August 21,
2010. hp://www.alwatanvoice.com/arabic/news/2010/08/21/153141.html
68 Note: Same company, but boled from local sources.
69 The Mehadrin Group company prole as part of “Dun’s 100 Israel’s Largest Enterprises.” hp://duns100.dundb.co.il/ts.cgi?tsscript=comp_
eng&duns=600019582
70 “600-plus communies served; 190-plus wastewater treatment plants operated and maintained; 90-plus water treatment plants operated and
maintained; 74 industrial wastewater treatment facilies; 35 industrial water treatment facilies; 2,900 employees in North America; More than
2.2 billion gallons of water and wastewater treated everyday; Services to approximately 14 million people in 600 communies,” from hp://
www.veoliawater.com/about/locaons/united-states.htm. Visit the following website to see if they are acve in your community (U.S. residents
only): hp://www.globalexchange.org/economicacvism/veolia/contracts
71 hp://www.veoliawater.com/about/key-gures/#c87f2013z1
72 Who Prots, “Veolia’s Involvement in the Occupied Jordan Valley – An Update,” October 10, 2011. hp://www.whoprots.org/content/
veolias-involvement-occupied-jordan-valley-%E2%80%93-update
73 Frankly, the youth want to have normal young adult social lives, they want to date regardless of which facon the other’s family comes from,
they want to have spare change to buy a coee, and they want to be able to listen to loud music and dance.
74 In March 2011, youth in Gaza passed out owers door-to-door to cizens and to police ocers as a token of forgiveness and unity, but the
police responded with brutality.
For more information contact:
The Blue Planet Project
700-170 Laurier Ave. West
Ottawa, ON, K1P 5V5
1-800-387-7177
blueplanetproject.net / canadians.org
March, 2012
