Policy Paper Draft 1 Kwon

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Palestinians’ Water Insecurity TA: Andrew Gregory Hansen Intended Audience: Israeli Government Officials

Abstract Although the Israel-Palestine conflict is multi-faceted, a pressing issue that needs addressing is Palestinians’ unequal access to water in territories occupied by Israel. The difficulty in accessing water for Palestinians stem from the lack of water infrastructure and disproportionate water sharing laws enacted by Israel. Because of the inequity in water allocation, the livelihoods of Palestinians are slowly being broken. This policy paper begins by tracing the origins of the affair and how it led to where we are today. With the causes of the problem in mind, I propose two policy options. The first revolves around building up Palestinians’ water infrastructure to allow for the ease of access to water and increased inventory. The second requires repealing established arrangements that gives Israel a stranglehold on the water supply in the region. This two-pronged approach assures that the problem is attacked from all angles. Introduction The current conflict between Israel and Palestine can trace its roots back to the mid-20 th century. The Jews wanted to establish a homeland for themselves in Palestine, a Muslim majority territory at the time. Soon after the establishment of the State of Israel, two major wars broke out: the 1948 Arab-Israeli War and the 1967 Six-Day War. The Six Day War was especially important because the conflict concluded with Israel seizing control of the Sinai Peninsula, the Gaza Strip, the West Bank, and East Jerusalem. The multitude of complications surrounding the conflict finds its roots here. Having now annexed most of the region, Israel laid hands on the various water supplies in the territories. This paved the way for the unequal access to water in the region today. Israel is currently utilizing about eighty percent of the water in the region while the Palestinians can only

access the remaining twenty percent. This is compounded by the fact that the twenty percent of water is coming from one source as Israel does not allow for Palestinians to use water from the various different water resources. In addition, Israel has made it unnecessarily difficult for Palestinians in occupied territories to build and repair water and sanitation infrastructure that would ease access. To remedy the unequal access to water, I propose two policies that work best when imposed simultaneously. The first policy option addresses the lack of infrastructure. The Israeli government must prioritize the construction of Palestinian water projects. To do so, they should transfer authority over permits back to the Palestinians. In the meantime, permits should be granted for any projects that meet all the requirements without discrimination. The second option addresses repealing unfair water sharing agreements, particularly the 1995 Oslo accords. The accords allowed for Israel to decide how the water will be allocated and thus allowed for themselves to siphon as much of it as possible. To ensure the problem and all its facets are eliminated, both polices must be pursued jointly. The remainder of this paper will go in depth on the various aspects of the problem and its consequences, before detailing the recommended course of action. Israel’s Occupation of Water Defining the Problem A key problem that needs addressing before the Israel – Palestine conflict can advance towards resolution is the unequal access to water in the region between the two parties. As it currently stands, Israel uses 73% of the water that flows from the West Bank aquifers while Palestinians in the region use only 17% (ifamericansknew.com). The last 10% is utilized by the illegal Jewish settlers in the area. In addition, Israelis consume around 240 liters of water per

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person per day and the settlers use over 300 liters (Corradin, 2016). Palestinians in the region have access to only 73 liters, well below the 100-liter minimum set forth by the World Health Organization. Palestinians also claim that they are being prevented from using their own water resources by Israel’s military, forcing them to buy water at inflated prices (Asser, 2010). Heavily affected households in the West Bank region spend up to one-fifth of their salary on water. The problem is further exacerbated by the fact that Palestinians are unable to build or maintain their own water infrastructure. Any Palestinian water project in the West Bank requires approval from the Joint Water Committee (JWC). Because of Israel’s majority rule in the JWC, only 56% of Palestinian projects have been approved, juxtaposed to the near 100% approval of Israeli projects (Corradin, 2016). Not only do projects need approval by the JWC, but they also require permits from the Israeli Civil Administration (ICA). Obtaining a permit for a Palestinian project has proved to be a futile endeavor. Between 2010 and 2014, the ICA has denied 98.5% of Palestinian building permit applications for Area C projects (Corradin, 2016). Furthermore, Israel does not allow Palestinians to drill new wells and has confiscated existing wells for self- use (ifamericansknew.com). Israeli restrictions on drilling have made usable wells unusable and Palestinians can’t extract water as efficiently. Tracing the Roots of the Problem The inequitable water access is an outcome of the Six – Day War. After a stunning victory for Israel, it found itself in control of the Sinai Peninsula, Gaza Strip, West Bank, and East Jerusalem (History.com editors, 2018). More important than controlling the land, was controlling the water resources within the territories. Israel needed all the water it could get its hands on because it needed to support a huge influx of Jewish immigrants, all the while still providing for the Palestinian farmers in the region. After the war, Israel now had access to fresh

water flowing from the Jordan River and the West Bank aquifers (Asser, 2010). With no third- party intervention, Israel did not allow Palestinians access to the Jordan River while heavily restricting access to the aquifer. The 1995 Oslo interim agreement solidified Israel’s control over the West Bank’s water supply. As the Israel – Palestine conflict started to fester, the international community decided to step in and help remediate. The Oslo accords were meant to help bring peace within the region, but instead both sides vied to secure their own personal gains, including Israel’s dominance over water supplies. Although the agreement set some ground rules on how water would be distributed, it excluded the Gaza Strip, Jordan river, as well as 60% of the West Bank (Black, 2013). The accords allowed for the current power imbalance seen in the region today. Israel gets the final say on any decisions regarding key resources and Palestine is relegated to smaller projects and less valuable resources. Consequences of Inaction The asymmetry in access to water is hurting the livelihood of Palestinian farmers. Because of water shortages, farmers in Al-Auja were forced to grow crops that are less water- intensive and less profitable (Amnesty International, 2017). In the past they focused mainly on cultivating citrus fruit, but have now switched to vegetables such as zucchini, cucumber, and squash. Many farmers who couldn’t remain viable after the switch are now having to find work in farms of Israeli settlements, who don’t have the same water problems. The lack of access to water has created unbearable living conditions, leaving Palestinians no choice but to move somewhere else more hospitable. Palestinians leaving Area C are no better off living in Area A or B. In these areas, Palestine heavily depends on water bought from Israel at increased prices, water that originally should have been theirs (Corradin, 2016). Because many

Bedouin communities in the Jordan Valley are located in “closed military areas,” they live under constant threat of eviction (Amnesty International, 2017). Two families living near highway 90 have had their property and houses destroyed, forcing them to find safe refuge. If the water crisis isn’t addressed, future generations of Palestinians will grow to resent their Israeli counterparts, leading to more intractability. The Right to Water: Alleviating Palestinians’ Water Woes Policy Option 1: Addressing Palestinian Water Infrastructure A hurdle that must be overcome to end inequitable water access in the region, is to address Palestinians’ poor water infrastructure. The Israeli government must prioritize the construction of water and sanitation infrastructure that ensures Palestinians’ access to sufficient, safe, acceptable, and affordable water and to prevent further decay of current water sources. To do so, they should transfer the responsibility of planning and building policies around water and sanitation facilities in the occupied territories back to the Palestinian communities. As the process of transferring responsibility is time consuming, during this time, requirements to obtain a new permit must be feasible and serve an appropriate purpose. Permits that meet all requirements must hastily be approved. In addition, alleged permit violations should not result in the destruction of hoses, pipes, and other equipment that is needed to access water. Palestinians should also be allowed to drill new wells and repair existing wells and to access springs throughout the West Bank. To help achieve this goal, the Israeli government must allow for the materials and equipment necessary for the construction and repair of water and sanitation facilities into the occupied territories as well as provide enough fuel needed to keep the facilities running.

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Evaluating Policy Option 1: Who Must Bear the Burden? Building new water infrastructure and maintaining old ones would not only increase the available water to Palestinians, but also allow them easier access to it. By implementing this policy option, you are attacking the root issue of inequitable water access from both sides. The biggest problem with this policy option comes from the fact that Israel has no incentive to enact it and one can make the case that there are actually disincentives to the policy. By prioritizing Palestinian water and sanitation projects, Israeli projects must be put on hold or delayed. The sheer number of new permits that must pass through regulation may overwhelm the current system in place. Moreover, the construction of new wells may siphon water away from Israelis to the Palestinians. Because of Israel’s tight grasp over water supplies, many Palestinians pay inflated prices to Israeli water companies. It is in interest of these companies that Palestinians within occupied territories don’t obtain easier access to water. Another issue regarding feasibility of this policy option, is the economic burden. Building new infrastructure is not cheap and securing funding may not be easy. The World Bank issued a press release stating that, in partnership with other organizations, they will be investing over $117 million dollars to help develop water infrastructure in Gaza. The funds will primarily be used to rehabilitate Gaza’s water aquifer and construct a desalination plant. To raise capital to do the same in all the occupied territories will require donations from the international community or a huge tax increase on the general public. Policy Option 2: Revisiting Old Arrangements and Sharing Water Sources The 1995 Oslo accords help set in stone the unequal access to water between the two parties and must be nullified. The accords gave Palestinian Authority no power regarding decisions related to the drilling of new wells, upgrading of existing wells, or the implementation

of water-related projects. Israel was also granted the ability to control the amount of water that may be extracted from occupied territories. This power imbalance has led to Israel allocating 80 percent of the mountain aquifer’s water supply (The West Bank’s only supply of fresh water) to itself and leaving only 20 percent to the Palestinians. To help rectify this problem, Israel should allow Palestinians to access and extract an equitable share of water from all water resources in the occupied territories, including the Jordan River and the mountain aquifer. Additionally, Israel should limit how much water they extract from the shared resources down to a level that is not only reasonable but keeps in mind the aquifer’s yearly sustainable yield. Israel must also put an end to policies that discriminate against Palestinians and that give preferential treatment to Israeli settlements within the West Bank. Transfer of water between the West Bank and Gaza should no longer be banned. Restrictions limiting Palestinians moving should be lifted and any obstacles in place that denies Palestinians access to land where water resources are located within the occupied territories removed. Evaluating Policy Option 2: Third Party Remediation Required Allowing Palestinians in the occupied territories access to previously inaccessible water resources and no longer discriminating water allocations would essentially neutralize the problem of unequal water access. The problem with carrying out this policy is that without substantial pressure from the international community, Israel has no reason to go forth with it. Israel’s control of the water resources in the region has allowed for them to use it as an instrument of political and economic pressure. And although the Oslo Accords were a product of UN intervention, it’s the United States that spearheaded the negotiations. Because of America’s sheer power in the international community and its alliance with Israel, America will not assist in pushing a policy that would effectively erase one of Israel’s most powerful bargaining tools.

Without America backing the resolution, there will be very little support from other countries. Lacking any incentives for Israel to pursue the second policy and no backing from the international community, Israel will only continue to benefit from the unfair policies and regulations set forth by the Oslo Accords. Recommendations As it currently stands, Palestinians living in the occupied territories have a difficult time accessing water. This difficulty emanates from the lack of infrastructure dedicated to providing water and unfair water allocation agreements set forth by Israel. This unequal access to water is negatively impacting the livelihoods of Palestinians. I recommend two different policy options that both tackle one aspect of the broader problem. Policy option one attempts to solve the lack of water and sanitation infrastructure, while policy option two aims to settle the one-sided water sharing agreements. To fully mollify the unequal access to water, I recommend pursuing both policies because they go hand in hand. Constructing and maintaining water infrastructure for use by Palestinians will increase the ease of access to water but will not necessarily increase the water available for use. On the other hand, renegotiating for fairer water allocations will boost water supplies for Palestinians, but without suitable infrastructure they will have difficulty in accessing it. Although pursuing both policy options would be ideal, because of the limitations mentioned earlier this may not be feasible. Renegotiating the terms of the Oslo Accords will require a push from the international community and currently they have their hands tied. In addition, there is no incentive for Israel to allow for more equitable water sharing. In this case, building water infrastructure makes more sense.

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The Israel-Palestine conflict is known to many in the world as “the most intractable conflict.” Just because the conflict is very highly intractable, doesn’t mean that there can’t be a peaceful resolution. It all begins with one action. If Israel assists in helping Palestinians gain easier access to safe, clean water, it will be a gesture of good faith and pave the way for peace talks. Left to fester, future generations of Palestinians will begin to resent Israelis and the conflict will grow more intractable. It is in the interest of both parties to work together to end water discrimination.

References A4. Amnesty International, "Troubled Waters—Palestinians Denied Fair Access to Water," London, 27 October 2009 (Excerpts). (2010). Journal of Palestine Studies, 39(2), 197- 200. doi:10.1525/jps.2010.xxxix.2.197 Asser, M. (2010, September 2). Obstacles to Arab-Israeli peace: Water. Retrieved May 18, 2020, from https://www.bbc.com/news/world-middle-east-11101797 Black, I. (2013, February 4). Water under the bridge: how the Oslo agreement robbed the Palestinians. Retrieved May 18, 2020, from https://www.theguardian.com/world/on-the- middle-east/2013/feb/04/israel-palestinians-water-arafat-abbas Corradin, C. (2016, June 23). Israel: Water as a tool to dominate Palestinians. Retrieved May 18, 2020, from https://www.aljazeera.com/news/2016/06/israel-water-tool-dominate- palestinians-160619062531348.html History.com Editors. (2018, May 11). Six-Day War. Retrieved May 18, 2020, from https://www.history.com/topics/middle-east/six-day-war The Occupation of Water. (2017, November 29). Retrieved May 18, 2020, from https://www.amnesty.org/en/latest/campaigns/2017/11/the-occupation-of-water/ Weir, S. (n.d.). v. Retrieved May 18, 2020, from https://ifamericansknew.org/cur_sit/water.html World Bank and Partners Invest US$117 million in Water for Palestinians in Gaza. (n.d.). Retrieved May 22, 2020, from https://www.worldbank.org/en/news/press-release/2020/02/10/world-bank-and-partners- invest-us117-million-in-water-for-palestinians-in-gaza

Policy Paper Draft 1 Kwon

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