WATER Summary PLO Negotiations Support Unit The Middle East is one of the world’s most water-stressed regions. It is therefore essential that water be shared equitably by all in the area. Since its 1967 occupation of the West Bank and the Gaza Strip (the “Occupied Palestinian Territories”), Israel has almost completely controlled the water available to the Palestinian population. While Israel theoretically recognized Palestinian water rights in the West Bank in the Oslo II Interim Agreement (Annex III, Appendix 1, Article 40), it has not implemented that agreement and continues to deprive Palestinians of their fair share of water. Water Sources The main sources of water available to Israelis and Palestinians are (i) the Jordan River and (ii) groundwater underlying the Occupied West Bank and coastal areas. The Jordan River The headwaters of the Jordan River lie in Lebanon, Israel and Syria (including the Golan Heights occupied by Israel since 1967). These join to form the Upper Jordan River which flows into Lake Tiberias (also called the Sea of Galilee). After leaving Lake Tiberias, the Lower Jordan River forms the boundary between Israel and Jordan and then between the Occupied West Bank and Jordan, before flowing into the Dead Sea. There are thus five riparian parties to the Jordan River: Lebanon, Israel, Jordan, Syria and the Occupied West Bank. Israel withdraws water from the north-western portion of Lake Tiberias and transports it out of the Jordan River Basin through its National Water Carrier to coastal cities and the Negev Desert. The amount of water extracted is such that very little water flows naturally out of Lake Tiberias. This means that only a trickle passes along the West Bank in the bed of the Lower Jordan River. In addition, Israel has denied Palestinians access to the entire Lower Jordan River since 1967. After the start of Israel’s military occupation in 1967, Israel declared West Bank land adjacent to the Jordan River a “closed military zone,” to which only Israeli settler farmers have been permitted access. Groundwater A large groundwater aquifer basin underlies the Occupied West Bank and supplies high quality water to both Israelis and Palestinians. It is composed of (i) the Western, (ii) the Eastern and (iii) the North-eastern Aquifer Basins. All three basins are fed chiefly by rains falling on the West Bank. Another aquifer system, the Coastal Aquifer Basin, underlies coastal areas of Israel and the Occupied Gaza Strip. The Gaza Aquifer is part of this basin. Water Consumption The average (renewable) quantity of freshwater available in Israel and the Occupied Palestinian Territories per year is slightly over 2.4 billion cubic meters. Israel allocates approximately 90% of this amount to itself, leaving the Palestinian population just over 10%. If water resources were divided into equal per capita shares, Palestinians would receive approximately 45%. As a result of the severe Israeli restrictions on the Palestinian water supplies (described below), each of the approximately 3.3 million Palestinians living in the Occupied Palestinian Territories receives an average of less than 100 litters per capita per day for all uses. This is far less than the 150 litters per day recommended by the World Health Organization as a minimum per capita water availability. The average Israeli on the other hand, uses 353 litters of water per day, over 3.5 times the amount of water Israeli allows the Palestinians. Israeli settlers living illegally in the Occupied Palestinian Territories use up to nine times the volumes provided to Palestinians per capita. This discrimination by Israel violates the human right to water, which was recently recognized by the United Nations. Israeli Control of Water For nearly four decades of its military occupation, Israel has assumed near complete control over all Palestinian water sources, thus depriving Palestinians of their right to control their own natural resources. Discriminatory measures adopted by the Israeli occupation authorities include: Restricting Drilling of New Palestinian Water Wells or Pumping Existing Wells. Israel’s control over Palestinian water resources has resulted in the destruction or closure of hundreds of Palestinian wells and sharp restrictions on pumping existing wells. According to the Palestinian Water Authority, Palestinians were allowed to dig only 13 wells between 1967 and 1996, less than the number of wells which dried up during the same period due to Israel’s refusal to deepen or rehabilitate existing wells.[1] Even the Oslo II Interim Agreement was insufficient to maintain the per capita water allocations to Palestinians, as the additional water was insufficient to keep pace with the growth of the Palestinian population. Restricting Palestinian Access to Water Sources. Lands adjacent to the Jordan River were declared “closed military zones” and Palestinian farmers could no longer use the area for irrigation. Areas with fresh water springs were classified as “nature reserves” where access is limited or requires payment.[2] In addition, illegal Israeli colonies are provided running water by connecting the Israeli National Water Carrier – while Israel refuses to provide running water to many of the villages on whose land such colonies are built. Palestinian Water Rights Under international laws relating to belligerent occupation, Israel as an occupier has an obligation to use Palestinian water resources only to the extent necessary for the maintenance of the military occupation. It is not permitted to appropriate the water of the occupied territory for the use of its own civilians, much less for illegal settlers. Israel has done precisely this, however, in violation of its obligations under international law. The UN General Assembly, in confirming the right of the Palestinian people to self-determination[3], has recognized that the Palestinian people enjoy permanent sovereignty over their natural resources, including water resources, in the Palestinian territories occupied by Israel since 1967. [4] The Palestinian Position on Water The PLO accepts international law and how it governs the allocation of freshwater resources shared by Israel and the Occupied Palestinian Territories. Under the law of international watercourses, as reflected in the related 1997 United Nations Convention, the State of Palestine is entitled to an equitable and reasonable allocation of shared freshwater resources, including those in the four main aquifers and the Jordan River.[5] The fair allocation of water rights is a critical element for future political stability in the region as a whole. Finally, under international law, Israel must pay compensation for the past and ongoing illegal use of Palestinian water resources. [1] As reported in B’Tselem The Israeli Information Center for Human Rights in the Occupied Territories, Thirsty for a Solution 42 (2000) [2] Id. at 43 [3] The Palestinian people’s right to self-determination has been affirmed by United Nations General Assembly Resolutions 2672C (1970), 2787 (1971) and 3098D (1980). This right has also been expressly recognized by numerous States, including the United States of America and all Member States of the European Union. [4] The right of permanent sovereignty is a rule of customary international law. It is also embodied in various international instruments, including United Nations General Assembly Resolution 1803 (1962) and in Article 1(2) of the 1966 United Nations Human Rights Covenants which provide: “All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based on the principle of mutual benefit and international law. . .” [5] In the Gabcikov-Nagymaros Project case (1997) between Hungary and Slovakia, the International Court of Justice ruled that States had a “basic right to an equitable and reasonable sharing of the resources of an international watercourse” (Paragraph 78).