Migron: History of a Political Case
On January 23, 2008, the government answered a Supreme Court case brought by the left-wing extremist group, Peace Now, who claimed that the land upon which Migron sits is private Arab land. The government stated that the Prime Minister and the Defense Minster decided, since Migron sits on private Arab land, to evacuate the land in six months – at the beginning of August. Peace Now turned to the court again with a request that the decision would become a court order.
The court refused this request.
Should we not use extreme caution, we could find ourselves facing not a government decision, always open to change with a new government or even with this government, but an irreversible court order…and consequently, security forces on horseback. The orientation of the Peace Now complaint is clearly political with no regard for actual justice.
Being Smart is Permissible
The Yesha Council has always acted, and will continue to act, in the interest of developing, maintaining, expanding and strengthening Jewish settlement in Yehuda and Shomron. There is no doubt about our right to the Migron land, as well as all of the land of Israel – a right which has existed and been protected since time immemorial and we need not prove it to anyone. However, in addition to being right, it is permissible and crucial to be smart.
Being smart in this case – The Yesha Council's motivating force in the discussions with representatives of The Defense Ministry – means saving Migron from Amona's fate. The Yesha Council's goal is not compromise and not re-building present-day Migron elsewhere. It is not destroying the caravans, evacuating them or moving them elsewhere. The Yesha Council's goal is to leave Migron's temporary community exactly where it is until all the plans are created and approved, the infrastructure in place and permanent homes built on a nearby land parcel – just like almost all Yesha communities have proceeded in the past – the result being a government-approved, irreversible fact on the ground.
Establishing the facts regarding land ownership in Migron will take place in the regular court system but, in the meantime, the community lives under the threat of the Supreme Court, Peace Now, case. True to the present moment, the government is adopting the stance of Peace Now that Migron is illegal and, barring The Yesha Council's coming to an agreement with The Defense Ministry, there is no reason to assume that The Supreme Court will decide differently, meaning the evacuation of Migron from its present site.
Preventing a Dangerous Precedent
The precedent set in Amona shows clearly that once there Is a Supreme Court ruling to destroy homes it is only a matter of time until they are destroyed. Even if the government climate had been to totally change and a Right-wing government friendly to Jewish settlement in Judea and Samaria had been in place, their hands would have been tied once the court order was decided. And if we do not act to significantly change the scenario we will find ourselves in the identical situation in Migron with the probable consequences being the same.
The crucial difference between Migron and Amona is that in Amona, while the houses were destroyed, the community remained and flourishes while in Migron, if the caravans are destroyed there will nothing left – setting a very dangerous precedent wherein a left-wing extremist group, joined by their Arab partners, can bypass government policy in a dubious court procedure and destroy a Jewish community in Yesha.
We must do all in our power to insure that Migron will become a permanent community – approved and free from threat.
We must not play into the hands of Peace Now. Those who oppose the planning, approval and building of Migron's permanent location will find that they have aided Peace Now with Arab partners to erase a Jewish community from Eretz Yisrael. This will be Peace Now's biggest victory yet and they will undoubtedly clap their hands in joy as they watch Jewish horsemen once again bearing down on Jewish pioneers with batons swinging.
The all-too temporary satisfaction of having said a loud "No!" to the destructive forces of this government and to the self-hating and jealous Left, will be followed all-too-soon by being beaten, albeit bravely, and evacuated from any future Migron might have had.
The Truth Behind The Yesha Council's Discussions with The Defense Ministry
The process to which The Yesha Council will agree is one which entails leaving the Migron temporary community exactly where it is today while:
(1) land is found, no more than a few hundred meters from the current location,
(2) plans are made, filed and approved,
(3) infrastructure is built and
(4) permanent homes are erected.
Simultaneously, the verifying of the legal status of the land where the temporary Migron community resides will continue in the court system. Very likely the result will be two legal Jewish communities!
Saying No to Compromise and Surrender. Saying Yes to Building.
No compromise or surrender is being contemplated. Many, many communities in Eretz Yisrael were developed in exactly this way; with residents living in a temporary community while their permanent community is built nearby. In exactly this way Keshet was built and Elon Moreh and Kedumim and Beit El and Beit Horon…and many others. And in this way Migron can see a future realized which includes a large and growing permanent community, something not possible in their current small, restricted location.
Even better, in this case, once Migron residents have moved into their new permanent homes, the temporary site will always remain in Jewish hands, never to be occupied by Arabs, as its strategic importance is clear to all, including The Defense Ministry.
Widespread Grassroots and Leadership Approval for The Yesha Council Plan
Over the next few days discussions are being held throughout Yesha in many different forums including Yesha Rabbinical forums, local municipal forums and within The Yesha Council so that widespread understanding of the positive precedent-setting that can occur in the case of Migron where such a destructive precedent-setting must be prevented.
The decision will be made with widespread grassroots and leadership approval after cool-headed analysis rising above emotional underpinnings. No backroom "deals" will be carried out and, likewise, the good of Yesha – the big picture – will dominate final decision-making with wisdom and unity.
