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Prior
to the establishment of the State of Israel in 1948, members of
the Palestinian Arab community owned and/or cultivated some 93-94%
of the land in geographical Palestine. Today, 93% of the territory
of the State of Israel is under direct control of the State and
administered under a land tenure system aiming to limit leasehold
and cultivation to Jews only. The philosophy of Zionism, which
remains the driving force behind the policies and practices of the
Israeli State, calls for the "Judaization" of the land
through the continued settlement of Jews throughout the country
in Jewish-only enclaves. This ideology has resulted in the dispossession
of the Palestinian people through a complex combination of legal
and administrative methods.
Land
Alienation Laws and Practices
There exists in Israel a multi-faceted framework of laws and military
regulations which have granted the State the legal authority to
confiscate Palestinian land and property.
First codified by the British Mandatory government, and later
adopted by Israel, the Land Ordinance of 1943 sanctioned the confiscation
of private lands for "public purposes," most often defined
by Israel as serving the needs of the Jewish population. Israel
also adopted the Emergency Regulations left behind by the British
Mandate which allow military commanders to forcibly declare areas
as "closed" and deny access to residents of the area.
Many Palestinian citizens of Israel today find that they are still
denied access to their homes because they sit on land in a "closed
area." In 1950 the Government passed the Absentee Property
Law, which defined all those who were expelled, fled, or left
the country between 1948 and 1952 as "absentees" and
their property as "absentee property." The lands and
properties of the refugees and internally displaced persons were
confiscated, transferred to an ad hoc custodian, and eventually
used for the purposes of Jewish settlement. Those who remained
inside Israel, even if they became citizens of the State, were
classified as "present absentees," and prevented from
re-claiming their land.
In
addition to legal manipulation, the State uses a number of administrative
practices to limit Palestinian use of the land, including discriminatory
national planning and zoning regulations, as well as forced evictions
and demolitions of unlicensed buildings and homes.
Keren
Kayemeth Leisrael: the Jewish National Fund
The Jewish National Fund (JNF) was incorporated in England in
1907. Its goal, then and now, is to "purchase and develop
land as a national resource of the Jewish people, by the Jewish
people, and for the Jewish people." Today, the Fund claims
title to 16% of the land within the State of Israel and has control
over a much larger percentage through its influence over the administration
of the Israel Land Authority (ILA). The JNF has long been the
driving force behind State designs to expropriate Palestinian
land and transfer it to Jewish ownership and use. With much of
its support coming from the Jewish diaspora, the JNF touts itself
as devoted to promoting the concept of the "People of Israel"
as the worldwide community of Jews.
From the Memorandum of the Association, drafted in 1907:
"The objects for which the Association is established are:
to purchase, take on lease or in exchange, or otherwise
acquire any lands, forests, rights of possession and other rights,
easements and other immovable property in [the region of] Palestine,
Syria, any other parts of Turkey in Asia and the Peninsula of
Sinai ... for the purpose of settling Jews on such lands."
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Interview
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"What would I do without my land?"
An
interview with
Salim Habib Allah
interview >>>>
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The
Case of the
Qa'adan Family:
a Limited Victory
In 1995 the Qa'adan family petitioned the High Court
of Justice after being denied a permit to build their
home in the communal settlement of Qatzir, which sits
on ILA administered land and only accepted Jews. The
Court ruled in favor of the family, stating that the
State may not discriminate between its citizens on
the basis of religion or nationality - not directly
and not indirectly through the facilitation of a third
party such as the Jewish Agency. The decision was
heralded as a landmark in the struggle against discrimination
in land allocation . Yet as of today, the Qa'adan
family still has not been allowed to physically begin
building. In addition, the decision itself clearly
leaves room for future discrimination by emphasizing
the singularity of the Qa'adan case, implying that
such a decision might not apply in other similar situations.
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Organizations
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The following organizations are working in the field
of land rights:
Al Aqsa Association for Islamic Waqf and
Religious Places
P.O.
Box 456,Kufr Bara 45863, Israel
Tel/Fax +972. 3. 938 7329
farid@aqsa-mubarak.org
www.aqsa-mubarak.org
Al-Beit:
Association for the Defense of Human Rights in Israel
PO
Box 650, Arara 30026, Israel
Tel: +972. 4. 635 4370
Fax: +972. 4. 635 4367
uridavis@actcom.co.il
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