Land Dispute Between the Land Dispute Between the State of Israel and the Negev State of Israel and the Negev

BedouinBedouin

Adv. Havatzelet YahelAdv. Havatzelet Yahel

KKL meeting, March 22, 2012KKL meeting, March 22, 2012

OutlineOutline

The Bedouin and the Negev land claims

The Israeli policy and proposals

Ebu Mediam (El Arkib)

Summary

The Bedouin PopulationThe Bedouin Population around 200,000 people around 200,000 people (4.6% increase per year) (4.6% increase per year)

61%

39%

Rahat + tow ns

in illegal clusters

““Genuine Bedouin”Genuine Bedouin” – Nomadic Arab tribes who – Nomadic Arab tribes who wandered through the desert and arrived to the Negev from wandered through the desert and arrived to the Negev from Arabian Desert, Egypt & the Sinai Peninsula. Arabian Desert, Egypt & the Sinai Peninsula. Other non-Bedouin components Other non-Bedouin components such as African Slavessuch as African Slaves ((AbedsAbeds) ) of Bedouin sheiks, and of Bedouin sheiks, and Egyptian felachimEgyptian felachim (farmers).(farmers).

Who are the Negev BedouinWho are the Negev Bedouin??

The Bedouin & the Negev LandsThe Bedouin & the Negev Lands

The Bedouin tribes, currently live in the Negev, arrived The Bedouin tribes, currently live in the Negev, arrived there mainly in the 19there mainly in the 19thth century. century.

The Bedouin came to a region with an existing land The Bedouin came to a region with an existing land regime,regime, long after it was part of the Ottoman Empire. long after it was part of the Ottoman Empire.

Until the 20th century, theUntil the 20th century, the

Bedouin lived a nomadicBedouin lived a nomadic

way of life. Now settled. way of life. Now settled.

Almost no actions were Almost no actions were

made by them to made by them to register lands. register lands.

Growth of Ottoman Empire

The State of Israel kept the Ottoman Land Laws that The State of Israel kept the Ottoman Land Laws that were based on the were based on the ShariaSharia (sacred law of Islam), (sacred law of Islam), with supplements from nomadic traditions.with supplements from nomadic traditions.

The Negev Bedouin do not have private ownership The Negev Bedouin do not have private ownership according to these laws. according to these laws.

Palestine & the Israeli Land RegimePalestine & the Israeli Land Regime

Beer-Sheva, 1880

Source: "First Photographs of the Holy Land" by Eli Shiller

Copyright © 1979, Eli Shiller. All Rights Reserverd .

Distribution of Bedouin Private Ownership Land ClaimsMost of the Bedouin do not have land claims! About 2,700 claims Average of 225 dunam/claim

BEER-SHEVA

Currently 1/3 of the Bedouin who claim lands do not possess them.

El-Arakib

Bedouin Land Claims & Settlements

Bedouin SettlementsLand Claims

Beer-Sheve

Nevatim Airbase

Arad

Rahat

El-Arakib

Netivot

Ofakim

Dimona

ARARAARARA

Examples of areas were Bedouin land claimants prevent other Bedouin from entering claimed land. Although this land was declared as public domain by Israeli Law.

CompensationCompensation PolicyPolicy

Settling LandOwnership claim

Moving into legal settlement

OwnershipOwnership claims - Summaryclaims - Summary

Bedouins argueBedouins argue that the full private ownership over the that the full private ownership over the land they possessed (now & before 1948) belongs to land they possessed (now & before 1948) belongs to them.them.

The State arguesThe State argues that it has the full ownership. that it has the full ownership. However it is willing to allocate to the Bedouin a However it is willing to allocate to the Bedouin a portion of the land + monitorial compensation to settle portion of the land + monitorial compensation to settle the dispute. the dispute.

The court approved the State’s argument in several The court approved the State’s argument in several cases. cases. El-Uqbi new decision El-Uqbi new decision

Compensation Policy: Compensation Policy: Ownership ClaimsOwnership Claims

About 2,700 claims over 600,000 dunams About 2,700 claims over 600,000 dunams

= average 225 dunams (55 acres)/claim = average 225 dunams (55 acres)/claim

Claim owner receives:Claim owner receives: 20%-30% full ownership over land20%-30% full ownership over land 80%-70% in money80%-70% in money

average compensation = 450,000 shekels (115,000$)

Compensation for Compensation for Moving to a planned village/townMoving to a planned village/town

800-1,000 sq. meter lot per family per wife (800-1,000 sq. meter lot per family per wife (36%36% have more than one) – free of charge.have more than one) – free of charge.

Compensation for abandoned property (890 Compensation for abandoned property (890 shekels /1 sq. meter of blocks).shekels /1 sq. meter of blocks).

Additional grantsAdditional grants. .

average compensation = 200,000 shekels (50,000$)

El Arakib - Truth vs. MythEl Arakib - Truth vs. Myth The Bedouin claim they own that landThe Bedouin claim they own that land The land was The land was not registerednot registered by the Bedouin by the Bedouin In 1945 there was not a single house In 1945 there was not a single house The land was The land was expropriatedexpropriated and declared State and declared State

property in the early 50’s property in the early 50’s

Aerial photography 1945

Abu-Mediam and El Turry familiesAbu-Mediam and El Turry families Invasion started in 1998. Invasion started in 1998. The squatters The squatters intimidated the lesseeintimidated the lessee

and he moved out. and he moved out. A A decadedecade of legal proceedings of legal proceedings 45 unauthorized buildings - 45 unauthorized buildings - “El “El

Araqib Village”Araqib Village” The Supreme Court ordered them to The Supreme Court ordered them to

leaveleave The state The state evacuatedevacuated them in July them in July

20102010 Squatters Squatters return to the areareturn to the area again again

and againand again

1999

2007

From the Supreme Court judgment by From the Supreme Court judgment by Justice Procaccia Justice Procaccia

Civil Appeal 3569/04 Civil Appeal 3569/04 Sayeh Suleiman Abu Medyam et al.Sayeh Suleiman Abu Medyam et al., , of September 29, 2005of September 29, 2005::

““The petitioners in said case The petitioners in said case acted in bad faithacted in bad faith.. They squatted on the They squatted on the land which is the subject of the dispute, and were evicted by the police, land which is the subject of the dispute, and were evicted by the police, and they returned and squatted on the land three more times in and they returned and squatted on the land three more times in blatantblatant violation of the provisions of the lawviolation of the provisions of the law.. It is only due to the passage It is only due to the passage of time that, during the fourth time they squatted on the land, no use could of time that, during the fourth time they squatted on the land, no use could be made of the powers vested in the police under Section 18 of the Lands be made of the powers vested in the police under Section 18 of the Lands Law, and therefore the respondents required proceedings under the Law, and therefore the respondents required proceedings under the Squatters Eviction Law, with which we are dealing here. In the Squatters Eviction Law, with which we are dealing here. In the circumstances of the matter, a presumption was created, which was not circumstances of the matter, a presumption was created, which was not refuted, that refuted, that the land is public landthe land is public land. . The petitioners did The petitioners did not prove, even with prima facie evidence, their not prove, even with prima facie evidence, their rights to hold the land.rights to hold the land.

Neve Gordon Neve Gordon || The Guardian 28/7/10: The Guardian 28/7/10:

““Ethnic cleansing in the Israeli Negev”Ethnic cleansing in the Israeli Negev”

Erez Tfadia Erez Tfadia || Yediot 28/7/10: Yediot 28/7/10:

““[…] with […] with no other optionsno other options, the El-Arkib residences , the El-Arkib residences will rebuild the demolished houses” will rebuild the demolished houses”

News 1 24/12/10 Yediot 28/7/10

Press Coverage of the Event:

הוילות של ראשי הפולשים הוילות של ראשי הפולשים ברהטברהט

Abu Abu MedyamMedyam residential residential complex in Rahatcomplex in Rahat

Abdala Abu Medyam and his wife with Abu Medyam and his wife with their Mercedes visiting the disputed areatheir Mercedes visiting the disputed area

Awad Abu Freih villa in RahatAbu Freih villa in Rahat

Ismail Abu Medyam villaAbu Medyam villa in Rahatin Rahat

Salim Abu Medyam villaAbu Medyam villa in Rahatin Rahat

Bedouin efforts in the int’l

arena

SummarySummary

The State of Israel is willing to address the land needs The State of Israel is willing to address the land needs of the Bedouin community in various ways.of the Bedouin community in various ways.

However, it is highly questionable whether a small However, it is highly questionable whether a small group of Bedouin land claimants should have private group of Bedouin land claimants should have private ownership over such extensive lands, at the expense ownership over such extensive lands, at the expense of the Bedouin majority and future considerations.of the Bedouin majority and future considerations.

The squatters in El-Arakib are neither poor nor The squatters in El-Arakib are neither poor nor needy; rather, they are citizens that decided to needy; rather, they are citizens that decided to disobey an express ruling of the Supreme Court of disobey an express ruling of the Supreme Court of Israel.Israel.

ENDEND

לחפש שקופית יפה של הנגב/ גמליםלחפש שקופית יפה של הנגב/ גמלים

Thank youThank you!!

Adv. Havatzelet YahelAdv. Havatzelet YahelMinistry of Justice, IsraelMinistry of Justice, IsraelHavatzeletY@justice.gov.ilHavatzeletY@justice.gov.il