Planning or Forced Transfer? The Case of Palestinian Bedouin Communities

Jerusalem Legal Aid & Human Rights Center Ahmad Heneiti How to Contact Us

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Cover photo donated by: Fadi Aruri Planning or Forced Transfer?

The Case of Palestinian Bedouin Communities

Ahmad Heneiti

Jerusalem Legal Aid & Human Rights Center - JLAC

December 2014 Preface by JLAC

This study is published by the Jerusalem Legal Aid and Human Rights Center (JLAC) as part of its advocacy project for the support of Palestinian Bedouins, supported and social impacts of the forcible displacement plan, which targets Bedouin communities in the central West Bank and aims at grouping them in a new semi- refugee camps !"#$

For the purpose of conducting the study, the Center contracted the anthropological researcher, Ahmad Heneiti, who focused on the lifestyle, culture and livelihoods of the #%&' architecture pattern of these communities, as well as, conducted interviews with their representatives, economists, and agronomists, in addition to a literature Following the issuance of the draft research, a focus group workshop of selected communities affected by the plan was conducted with the participation of a number of '*# 2 #' ' " In addition to its chapters, the study includes a set of appendices, including the proceedings of the above mentioned workshop Moreover, a summary of a legal paper, # ' +. / 0! %3% Bedouins would amount to forcible transfer, which constitutes a grave breach of the 45 Moreover, the study also includes a collection of photos and maps illustrating the current social architecture pattern of Bedouin communities, by which the typical space for an economically independent Bedouin family is about three and a quarter dunums, allocated for residential, social, women’s household chores, and sheep barracks (of "36] space by the Bedouin and are the direct result of the policies and practices of the ICA # Bedouins included in this study (and residing in the eastern hillsides of the central West Bank and the areas of Khan al-Ahmar and central Jordan Valley) have agreed on their rejection the plan, considering it an uprooting plan that would also result in ## PalestinianPales Bedouin Communities, Planning or Forced Displacement? 3 JLAC Director Issam AruriIssam Whether through interviews or workshops, Bedouins demanded that the planning Whether through interviews or workshops, #*% #*#/* tense hotbeds for crime their locations of residence into socially such a plan would turn 84*%S houses private space, which would ultimately turn to women’s adverse effects pertaining the margins of freedom depriving them of their economic role and into prisons for women each gathering be conducted with their full of the development of their lives within their their social and cultural particularity, participation, taking into consideration *" Authority from the Palestinian National working group (comprised of representatives NGOs and grassroots organizations) and its ministries in addition to all concerned #' culture (as a source of enrichment of the Bedouins and preserving their identity and their economic role in food security Palestinian culture and its diversity), maintaining a fair share of the Palestinian development for the Palestinians, and guaranteeing them #*.+ residents of areas “C” which falls under the Palestinian citizens), Israel (as protected Agency- United Nations Relief and Works jurisdiction of the Israeli military), and the Bank communities targeted (as 70% of Bedouins in the 46 Central West UNRWA #3 6 * * ##+634 % to and efforts on the part of UNRWA the PA minimal resources allotted to Bedouins by improve service delivery to Bedouins, these communities (as a result of the restrictive in policies of the Israeli authorities, for instance Palestinians residing in urban areas ..@E vicinity while Bedouin do not) fail to enjoy the range of services rendered to other sectors .4*.## schools and clinics (among other services) have access to UNRWA Palestinian Territory * in shortcomings and the violations imposed by Israel have collectively placed Bedouins % 6*##Q".# 4

Palestinian Bedouin Communities, Planning or Forced Displacement? Palestinian Bedouin Communities, Planning or Forced Displacement? 5 2 6 8 46 57 44 20 29 29 34 38 41 56 53 - 55 ......

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...... Introduction of Bedouins The Current Status Al-Nuweima Plan Bedouins and The Urbanization of The Impacts of Al-Nuweima Plan on the Lives of Bedouins Al-Nuweima The Impacts of Cultural and Social Impacts Economic Impacts Conclusion & Recommendations References A Focus Group Workshop Focus Group Workshop A Law Expert Opinion under IHL Boundaries Allocation of space within Distribution Model and of Bedouin Family Land Plot Annexes Table of Contents: of Contents: Table Preface by JLAC Map Indicating Expansion of the Illegal Israeli Settlement Map Indicating Expansion of the Illegal Adumim towards Jerusalem “E1 Project” of Ma’aleh Map Indicating Al-Nuweima Relocation Plan Map Indicating 6

Palestinian Bedouin Communities, Planning or Forced Displacement? Introduction individuals livinginthecommunities. An interviewwasalsoconductedwitha among theBedouincommunitiestargetedfordisplacement, aswellseven 2014. Thestudymethodologyinvolvedinterviewswithsix representativesfrom situated inareasclassiedbytheOslo Accords as“AreaC”. the cityofJericho.Itisworthmentioningthatallthese communitiesare forcefully displacethecommunitiestoareaofTal Al-Nuweima, northof in al-JabalareaeastofthetownBethany).Therelocationplanwillcometo of Jericho,andscatteredintheareaeastJerusalem(excludingcommunities areas ofRamallahandthewesternfoothillsJordanValley, nearthecity of forceddisplacementby Al-Nuweima Plan. the social,culturalandeconomicimpactsonBedouincommunitiesinevent distribution andlandusestherein.Thelastsectionofthestudyshedslighton buildings, aswellas,theintroductionofrelocationplansandmethodsland planning andconditionssetbytheIsraeliCivil Administration forlicensing culture andwayoflife.Thesecondsectionaddressesthediscriminatory confronting Israelipoliciesandtheirresilienceinpreservingindigenous of residence,includingthemechanismsemployedbycommunitiesin social andeconomicsituationofBedouincommunitiesintheircurrentlocations study willconsistofthreemainsections.Therstsectiontacklesthecultural, have onthelivesoftargetedBedouincommunities.Inthisregard, to exploreandanalyzethesocial,culturaleconomicimpactsthisplanwill lands of Al-Nuweima village,nearthecityofJericho.Thisstudywillattempt This studywasconductedbetweenlateSeptemberand lateDecemberof The communitiesencompassedbythestudyaredispersedineastern T in thegovernoratesofRamallah,JerusalemandJerichoto approximately 12,500Bedouinsresidingindifferentcommunities he IsraeliCivil Administration hasannouncedaplantorelocate Palestinian Bedouin Communities, Planning or Forced Displacement? 7 member of the projects committee in al-Jabal Camp were Bedouin communities committee in al-Jabal Camp were member of the projects late 1990s as to learn since their forceful displacement in the have been residing were conducted with two experts, from from their experience. Other interviews in livestock (and mandated Agriculture specializing the Palestinian Ministry of working in agricultural relief. The with Bedouin affairs) and another expert on the subject of the proposed study also entailed attending four meetings on December 16, 2014 focus group was held A plan, in the presence of experts. communities, representatives from comprised of representative from Bedouin Affairs at the the head of Bedouin organizations targeting Bedouins, and was shared with the group Agriculture. The study Palestinian Ministry of accuracy of the information, integrity of and discussed towards ensuring the of the approval of Bedouin community the recommendations, and the extent in nature to The interviews, which were closer representatives of the study. current situation of those communities discussions and dialogue, tackled the how the relocation plan (referred to in and aimed at gauging perceptions on Al-Nuweima plan) is perceived. this study as 8

Palestinian Bedouin Communities, Planning or Forced Displacement? neighboring Bedouins,pertainingtopasturesandwatersources residents’ largereservesoflivestockinsouthHebronhaveresultedcrisisbetween accommodate Bedouinslivingandgrazinganimalsneartheir lands.Forinstance, livestock. Thisresultedincompetitionand,eventually, resistancebyvillagersto limited capacityofpastoralresourcescouldnotabsorbthe growingnumberin semi-arid andsparsely-populatedareasinthecentralWest Bank.However, the villages, andcampsastonotbeconnedlosetheirculturetraditions”. to preservetheirtraditionalwayoflife,theychoseavoidresidenceincities, dependent onthedesertalongwiththeirlivestock,particularly, camels.Inorder Furthermore, Bedouins,innature,residedesertsandtheireconomyishighly Palestine refugeesbecausetheywerehopingtoreturnquicklytheirhomeland. are scatteredintheWest Bank.Theyrefusedtoliveincampsliketherestof Hebron area. According tocommunityleader, Abu Suleiman;“OfcourseBedouins locations compatiblewiththeirnomadiclifestyle,suchasthesemi-aridlandsin and al-Jahhalin,eachofwhichisbrokendownintosmallerfamilies. of theWest Bankaredistributedinthreemaintribes:al-Ka’abneh,al’Rashaydah comprised ofhighlypopulatedcommunities.Bedouinslivinginthecentralarea whereas thoseinthesouthernandcentralregionsaswellJordanValley are the northandwestofWest Bankarecomprisedofsmallindividualfamilies, scattered inallareasoftheregion,varyingdensities.Forinstance,Bedouins opted tostayintheWest Bank.ThosewhomcametotheWest Bankcametobe and southofHebron,partthesetribesimmigratedtoJordanwhileothers displacement fromtheNegevdesert,specicallynortheastNegev, Tel Arad the cease-rein1951forrefusingtocooperatewithIsraelis”.Followingtheir Community leader Abu Khamissharedhisaccount:“weweredisplacedfollowing cease-re in1951.Reportsindicatethat70%ofBedouinsarePalestinerefugees. from whichtheyweredisplacedin1948.Othersfollowingthe The Current Status ofBedouins Therefore, BedouinsweredispersedintheWest Bankareas,mainlyinpastoral, Displaced Bedouinsrefusedtoliveincampsandwereratherscattered Bedouins scatteredintheWest BankareoriginallyfromtheNegevdesert Falah (1989)highlightsseveralelementsleadingBedouins tosettledown ( Heneiti 2010:174).

Palestinian Bedouin Communities, Planning or Forced Displacement? 9 . (Falah 1989: 28) Regarding the rst factor: Falah suggests two demographic factors which have contributed to the Falah suggests two demographic factors sedentary shift of Bedouins’ lifestyle. Both factors emanate from the imbalance lifestyle. Both factors sedentary shift of Bedouins’ and livestock, and the capacity of the between the growing number of Bedouins this growth. The changes in the number available area of land to accommodate for Bedouins of livestock have led to a state of instability and forgo a nomadic lifestyle. He classies those elements into two types: lifestyle. He classies those elements and forgo a nomadic be easily separated Both are interrelated and cannot general and specic. of security general elements include the improvement or distinguished. The Bedouin community, the demographic density within the and law conditions, the However, mingling with residents who are sedentary. urbanization and and political factors encompass; environmental, economic specic components and All these elements are interrelated cultural factors. as well as social and and understanding be taken into account in analyzing integrated and should Bank. Thus, the Bedouins in the West the settlement and living conditions of a whole. study shall address these elements as 10

Palestinian Bedouin Communities, Planning or Forced Displacement? (i.e. infrastructural,public,education,health,etc.). Attempting tointerpretthe difculties inmeetingincreasingserviceneedsassociated withanurbanlife Bedouins’ marginalizationfromsurroundingcommunities,theyencounter achieve culturalharmonyoreliminatediscrimination. Moreover, given interactions withsuchcommunities,thoughcontact didnotserveto communities tocitiesandvillagestheavailability ofopportunitiesfor Bedouins toseekasedentarylife.Suchincludethe proximity ofBedouin would graduallyabandontheirnomadiclifestyle. individuals tomoveurbanareasseekjobopportunities,andthus,Bedouins would eventuallyleadtothefragmentationoftribalsystemdrivingmany entail achangeinthesocialandculturalstructureasconsequence.This Nevertheless, thereareotherfactorsinadditiontotheabovetwoprompting The secondfactorpromptingBedouinstoabandonanomadiclifestyle: Therefore, suchinstability(i.e.changeintheeconomicstructure)would ( lifestylelinkedtotheirplaceofworkadopt anewpattern ofasedentary increase inthereliance onsuchsources. Bedouins,hence,wouldcometo demographic reproduction, wouldcreate, agradual inthelongrun, The adoptionofsupplementallivingsources, alongwithanincreased growth ofthehumanpopulationandinsufficientsources ofgrazingland. for thecommunitytomaintainaconsistentlivestock size despitenatural sources ofliving,wouldallowThe gradualadoptionofsupplementary agriculture andpaidlaborforincome and replace itwithanewstablelivingpattern, suchasthereliance on the optionofsellingtheircattleandabandoningpastorallifestyle Bedouins’ accesstoexistingpastures isdenied,wouldleave Bedouinswith changes inlandusesorforpoliticaladministrative reasons by which alternative pastures fordevelopmental reasons orotherreasons related to leave theirlocationstoseekalternative pastures. Failure infindingsuch in theevent ofscarcity aresult, ingrazingland.As somefamiliesmay A consequentialdetachmentfrom thesocialunityoccursinatribeorclan Falah 1989:28-29) .

(Falah 1989:28-29) . Palestinian Bedouin Communities, Planning or Forced Displacement? 11 The majority of the households displaced from the Negev desert or Tel desertNegev or the from The majority of the households displaced as they had been utilizing east of Hebron, to the area relocated Arad area of their grazing lands when these lands prior to 1948 for the quality al-Qatif, Wadi in family stayed Our witnesses droughts. areas southern They would stay for two months then move in tents. they lived and where a stable location for each have to another mountainside. They did not in the mountains then headed they resided summer, In season of year. in the winter. Valley in the Jordan areas back to the warm Lands over which Bedouins reside in the central area of the West Bank are Lands over which Bedouins reside in the central area of the West Additional factors which have contributed to the forced settlement of which have contributed to the forced Additional factors Bank, the Negev desert to the West Following their forced displacement form classied into four types of ownership: private ownership, Waqf land (charitable classied into four types of ownership: private ownership, Waqf trust), ownership by families in the nearby villages and cities, village communal For instance, the lands over which ownership and government or state property. al-Muliehat group (part of al-Ka’abneh tribe) reside are owned by families from and the village of Der Debwan, the Khan al-Ahmar lands are private property Anata, al-Mu’arajat lands are classied others are communal for the town of and the Bedouin community Sath al-Bahar are situated on as state property, land. Islamic Waqf Bedouins involve certain practices of the Israeli occupation. Such practices practices of the Israeli occupation. Bedouins involve certain efforts to adapt to grazing land for livestock. Despite include denial of access have forced some culture and lifestyle, Israeli practices and maintain their life. For instance, in to abandon their nomadic way of Bedouin communities Adumim of Ma’ale communities near the Israeli settlement the 1990s Bedouin area, adjacent to the town of Bethany. were forcefully relocated to the al-Jabal Abundancy life of seasonal movement. Bedouins continued to live a similar critical for the maintenance of living of land and freedom of movement are region has large expands of communal conditions and pattern of life. The abundance of springs. Jamil speaks sparsely populated grazing lands with inhabit: use of the land which they currently about Bedouins’ situation of Bedouins in the West Bank, we nd that these factors have affected Bank, we nd that these factors in the West situation of Bedouins of forgoing their indigenous way of life. their lives, in terms 12

Palestinian Bedouin Communities, Planning or Forced Displacement? unpublished data). for grazingandcompellingthemtoengageinothersources ofincome,arethe at discontinuingBedouinswayoflife,mainlythroughreducing areasallowed grazing constitutesupplementarysourcesofincome.Israeli pressuresaimed as theirprimarysourceofincome than 90%ofBedouinsincommunitiestargetedfordisplacement relyongrazing mainly theirrelianceonlivestockasprimarysource ofincome,asmore them frompracticingmostaspectsoftheBedouinlife.Suchwasachieved preserve theirnomadiclifestyle.Therefore,becomingsedentarydidnotprevent livestock. Theywerealsoabletondmanymeansbywhichthey to preservetheircultureandwayoflifethroughincomeacquiredfrom in lightofthegrowingBedouinpopulationandlivestock,Bedouinswereable moving childrenamongschoolsfromoneareatoanother.” to engagementinschoolsandsimilaractivitiesmakesitimpossiblekeep to beablereturnthem.Moreover, beinglinkedtoacertainlocationdue were leftinthearea.Therefore,wehadtorememberourlocationsorder winter, theIsraeliswouldnotallowthatunderpretextnoresidents communities, saying:“Whenyouerectyourtentinthisareathenreturn the reasonsunderwhichtheyhavebeenforcedtosettleintheircurrent be usedbyBedouinsforgrazingandthecontroloversprings).Jamilnoted of IsraelipressuresexertedagainstBedouins(i.e.reducingareasallowedto in theseareas.Theurbanizationandsedentaryprocessemergedasaresult late seventiesandearlyeighties,Bedouinfamiliesbegantosettlegradually duly upontheirrequest”. knowledge ofthepeopleDerDebwan,clanhasbeengiventhiscerticate Maghayer alDer, onthelandsofDerDebwanatcurrenttime.With thefull no objectionfortheMuleihatSheimanBedouinclantoresideinareaof under specialunderstandingswithlandownersandthemunicipality, has of DerDebwan,states:“ThisistocertifythattheDebwanmunicipality, rely onothersourcesofincome,particularly, laborinIsraelisettlements Despite thediscriminatoryIsraelipoliciesimposedagainstBedouins,and Following theIsraelioccupationofWest Bankin1967,mainlythe A sealedletter, entitled“towhomitmayconcern”,signed bythemayor

Income generatedfromlaborinsettlementsoreldsother than

(OCHA, September2014) . However, 10%ofBedouins (OCHA, Palestinian Bedouin Communities, Planning or Forced Displacement? 13

. (OCHA 2013:3)

According to a study conducted by the Palestinian Agricultural Relief Agricultural conducted by the Palestinian According to a study Bedouins adopted many means of preserving their lifestyle. Such means Bedouins adopted many means of preserving Committee in Jericho in the localities Jiftlik, Izbedat, Duke, and Al-Nuweima. and in the localities Jiftlik, Izbedat, Duke, Committee in Jericho approximately 28,473 livestock (sheep Herders in the mentioned areas have milk per annum which is manufactured and goats), producing two 2,272 tons of and the remainder into 275.5 tons as follows; 67% to 379.3 tons of feta cheese into yogurt paste), and 59.6 tons of of yogurt (most of which is manufactured 2014). (PARC and consumed locally, drayed yogurt. The products are marketed that means that each unit of livestock If these calculations are gured in, Furthermore, Israel has zooned large areas of the West Bank (accounting for Bank (accounting has zooned large areas of the West Furthermore, Israel of military training “closed military zones” for the purposes more than 18%) as same area under full This area roughly represents the or as “ring zones”. area of the which represent 17.7% of the total Areas “A”, Palestinian control, Bank West main reasons behind that 10% of Bedouins work in elds other than livestock. that 10% of Bedouins work in elds main reasons behind produces 79 liters of milk per annum. According to veterinary statistics certied According produces 79 liters of milk per annum. in 2013, the quantity of livestock Agriculture from the Palestinian Ministry of to 41,125 animals producing 3,207.8 in the Jerusalem governorate amounts 65,301 animals produce 5,093.5 tons of tons of milk per annum. In Jericho produce 2,786.5 tons of milk per annum. milk and in Ramallah 35,724 animals included scattering in small and relatively dispersed communities, with each Bedouin community consisting of two to three generations of the same family. For example, the Bedouin community in the area of Sath al-Bahar (which Arabic “sea level”) is comprised of three brothers, their children and means in grandchildren, i.e. 12 families and about 70 individuals who all descend from the Bedouin community in Utul Edweik are the same ancestors. Similarly, comprised of approximately 300 persons from among 32 families descend from the same ancestors. Such family fragmentation emerged in an attempt to adapt to the Israeli policies directed against Bedouins. The establishment of multiple families in the same community with large numbers of livestock resulted Therefore, the three governorates, in which the Bedouin communities targeted Therefore, the three governorates, in in, herd 142,150 animals and Al-Nuweima plan reside for displacement by the tons of milk per annum. produce 11,097.7 14

Palestinian Bedouin Communities, Planning or Forced Displacement? consists oftwoorthreegenerationsatmost. fundamental elementoffamilycohesiononthebasiskinship,aseachgrouping characteristics, namelyadherencetotraditionsandfamilyhonorthe in ordertoavoiditsconscationbytheIsraeliCivil Administration. family membershadtoremainin Al-Nuweima al-FawqaBedouincommunity of thefamily)tolandsvillageal-ZawiyehwestSalt.Some Fawqa, movedwiththeirlivestock(alongsomemen,womenandchildren Hussein al-Rashaydah,settlingintheBedouincommunityofal-Nuweimaal- beginning ofOctober(thesummerperiod).Forinstance,thefamily Abu women andchildrenofthefamily)lastsfrombeginningMayuntil Beitunya andEinQiniyavillage.Thismigrationwithlivestock(andsomemen, Bahar ,movedtotheareawestofRamallahinmountainssituatedbetween Hamadeen family, settlingintheBedouincommunityareaofSathal- by Israeliforces)betweenthreetovemonthsoftheyear. Forexample,al- members remainintheirlocationofsettlementordertoavoiddisplacement of livestock,accompaniedwithsomefamilymembers(asthemajority with theirlivingconditions.Thisapproachisbasedontheseasonalmovement members, asBedouinsconstantlymovebetweenlocationsincorrespondence the adoptionofseasonalmovementlivestock,accompaniedbysomefamily Bedouins areprohibitedfrommovingtootherlocationsin Area “C”. way oflife.Thoughsuchfragmentationoccurredpriortothe1990s,today families tomovemoreopportunelocationsforpracticingtheirtraditional population growthamongBedouins.Collectivelythesefactorspromptedsome in overcrowdedgrazingareas,duetoaccessrestrictionsandhighratesof Another meansbywhichBedouinspreservedtheirlifestyleisthrough Bedouin communitieswereabletopreservetheirnomadiccultural Marriages are arrangedthrough consultations andagreements between wivesfor Bedouinmentomarry from thesamefamily, clanor tribe. which forms theclan.According totheirtraditions,itispreferred up to25.Marriage isusuallyanevent thatinvolves anetwork offamilies Some menhave twoorthree wives withanumberofchildren amounting Bedouin familiesare usuallylargewithanaverage ofsixtoten children. Palestinian Bedouin Communities, Planning or Forced Displacement? 15 . (Avendaño 2007: 22) (Avendaño parents, uncles and cousins. Although marriages with non-Bedouins uncles and cousins. Although marriages parents, to strictly adhere the majority of Bedouins, however, occur in some cases, their traditions Families in the Bedouin gathering living in the area of Otl al-Doyouk adopted Families in the Bedouin gathering living The scattered tents or tin houses of Bedouin families re]ect one of the or tin houses of Bedouin families The scattered tents main features of spatial architecture in these communities, in which distance architecture in these communities, main features of spatial maintained between no less than fty meters. Proximity is between families is As Bedouin married children. as the father and his family, houses of the same in the same house married sons to live with their wives culture does not allow importance as is common in Palestinian villages. Such re]ects the of the family, culture. of privacy and family honor in the Bedouin three architectural approaches of land use. It is worth noting in this context that three architectural approaches of land Arabic)) means the sanctity of the house in the housing area (Durook al-Beit- which the housing area of Mahmoud al- is no less than three dunums. For example, 70 animals), and the housing member, Rashaydeh is 3,582 sq meters (with 7 family with Mohammed and is similar, homes area around each of his rst cousins’ being about 3,236 and 3,184sq meters respectively (with housing areas Yousef’s These housing areas are utilized for the 15 family members and 50 animals). barracks, hospitality barracks, kitchens accommodation of housing barracks, sheep for fodder and fowl. For instance, the and bathrooms as well as other barracks (equaling 3,236 sq meters) is divided as housing area of Mohammed al-Rashaydeh” meters allocated for housing barracks follows: an approximate area of 145 square 59 square meters allocated for a (utilized for sleeping, particularly by females), meters is used for the “taboon” oven, two kitchen barracks, an area of 10 square 71 bathrooms behind these barracks, 46 square meters for a hospitality barracks, square meters for sheep barracks, and about 203 square meters located between the housing and the kitchen barracks, as well as an area of about 23 square meters allocated for fodder barracks. In addition, there is a barn utilized for feeding animals, as well as its annexed facilities such as water cisterns etc., which amount collectively in area to approximately 700 sq meters. Mohammed al-Rashaydeh’s family is comprised of 12 members, of which 5 are married adults, with 100 animas. The reason behind maintaining a distance between the hospitality and housing 16

Palestinian Bedouin Communities, Planning or Forced Displacement? as itdoesn’t satisfyhiscurrent needs. dunums. Mohammedal-Rashaydehcomplainsofthecurrentrestrictionsinspace, the totalareaoflandoverwhichextendedlargefamilyresidesondozens Mohammed al-Rashaydeharethoseofhisbrothers’ andrstcousins’,whichmakes particular sheepseparatedfromeachother. Thefamiliesresidingnearthefamilyof builds additionalbarnsduringthegestationanddeliveryperiodofsheeptokeep of thefamilyandparkingareaforcarstractors.Moreover, thefamily and donkeysarekept,aswellas,areasplantedwithvegetablestomeettheneeds addition, thereareotherfacilitieslikethehencoop,andbarnwheredogs etc.) asthesearetasksusuallyconductedoutsidethesleepingbarracks.In chores andeconomicactivity(i.e.washinghanginglaundry, preparingmeals, freely withinthevicinityofhousingbarracks,enablingthemtocarryouttheir and seated.Thiswouldalsoallowwomenanappropriatespacetomovearound barracks istokeepwomenatadistancefromtheplacewhereguestsarereceived territories reportedin August 2011: the CoordinationofHumanitarian Affairs –OCHA intheoccupiedPalestinian authorization oftheIsraeliCivil Administration. TheUnitedNationsOfcefor impossible duetotheIsraelipolicieswhichrequireobtainingapprovaland the infrastructureinthesecommunitieshasbeenverylimitedandalmost and landparceling,aswellotherdomains.Therefore,thedevelopmentof controlled bytheIsraeliCivil Administration intermsofsecurity, planning The majorityofBedouincommunitiesarelocatedin Area “C”,i.e.areasfully demolition atriskof obtaining alicenseandthus,placingtheirconstruction to buildinArea “C”are solelyleftwiththeoptionofbuildingwithout where buildingsare already erected. aresult, As Palestinians whoneed by Palestiniansconstruction inonlylessthanonepercent ofArea “C”, building license.More specifically, the Israeli Civil Administration allows are imposed, significantlydiminishingthepossibilityofobtaininga zones). fortheremaining As 30percent, aseriesofotherrestrictions Israeli army (including areas declared by theIsraeli army asclosed military 70% ofArea “C”landsare allocatedforuseby Israeli settlements orthe (OCHA –August 2011:10) . Palestinian Bedouin Communities, Planning or Forced Displacement? 17

. Moreover, access . Moreover, . OCHA 2014 OCHA Settlement Protection Services Settlement Protection (OCHA – March 2014) – March (OCHA Moreover, demolitions of buildings and infrastructure in Area “C” also and infrastructure in demolitions of buildings Moreover, Furthermore, Bedouin communities (which more than 70% of which are Furthermore, Bedouin communities (which more than 70% of which are Until August of 2014, 340 structures were demolished in Area “C”, which in August of 2014, 340 structures were demolished Until Some Bedouins managed to replace their tents with houses of tin. However, of tin. However, to replace their tents with houses Some Bedouins managed entailed those supervised and supported by international donors; 122 buildings entailed those supervised and supported were demolished compared to 79 in 2011 either completely or mostly located in Area “C”), lack access to utility services either completely or mostly located in to be dependent on solar energy or special leading some, consequently, In addition, the majority of these communities generators for electricity supply. roads to Bedouin communities and roads within these communities are jagged roads to Bedouin communities and roads within these communities are jagged the and dangerous making access to these communities or movement within by community by ordinary vehicles very difcult and particularly inaccessible vehicles whatsoever in winter. caused the displacement of 668 people). While in 2013, 565 structures were caused the displacement of 668 people). buildings and 357 buildings Area “C”, including 208 residential demolished in utilized for livelihood (i.e. barns and used for other purposes, such as buildings displacement of 805 people, more than infrastructure). Such resulted in the 1,473 people were affected by the half of them are children. Furthermore, children. It is worth noting that there demolitions more than half of them were of demolitions in the Jordan Valley, has been a 127% increase in the number structures to 390); Bedouin and when compared to 2012 (from 172 demolished affected), herding communities have been worst organized patrols to monitor these communities almost on daily basis in to monitor these communities almost organized patrols the development of the construction of houses and limit an effort to restrict monitoring, with in these communities. Reports on such the infrastructure in Bedouin demolish houses and modern infrastructure recommendations to on a periodic Administration to the Israeli Civil communities, are submitted and zoning system in the absence of an equitable planning basis. Furthermore, lack access to building permits Area “C” means that the majority of Palestinians of houses, barns or basic infrastructure. for the construction or rehabilitation authorities demolished: For example, in recent years, the Israeli the Israeli Civil Administration and the Administration the Israeli Civil 18

Palestinian Bedouin Communities, Planning or Forced Displacement? considered moreimportantthaneducationorotherconsiderations. as thepersonalsecurityoffemales(whichisassociated withfamilyhonor)is perceived byparentsasadecisivereasontohalttheir enrollmentinschool, education sincedistancebetweentheirvicinitiesofresidence andschoolsis education studies.However, Bedouinfemales,in particular, aredeprivedfrom few membersinagivenBedouincommunityhaving completed theirbasic remoteness, hascontributedtorisingdropoutratesamong students,withonly communities andschools. gets moreriskyduetothedangerof]oodsinvalleysseparatingBedouin their schools.Thisisaproblemwhichfurtherworsensinwinterasmovement cities, themajorityofstudentsneedtowalkalongdistanceinorderreach communities withbusestotransportpupilsschoolsinnearbyvillagesand Although thePalestinianMinistryofEducationprovidedsomethese the demolitionordersforsomeschoolsuntiltheycanndalternativevenues. the IsraeliCivil Administration. However, theIsraeliSupremeCourtfroze In fact,allofthesecommunitieshavereceiveddemolitionnoticesissuedby schools areconstantlythreatenedbytheriskofdemolitionIsraeliforces. 41 BedouincommunitiesinthecentralareaofWest Bank.However, these to theavailabilityofnearbyschools.Schoolsareonlyavailableintwoout increasing theirvulnerability. animal dailyinsummer, sheep) is6-8litersperanimalondailybasisinthewinterand8-12 The averagewaterconsumptionrateforlivestock(specicallygoatsand according familysize,costperunitsquareofwater, andquantityoflivestock. WHO equivalent to20%oftheraterecommendedbyWorld HealthOrganization- consumption percapitainsomeBedouincommunitiesis20literswhich water tanksforsupply, increasingcostssignicantly. Thedailywater are notconnectedtowaternetworksresultingingreaterrelianceonprivate nearby villagesandcities,whichmightbedifcultinsomeinstancestoaccess, health centersandmobileclinics,canonlyreceivemedicalservicesin The deterioratingeconomicconditionsfacingBedouins, coupledwiththeir Moreover, themajorityofBedouincommunitiesaremarginalizedinregards (OCHA –January2013) (UNDP 2013:49) . Ofcialdomesticwaterconsumptionneedsvary . Inaddition,Bedouincommunitieslack Palestinian Bedouin Communities, Planning or Forced Displacement? 19 The Israeli practices, manifested in the lack of housing construction and manifested in the lack of housing The Israeli practices, aid offered to them by the Bedouins consider the quantity of humanitarian infrastructure development for Bedouins as comparable with the natural for Bedouins as comparable infrastructure development services, limiting the limited educational and health growth in population, reduction in connected to electricity and water networks, number of houses livelihoods, restriction demolition and denial of access to grazing areas, house at the displacement of (among other practices aimed in freedom of movement, situation in to a drastic deterioration in the humanitarian Bedouins) have led in surrounding compared to other Palestinian communities these communities insecurity among Bedouin communities villages and cities. The percentage of food compared to a total average of 22% in has amounted 55% (after receiving aid) dropped from 79 percent to the rate of food insecurity Bank. However, the West the successful following 2011) (OCHA 55 percent during the period 2009-2010 and initiative managed by the UNRWA implementation of the food distribution Area and herders in Food Program, in which Bedouin populations the World “C” were prioritized. their minimum basic needs and other entities as not sufcient to meeting PA and steadfastness against settlement expansion and associated threats as land and steadfastness against settlement conned the amount of governmental committee conscation. For instance, a PA home by Israeli forces (under the guise of incurred losses in the demolition of a Al-Nuweima to community of upper building without a permit) in the Bedouin compensation in the amount offered the said home owners 25,000 USD. The PA Palestinian the victim. More recently, of 1,000 USD, which was rejected by the in nancial support to Bedouin Agriculture specied 4 million NIS Ministry of communities and herders. This amount is considered very low given each communities and herders. This amount is considered very low given each worth of animal feed. Therefore, it herder’s to 5-days’ share will merely amount is noticed that the Palestinian government is not following a long-term strategy towards the support of Bedouin communities and its intervention is dependent on annual donations without clear and transparent mechanisms of support. 20

Palestinian Bedouin Communities, Planning or Forced Displacement? certain spatiallocation,beittheircurrentlocationsornew appropriateareas, enabling thestabilizationandresettlementofBedouin gatheringswithina transformation inBedouinlife.Resettlementisdened as“asetofprocesses The Urbanization ofBedouinsandAl-Nuweima Plan of Bedouinsaswell”, seek tosettleBedouinsinxedlocations,bothforthepublicgoodand a “civilized”statelikeIsrael!Thatbeingsaid,governmentpolicies,therefore, a natureis,ofcourse,incompatiblewiththeregionalanddevelopmentplans nomadic natureofmigrationandmovementbetweenlocations–thatsuch indicates thatofcialoccupationeffortsarebeingmadetochangetheexisting grouping”. Falahstatesthattheterm“Bedouinsettlement”,forexample, “Bedouin settling”,settlement”,stabilization”and several termsandconceptstodescribetheplanstargetingBedouins,suchas: sustainability”, (Yiftachel 1998).Researchersandpolicymakerstendtouse residential amenity, economicefciency, socialequity andenvironmental to contributetheattainmentofwell-establishedsocietalgoals,suchas and professionaldiscoursehasthereforetendedtoconcentrateonitscapacity aimed atproducinga‘publicgood’ ofonekindoranother. Planning’s theoretical conceived, byplannersandpublicalike,asarationalprofessionalactivity, reformist andmodernistsocietalproject.Consequently, planninghasbeen “Conventional wisdomportraysurbanandregionalplanningasaprogressive, and modernization,aswellas,otherdevelopmentconcepts. Yiftachel notes: of theirpeople.Thus,planninghasbeenlinkedtotheconceptsurbanization different countriesandtheireffortstoadvanceeconomicsocialconditions that theconceptsofrelocationorsettlementemerged to re]ectthisofcial as anappropriateoptionforthesecommunities.Itis withinthiscontext settlement incertainplannedareasfordevelopment purposesemerges Bedouins practice,ontheother, are“incompatible”.Their relocationor and itsmechanisms,ononehand,thelifeofconstant movementwhich development ofthesecommunities.Bearinginmindtheprocess Planning conceptshavebeenlinkedtothedevelopmentprocessesof An associatedgoalofsettlingBedouinsintocertaingatheringsisthe (Falah 1989:168) . Palestinian Bedouin Communities, Planning or Forced Displacement? 21 . . Falah concludes (Falah 1989: 175) (Abdul Rahman 1991) . . Nevertheless, the content of items contained in either plans, . Furthermore, resettlement also re]ects “the process by which also re]ects “the process by which . Furthermore, resettlement (Abdul Rahman 1991: 68) (Falah 1989: 175) However, planning may be negative in some cases where it aims to control planning may be negative in However, Hence, planning, as described above, may be considered positive planning Hence, planning, as described above, people and disenfranchise them of their cultural, social and economic resources people and disenfranchise them of their policy is practiced by Israel in and livelihoods. Such a negative planning circumstances. Many studies concluded various locations and under different meant to serve Jewish ethnic groups at that the Israeli planning policies are that the Negev regional plan Arab ethnic groups. Falah states, the expense of resources in that area, ignoring the evidently aims at “exploiting the natural in terms of: the current pattern existence of Bedouins in that area, especially of Bedouin the spread grazing activity, of land use by Bedouins, the extensive of houses in a low density area and the demands of Bedouin to own large tracts land.” (i.e. aimed at the improvement and development of people’s lives and the lives and development of people’s (i.e. aimed at the improvement and conditions). Such was the case advancement of their social and economic plan in north Sinai by which more than one with the Egyptian government’s is equal to about four thousand square million acres were reclaimed (an acre there kilometers) and Bedouins were resettled that the primary goal of implementing the programmed relocation projects for that the primary goal of implementing the programmed relocation projects Bedouins is “to seize Bedouin land after being evacuated, whether through land conscation, closure or by making deals of exchange by which the Bedouin or gets a larger share in the programmed relocation projects in return of selling and in line with their conditions, values, systems, basic needs, desires and conditions, values, systems, basic and in line with their the purpose of causing within a dened period of time, for behavioral patterns lifestyle, traditions in the prevailing social and economic an intentional change and national plans” as well, in light of thoughtful local and behavioral patterns (Abdul Rahman 1991: 67) or the so-called “area development”, was designed for the benet of residents or the so-called “area development”, was designed for the benet of residents the elements of organized and structured economic stability and independence and structured economic stability the elements of organized at least, in the nearest in their current locations or, are provided for Bedouins locations”. of the existing Jewish cities and the prospective agricultural settlements as of the existing Jewish cities and the prospective agricultural settlements As for Bedouin inhabitants, the plan pointed out that they will benet well. after the establishment of the industrial zone”. 22

Palestinian Bedouin Communities, Planning or Forced Displacement? (Yiftachel 2014:289) abandoning theirlandintheNegev” phases since1997 expansion ofthesettlementMa’ale Adumim”, hadbeendisplacedinthree families fromal-SalamatJahaleenBedouins,residinginareastargetedforthe near thetownof Abu DisintheWest Bank,occupiedin1967,notedthat;150 for Palestinians,said: Falah ontheobjectiveofplanspreparedbyIsraeliCivil Administration However, astudyconductedbytheUNRWA andBimkominal-Jabalarea urban environment. Thoughtheexistenceofspacioushouses,avillage village, onegetsamixed impression ofanabandonedsomewhatsemi- and even reaching theground level insomeroads. Wandering across the giventemporary thatcablesare, inmanycases, hanging downwards networks, theelectricitysupply, however, ismostlyoscillatingand for burning householdwaste.Thoughlegallyconnectedtoelectricity the remainder are roads, withvacant dirt spacesusually utilized assites networks. However, oftheroads inthatarea aportion are paved while the villageuntil2007),are legallyconnectedtowaterandelectricity (assomefamilieshaveconstruction notbeenofficiallyintegratedin Currently, alldwellings inal-Jabal area, stagesof thoughatvarying in sectorssuchasplanning,development, educationandlocalgovernance. Bedouins, prohibited thereturn ofrefugees andmarginalized Bedouins so far. In theNegev area, thestateofIsrael reduced landacquisitionby Negev through whichithadbuiltabout28Bedouintowns andvillages was theimpositionofforced urbanization ofBedouinsinGalilee and building newneighborhoodsanywhere onthisland.Theonlyexception time, itdestroyed more than400Arabvillagesandprohibited Arabsfrom situated inthearea between Jordan andtheMediterranean Sea. At thesame policy shows theestablishment ofabout1,100Jewish onlysettlements aimed attheJudaization ofthe“landIsrael” or“historicPalestine”. This severe manifestations.Since 1948,Israel haspracticedaconsistentpolicy Land seizure andforced relocation ofinhabitantsare themostevidentand . (Bimkom andUNRWA 2011: 14) (Falah 1989:175) . Thesamestudyfurthernoted; . Yeftachel, whoagreeswith

Palestinian Bedouin Communities, Planning or Forced Displacement? 23 . (BIMKOM and UNRWA 2011: 16) 2011: (BIMKOM and UNRWA . (UNRWA and BIMKOM 2011: 21) and BIMKOM 2011: (UNRWA committee and a big mosque indicate a relative affluence of population, affluence mosque indicate a relative committee and a big indicates an inherent to public spaces, however, the absence of attention also includes a new high managed. The village are flaw in the way things out worn contradicts the condition of the starkly school, a fact which (including buildings primary below-standard by school characterized toilet system and glass, an effective lacking window tin containers) and basic equipment The study noted that; Israeli practices, including the establishment of Israeli practices, including the The study noted that; Area “C” in on Bedouins residing in Israel has placed tremendous pressure order to displace them to other locations and conscate their lands. Mohieddin order to displace them to other locations Saber calls this process “moral eviction”, which is primarily dependent on the Saber calls this process “moral eviction”, by isolated local economies livelihood (characterized eradication of Bedouins’ their civilization and replacing and personal relations) towards dismantling thematic community action”,(Saber it with the impersonal relations and the intentions of the Israeli occupation 1966: 47). It is within this context that (manifested in reducing grazing forces can be assessed. In spite of this policy, the areas, demolishing newly constructed houses and barns, and preventing managed to Bedouin from developing infrastructure,) Bedouins, however, maintain their steadfastness in their gatherings under such policies violating after the failure of all the previous attempts their dignity and rights. However, Administration issued aimed at the displacement of Bedouins, the Israeli Civil demolition and eviction orders for many Bedouin gatherings, including those as a result of Yet, residing in the areas of Jerusalem, Ramallah and Jericho. the legal challenges led by Bedouins against these orders and notices before settlements, are considered illegal and incompatible with international law, by incompatible with international law, settlements, are considered illegal and in some 39,000 inhabitants reside recognition. Paradoxically, United Nations’ unlawful entity according Adumim, an illegitimate and the settlement of Ma’ale The settlement also includes 79 kindergartens, 20 schools to international law. settlement refers to it as “the sparkling and 7 swimming pools. The mayor of the quality city for living in, with educational pearl of the state of Israel” and “a high continuous community advancement that accomplishments, evolving trade and residents”, is attained with the contribution of its 24

Palestinian Bedouin Communities, Planning or Forced Displacement? (Human RightsWatch 2014) to transfermoreinhabitants, will beimplementedon1,400smallvacantlandplots,indicatinganintention plans (alongwiththeotherthreewhichhavenotbeenpublishedyet) and onefortheconstructionofanaccessroadto Al-Nuweima area.Thesethree 2014. Two ofthepublishedplansareforestablishmentresidentialareas three ofwhichwerepublishedbytheIsraeliCivil Administration on August 25, to establishaBedouintowninthearea.Thisplaniscomposedofsixschemes, involved theTal Al-Nuweima plan,whichisconsideredthelargestandaims Bank fortherelocationoftargetedBedouincommunities.Theseplans thus designedthreeplanstobeimplementedinthecentralareaofWest Administration succumbedtothedecisionsofIsraeliSupremeCourt,and lifestyle andmeetingtheirneeds,arefound.Consequently, theIsraeliCivil (and consequentdisplacement)untilalternativelocations,appropriatefortheir Israeli courts,theSupremeCourtdecidedtofreezeevictionorders namely 1/1418and3/1417,suggesttheestablishmentofmain roads,byroadsand are adjacentto Area “A”andareclassiedasStateLand.Two ofthesixschemes, accommodation ofsome12,500Bedouins,inthe Al-Nuweima area.Theselands, establishment ofalargecamp,withtotalarea1,460dunums allocatedforthe Bank inordertogroupandorganizethemapropercoordinatedmanner”, its policyaimedatthedisplacementofBedouinsfromlargeareasinWest an Israeliparliamentaryhearingon April 27,2014,thatplansaresetaspartof Mordechai, CoordinatorforGovernment Activities intheTerritories, notedin works, servicesandsoon”, based communityforincometoareliantontrade,engineering have occurredinthelivesofBedouinswhomovedfromanagriculture- to theHaaretz,newtownisconsistentwith“dynamicchanges”that on” forthetransferofBedouinsfromtheirexistingcommunities. According necessary “inordertoallowuspresentthemoralandlegaljusticationlater called byBedouins,the Al-Nuweima Camp. However, thefollowingsectiondiscusses,indetail, Al-Nuweima planoras is untrueforseveralreasonswhichwillbeelaborated later oninthisstudy. The masterplaniscomposedofsixinterrelatedsub-schemes forthe . Mordechaiwentontodescribe;militaryplansaredeemed (Human RightsWatch 2014) (Human Rights Watch 2014) . Nevertheless,thisIsraeliclaim . However, Maj.Gen. Yoav Palestinian Bedouin Communities, Planning or Forced Displacement? 25 and conditions for infrastructure construction. and conditions for infrastructure construction. Determining land uses as residential areas, commercial areas, public buildings, as residential areas, commercial areas, Determining land uses four schemes is about 1,120, with an The total number of housing blocks in the 6. Establishing the conditions for obtaining building permits. Establishing the conditions for obtaining 6. 1. Identifying the boundaries of land portions. 1. lands as planned in the map. Cancelling existing zoning and using 2. buildings in all zoning areas. Determining allowed uses of lands and 3. Setting building rights and restrictions. 4. plan, implementation stages, timelines Clarifying the implementation of the 5. regional roads as well as the allocation of spaces for green areas. The remaining as the allocation of spaces for green regional roads as well areas, industrial allocation of lands to be utilized as residential schemes suggest the areas in addition cemeteries, open (or archaeological) zones, engineering facilities, will target a group of transportation stations. Each scheme to roads and public Those schemes are will be detailed later in this research. Bedouin families as As scheme 1/14 /17. 1419, scheme 1418, scheme 214 /17 and as follows: scheme plans, these schemes aim at: elaborated in the detailed open areas, roads, engineering services area and agricultural roads. open areas, roads, engineering services approximate average area of 500 square meters each. However, a single housing meters each. However, approximate average area of 500 square a two- story each, with an area of about block may include two housing units, and a with the possibility of adding a basement 170 square meters for each story, in order to obtain square meters. However, storeroom with a maximum area of 25 of the building should be built of stone approval for the building permit, the front the location of the housing unit and a blueprint of the neighborhood, indicating As for the livestock should be submitted. comparative to the location of other units, whether and agricultural areas, the plan does not engage any agricultural activity, or animal or botanical, i.e. there is no spaces allocated for barns, livestock, grazing the plan did not ofcially identify the Bedouin communities planting. Moreover, to be transferred. According to an agricultural engineer at the Palestinian to be transferred. the application of scientic methods in Agricultural Relief Committee (PARC), cultivating livestock requires wide expansions of land, as each animal requires a minimum of 2 meters of space. In addition, each animal classication should be separated from the other (i.e. milking animals, gestating animals, males, etc.). Each classication requires different methods of feeding and other considerations. 26

Palestinian Bedouin Communities, Planning or Forced Displacement? schemes aresimilarintheirdetails,termsofthesizeand natureofbuildings one ofthesixschemesindetail.However, itshouldbenotedthat allfourhousing Thus, inordertoclarifythenatureofschemes,wewill address, inthiscontext, the planbelongtodifferentBedouinclanswhichsubdivide intoBedouinfamilies. al-Rashaydeh andal-Ka’abneh. is morethan20clusterbelongingtodifferenttribesandclans,suchasal-Jahaleen, that thetotalnumberofBedouincommunitiesproposedfortransferto Al-Nuweima Israeli Civil Administration anddirectedtocertainBedouincommunitiesreveal institutions operatinginBedouinclustersandverbalstatementsmadebythe Therefore, muchspaceisneeded.However, surveysconductedbyinternational clusters (thoughthislistisnon-exhaustive): No. 0M’z aa aalh2 a lTe aalhAl-Ka’abneh Ramallah Rasal-Teen 22 24 Al-Ka’abneh Jerusalem Al-Kassarat 12 Ramallah Ma’aziJaba’ 10 11 8 9 lHtrr eih lJhle 4Al-Khan 14 Al-Jahaleen Annabi 3 Jericho Al-Hathrura 2 i lQl eih lK’be 8Mikhmas 18 Al-Ka’abneh Al-Khan Einal-Ouja 17 Jericho 7 Al-Ka’abneh Einal-Qilt 6 Jericho Deral-Qilt 5 Al-Nuweima 4 lMsru eih 13 Jericho Al-Mashrou’ 1 As indicatedinthetableabove,Bedouinfamiliestobedisplaced assuggestedin Gathering Jaba’ Bedouin Sateh al-Bahr Jabal al-Baba Mousa al-Fawqa al-Fawqa Bedouin Cluster aalh2 ai lSe aalhAl-Ka’abneh Ramallah Wadi al-Seeq 23 Al-Ka’abneh Al-Ka’abneh Ramallah Ramallah EinSamia 21 Ramallah EastTaybeh 20 Al-Jahaleen Al-Jahaleen Jerusalem Jerusalem eih lK’be 9Maghayeral- 19 Al-Ka’abneh Jericho Al- Al-Khan 15 Jericho Al-Jahaleen Jericho oenrt aiyNo. Family Governorate Rashaydeh The followingtableillustratesthepotentiallytargeted 6Al-Khan 16 al- Samen al-Ahmar: Makab Al-Khan Ein al-Rashrash Mahtoosh al-Ahmar: al- al-Sidr al-Ahmar: Wadi Deir Bedouin Falah al-Ahmar: Abu al-Hilo al-Ahmar: Abu Bedouin Cluster euae Al-Jahaleen Jerusalem Al-Jahaleen Jerusalem aalhAl-Ka’abneh Ramallah Al-Ka’abneh Ramallah Ramallah Al-Jahaleen Jerusalem Al-Jahaleen Jerusalem Al-Jahaleen Jerusalem oenrt Family Governorate – al-Mleihat Palestinian Bedouin Communities, Planning or Forced Displacement? 27 % 27.9 32.6 24.1 28.2 Area (in dunums) % Area (in dunums) Distribution of Land Uses as per Plan 1/1417 as per Distribution of Land Uses Land Use quo Status situation Proposed As indicated in the table above, the current area is entirely agricultural land. As indicated in the table above, the current It is worth noting that the total area of land included in the plan is 85.5 the total area of land included in the It is worth noting that Furthermore, the plan species the uses of land plots in detail, prohibiting uses Furthermore, the plan species the uses of land plots in detail, prohibiting uses Trade areaTrade Public buildings areaOpen spacesProposed road Existing or approved roadAgricultural areaAgricultural roadTotal 3.6 4.2 81.9 2.4 1.1 95.8 2.4 29.8 1.3 85.5 34.9 100 0.2 85.5 0.2 100 Housing area “A” (agricultural village, housing area) Land allocation as well as land uses, licensing and approval conditions. Yet, these schemes vary Yet, licensing and approval conditions. as well as land uses, commercial units, etc. planned area, number of housing and in terms of size of the scheme 1/ 1417 , designed for the is herein, as a case study, The scheme described Village. Western and bears the name al-Rashaydeh accommodation of al-Rashaydeh, dunums. The table below illustrates land uses as specied in the plan: below illustrates land uses as specied dunums. The table Yet, according to the plan, the agricultural area shall be changed to housing and according to the plan, the agricultural area shall be changed to Yet, buildings and roads. Therefore, this plan commercial areas in addition to public by this plan, from their current eco- would eventually deprive Bedouins, targeted il- nomic and agricultural resources, animal and botanical alike. Furthermore, as Administration denies the existence of the lustrated in the plan, the Israeli Civil any Bedouin clusters currently living on the land, as the plan has no mention of not residential area when noting the current situation. Hence, such a plan does accurately re]ect the current situation since it ignores the existence of 32 Bedouin families, i.e. about 300 individuals, belonging to Arab al-Rashaydeh. families, i.e. about 300 individuals, belonging to other than those specied in the plan. Though much detail is provided on conditions the plan leaves many issues set for obtaining a permit for land use, however, 28

Palestinian Bedouin Communities, Planning or Forced Displacement? the frontsideofbuildingshouldbebuiltstone. connect ittoutilityservicesandroadnetworks,etc. Also, theplanrequiresthat materials tobeusedaswelldeningwaysestablishitsinfrastructureand includes specicationsonthenatureofbuilding,itsshapeandconstruction for constructionmaps,andnaldevelopmentofarea.Thedetailedplanalso criteria toconductconstructionofinternalroads,obtainingneededapprovals demolition ofexistingbuildings,levelingandcementingland,meetingeligibility may needtobeundertakeninseveralstages,suchas;obtainingapprovalfor in severalphasesdependingonthecurrentconditions.Forexample,construction purposes. Moreover, buildingpermitsmaybegrantedeitherinasinglephaseor with anareanotexceeding15squaremeterstobeusedfornon-commercial addition toabasement]oor, aswellthepossibilityofaddinganannexbuilding single landplot(ofhalfadunum).Eachhousingunitshallconsistoftwo]oorsin is 175squaremeters.Theplanallowstheconstructionoftwohousingunitsina a totalareaof1,101squaremeters.However, themaximumareaofeachbuilding total areabetween460and672dunums,aswellanothersinglelandplotwith the StaffOfceronEnvironmental Affairs andrelevantplanningcommittees). ambiguous tobedeterminedlateronbythevariousIsraeliauthorities(specically Israeli PlanningTreaty, whichstates; inconsistent withtheprinciplesofurbanplanning,andthis evenappliestothe their eradication.Moreover, suchplanningmethods andmechanismsare culture whichtheyhavemanagedtosustaininspiteof pressuresattempting plan isinconvenientfortheirneedsandincompatiblewith theirlifestyleand them tothat“camp”.However, Bedouins,onthe other hand,believethatthe notify thetargetedBedouincommunitiesabouttheirintentiontotransfer anything aboutit”.TheIsraeliCivil Administration didnotevenofcially community) stated;“theyaredesigningaplantargetingusandwedonotknow in thetargetedcommunities. Abu Mohammed(aprominentmemberofthe designing processoftheplan,itdidnotconsultorcommunicatewithBedouins It isworthnotingthatwhentheIsraeliCivil Administration conductedthe The areaallocatedforhousingpurposesthe52landplotsamountstoa Palestinian Bedouin Communities, Planning or Forced Displacement? 29

(Yiftachel 2006). (Yiftachel

Planners shall be committed before every human…. albeit different…. or different…. human…. albeit every before shall be committed Planners the unprivileged shall serve Planning group….. belonging to a minority it not heard… are on those whose voices with special emphasis as well…. to achieving their rights, defend them and aspire shall stand up for their shall (Planners) their self-realization…. enable them and achieve welfare, alike… through the public and the community be committed towards segments and community to different subtle sense, listening showing genuine participation allowing with them by establishing a dialogue and Professionalism in the identification of needs and aspirations… it is their and work, lie at the heartethical and moral values of planners’ at the Israeli to such in the planning process to adhere responsibility Committee, Planners Earlier in this study, it was indicated that Bedouins had spread out in low- Earlier in this study, At rst glance, this plan would seem to be, for someone unfamiliar with the At rst glance, this plan would seem to The displacement of Bedouins to Al-Nuweima camp will result in a set of Al-Nuweima The displacement of Bedouins to impacts that will affect all aspects of Bedouin life. Such impacts are interrelated impacts that will affect all aspects of Bedouin the lives of Bedouins, both current and resulting in negative consequences on such impacts shall be divided into two in this context, prospective. However, and economic impacts. categories: cultural and social impacts Cultural and Social Impacts and Social Cultural The Impacts of Al-Nuweima Plan on the Lives of Bedouins on the Lives Plan Impacts of Al-Nuweima The nomadic culture, a modern plan harmonious with modern life and civilization nomadic culture, a modern plan harmonious requirements. It may be said that such a description is true for some individuals not betting this description is Yet, and young families seeking an urban lifestyle. when designed to target Bedouin communities, whether as individuals or families. populated areas in the West Bank (i.e. their current locations of residence, populated areas in the West following their displacement from the Negev) and avoided living in refugee camps, they dispersed which did not suit their lifestyle, customs and traditions. However, into clusters comprised of distant-families (as is still currently the case) and were exposed to repeated aggravation by Israeli authorities, making their life unbearable. 30

Palestinian Bedouin Communities, Planning or Forced Displacement? family) relatedbykinshipandcomposedoftwoorthreegenerations atmost. families. Yet, eachBedouin gatheringiscomprisedofone“Hamula”(extended by degreeofkinship,andthus,theymaintainadistance betweendifferent chores. Furthermore,Bedouinfamiliesaredistributedinthe Bedouincommunity facilities, stockyardsaswellspacesallocatedforwomen forconductingtheir area involvesallthelivingcomponentsofaBedouinfamily: familyhousesand day. Thesanctityareavaries,butitisnolessthan50longitudinalmeters.This is oneofthetraditionsBedouinculturethatstrictlymaintainedtothis approval fromthatfamily. Durookal-Beit(thesanctityofthehousein Arabic) families areallowedtotrespasstheprivateareaoffamilyunlessbyprior practice theirlifeinanaturalandcomfortablemanner. Nostrangersfromother members, eldersandchildren,malesfemalesalike,tomovearound Bedouins erecttheirtentsordwellings.Spaciousareas,however, enablefamily are linkedtothelivestockandavailabilityoflargeareaslandoverwhich pressures collectivelyaimedattheirimpoverishmentandforcefuldisplacement. development ofbasicinfrastructure,demolitionstructures,andpolicyeconomic Such aggravationsinclude;prohibitingtheerectingofhousingstructuresand purity ofthesoulandcandor”, values includesimplicity, commonsense,enduranceofhardships,patience, to asetofvaluesthataredirectlylinkedtheirdailypatternlife.Such preserve sincetheirearlychildhood. According toBarakat;“Bedouinsadhere lifestyle isoneofthecorevaluesbywhichBedouinshadbeennurturedto against Bedouincommunities,asfamiliesandindividualswell.The Such re]ectstheviolationsandharassmentspracticedbyIsraelioccupation stable economicconditions,butrequiresabandoningtraditionalwaysoflife. to choosebetweenalifeofpovertyundernomadiclifestyleoroffering aim atmakingthemabandontheirnomadiclifestyle,bycompellingBedouins considered moredigniedthanlosingtheirlifestyle.However, Israelipractices traditions andBedouinlifestylepreventusfromlivingin Al-Nuweima camp. Land usesspeciedintheplan,areaofeachlandplot, allocation foreach Bedouin life,asapatternofrequiresmanycomponents.Components Yet, livingunderharshconditions,accordingtonomadicculture,is (Barakat1987:76) . Abu Suleimanadded;“Ournorms, Palestinian Bedouin Communities, Planning or Forced Displacement? 31 “Listen, we, as Bedouin families, live by customs and traditions. Yet, Yet, customs and traditions. by as Bedouin families, live “Listen, we, communicate and our and we a social life in this community, have we to live moving However, well. their life as live women and children in such a camp would mean locking women up and depriving them to be understood for This is hard life of freedom. their current from any that women do not enjoy who believe and foreigners the Israelis to the suggested move we in Bedouin communities. If of freedom level the doors of our houses would be locked and women community, since families around anyone, being seen by from would be prevented strangers and Bedouins do not bond in marriage with stranger are example, the majority of marriages in al- Bedouin families. For a family member If family occur within the same family. Hamadeen The displacement of Bedouins by Al-Nuweima plan would result in restricting Al-Nuweima plan The displacement of Bedouins by Bedouin family and conditions for obtaining a building permit are all incompatible conditions for obtaining a building permit Bedouin family and of a half a dunum, or The allocation described earlier. with the Bedouin lifestyle lifestyle, which does not commensurate with a Bedouin even a two-dunum-area, exerted against keen to maintain in spite of the pressures Bedouins have been Bedouins describing occupation. Statements obtained from them by the Israeli example, we quote: “a fear of its implementation. For this plan reveal their a spot for ISIS (the camp”, “a massacre”, “it will turn into cemetery”, “a denite Islamic State of Iraq and Syria) indicating the level of potential violence, “like and Syria) indicating the level of potential Islamic State of Iraq self in a grave” , “impossible”, “go there…denitely killing me”, placing one’s and “rather die”, etc. “exterminating us”, “ruining our lives” freedom and disabling their engagement in the public sphere, given women’s conservative compared to other sectors that Bedouin communities are highly lifestyle is the current prevailing Bedouin However, of Palestinian society. without putting pressure on women or consistent with their conservative culture for sanctity is maintained and allows for constraining their freedom; as the space and conduct many economic activities sufcient space for women to move within and chores as well. However, the relocation plan’s threat to women’s freedom threat to women’s plan’s the relocation and chores as well. However, and pressures, depriving them may come to expose them to family repression activities outside, and possibly even from practicing their economic and domestic issue. Jamil describes this situation, saying: family-honor-related 32

Palestinian Bedouin Communities, Planning or Forced Displacement? married sonstoallotaroomfromthefamily’s residence to livein. has preventednewgenerationsfromestablishingseparate dwellings,leading lack ofdwellingsandlandsaswell,thedeterioratingeconomic situation.Such process, thosefamilieshavebeentransformedintoextended familiesgiventhe and unmarriedfamilymembersresided.Nineyearsfollowing theresettlement families wereformedandeachfamilyobtainedahouse inwhichtheparents lifestyle, i.e.movingfromtentstostone-builtdwellings.In thebeginning,nuclear Bedouin’s residentiallifestylefromaBedouinoneintovillage given thatfamiliesshifttonuclearandextendedthereafter. family systeminal-JabalCampandthedevelopmentprocessarecontradictory, the movementofsons’ wivestotheirbedrooms.Heneiticoncludedthatthe that extendedfamiliesinvolvemaleslivinginthesamehouse,hence,restricting women andconnetheirfreedomofmovementtothewallshousegiven mental health.Furthermore,thiswouldsignicantlyincreasethepressureon considered visualpollution.Thismayleadtoanxiety, frustration,andnegative the visualsceneofplanestheticallyunpleasingandunhealthy, whichis for purposesotherthanthoseintended.Therefore,suchwillleadtomaking this wouldalsoresultinunlicensedrandombuildingsaswelllanduses Bedouin families,i.e.theaveragefamilysizeexceeds10members.Moreover, is alsohighpopulationdensity, giventhathighfertilityisoneofthefeatures This wouldultimatelyresultinsignicantfamilycomplications. A consequence to separatehousingunits,leadingthemestablishextendedfamilydwellings. in thisstudy, youngpeopleplanningtogetmarriedwouldnotbeablemove result duetotheimplementationofthisplan,andwhichwillbeaddressedlater for theirresidency. As aresultoftheeconomicimpacts,whichmaypotentially units, accordingtotheplan,whileotherswouldbeleftwithoutanysolutions dunum areaofland,foreachfamilyenablesthetoestablishtwohousing of thenaturalgrowthinpopulation.Theallocationhalfadunum,orevenone Practically, theresettlementprocesshadresultedintransitionof Examining theplan,onewouldndthatitlackssolutionstoaddressissue over this,makingthelivingsituationworseby beinginthecamp. someonefrom anotherfamily,wishes tomarry aconflictmayensue Hnii 00 192). 2010: (Heneiti Palestinian Bedouin Communities, Planning or Forced Displacement? 33 Firstly, that area is tribal anyway…. We cannot inhabit that area or cannot inhabit that area We is tribal anyway…. that area Firstly, of the since it is not the area in Spring, for good pastures go there even would still there there, live if we belong to. Secondly, clans which we be the issue of sensitivity among families, possibly due to old disputes, Jericho is totally the idea of going to Therefore, still present. which are us. by rejected On the other hand, Bedouin communities face the challenge of the presence On the other hand, Bedouin communities The high likelihood of potential disputes, quarrels and crimes among Bedouin of potential disputes, quarrels and crimes The high likelihood of old longstanding con]icts among Bedouin tribes and clans, some of which of old longstanding con]icts among Bedouin Such of Bedouins towards each other. are still dictating behavior and attitudes such communities be grouped in close issues would evolve into crimes should is worth noting that this issue was among it However, proximity to each other. up by Bedouins in length, being a the issues that were unanimously brought and source of equal concern to that of diminishment of their Bedouin lifestyle culture. Jamil describes the situation, saying: families, belonging to the same family or to other clans and tribes, represents to the same family or to other clans families, belonging of Bedouins negative implications of forced accommodation another aspect of the of population Such disputes would occur as a result Al-Nuweima plan. under to live within, and are which Bedouins are unaccustomed congestion in settings According sanctity. culture, let alone the limited area of house inconsistent with their and villages inside in violence rates in Palestinian cities to Khamays, the increase violence”, given to reasons associated with “schematic the Green Line is attributed and inconsistent with Arab cities and villages are inappropriate that planning of needs of citizens. This means that the lack the conditions, aspirations, desires and plans by government authorities, in of planning, or the imposition of imported social fabric, which has impacts not only Arab towns systematically attack their such an attack term as well. Moreover, limited to the short term, but the long in which different violent phenomena would result in scaling up the circumstances disputes between families over land may originate from (i.e. house demolitions, a state of trespassing, etc.). Collectively, boundaries, minimizing of public space, their environment, resulting in the loss alienation is created between citizens and to their present and future. of the sense of tranquility and ease in regards 34

Palestinian Bedouin Communities, Planning or Forced Displacement? concepts ofsustainabledevelopment.Jamildescribesthis situation,saying; will increasealongwithpoorqualityoflifeandsocialills, incontradictionwith many Bedouinindividualshavenootherprofession.Consequently, unemployment in theWest Bank,seekinglivelihoodswouldbeextremelydifcult,especiallythat alternative economicresources.However, inlightofthepooreconomicconditions Nuweima woulddeprivethemfromtheirsourceofincomeleadingtoseek livestock forincome.Therefore,beingtransferredtothe“urbanvillage”in Al- Economic Impacts Abu MohammedZheimanadds: their housesandconscatelivestockotherwise. does notwanttotransferBedouincommunitiesforcibly, butitwilldemolish relocate toproposedBedouingatherings.TheIsraelioccupationstatedthatit their housesandconscatingeconomicresourcesinpressuringthemto cases, theIsraeliCivil Administration closesinonBedouincluster, demolishing alike, opposemovingto-Al-Nuweima,thusaforceddisplacement.Inother displacement under Al-Nuweima plan,allBedouins,individualsandhouseholds making themmoredependentonhumanitarianaid.InthecaseofBedouin conditions giventhatpeoplearedisenfranchisedoftheireconomicresources, Roughly 90%ofBedouinsareeitherentirelyorpartiallydependenton Forced displacementoftenresultsinextremelyseverehumanitarian Kalashnikov rifle]indicatingthemagnitudeofcrimesthatmayoccur[. said before you makeusgothere you needtoprovide eachofuswitha to seepeoplekillingeachother? Tell themAbu Jamil al-Hamadeen neighbors. Also,somepeoplehave vengeance withothers.Do you want strangers tomecomingfromal-Ahmarandbecomingmy al-Khan or even sons;sohow amIgoingtogetalongwithpeoplewhoare total kin alike.People dohave disputesanddisagreements withtheirsiblings For me,Al-Nuweima planisamassacre, anexecution formeandmy the other”. addicts orthieves.drug Thismeansthateachoptionwill beworsethan Thus,theywilleventuallysettlements norinsecurityservices. endupas “Secondly, young menwillbejobless.Theyneither work in Israeli Palestinian Bedouin Communities, Planning or Forced Displacement? 35

(PCBS 2012: 33) . (BIMKOM and UNRWA 2011: 11) 2011: (BIMKOM and UNRWA It is true that our livestock is little, but so far we do have livestock. livestock. do have but so far we is little, is true livestock that our It to Al- 50%, moving is of the livestock say that the availability we If would mean 100% nonexistence of livestock. however, Nuweima, Let me assumingly say that I have of income. This means no source would make there young men, moving unemployed two to five now our means exterminating which four to five, to that number increase with weeks and spend another three for a week can work we life. Now us. this would mean annihilating there move few sheep, but if we The above statistical results indicate that households who are mainly dependent The above statistical results indicate that households who are mainly dependent According to the Palestinian Central Bureau of Statistics (PCBS), the percentage According to the Palestinian Central Bureau of Statistics (PCBS), the percentage In a similar case, the forced displacement of 150 families (belonging to al- In a similar case, the forced displacement Agricultural work, including animal husbandry, is the most convenient including animal husbandry, Agricultural work, economic option for Bedouins. Yet, such an option is lacking in the planned such an Yet, Bedouins. economic option for Abu Suleiman describes; Al-Nuweima. of Bedouin “urban village” Salamat of al-Jahaleen family) to al-Jabal Camp in the late nineties, have Salamat of al-Jahaleen family) to al-Jabal economic resources leading to their resulted in depriving residents from their with very limited employment employment as cheap labor in Israeli settlements in a humanitarian crisis in the camp. opportunities and thus, resulting eventually the and BIMKOM, involving conducted by UNRWA The ndings of a joint study, “the process of forced centralized grouping analysis of case studies indicated that that is (1) socially non-viable and (2) of rural gatherings has created a situation evidently illustrates that the nancial economically un-sustainable. The report courts did not guarantee the social, compensation that has been secured through Arab al- refugees in the village of economic or cultural security of Bedouin Jahaleen, on agriculture have scored the highest poverty rates, while rural communities are on agriculture have scored the highest poverty rates, while rural communities of poor individuals in urban communities and camps is higher than their percentage of poor individuals in urban communities and camps is higher than their percentage Results have in rural areas, amounting to 13,7%, 16.2% and 7.4% respectively. the also indicated that members of large-sized households were the poorest, with or highest poverty rate among members of households consisting of 10 members more. In addition, members of households mainly dependent on agriculture for their livelihoods have recorded the highest rates of poverty prevalence (34%), 36

Palestinian Bedouin Communities, Planning or Forced Displacement? conditions. However, livingincampscurrentlyisfar moretragic,assuchsettings option meantoptingtoabandonsomeprivilegesofcampsamidst theharshNakba from theNegevfollowing1948Nakbaandinearly 1950saswell.This refugee camps,anoptionwhichBedouinshaveopposedsince theirdisplacement Administration entailtheirresettlementinlocationsthat are somehowsimilarto humanitarian aid. them. Thus,immediatesolutionsareneededtoaddressthissituationbeyond extremely severehumanitarianconditionsduetotheIsraelipracticesagainst would failtoaddresstheissueofpovertyduelargefamilysizes. Such wouldleadthemtoseekotheralternativeincomesources,which,ifavailable, that campwouldcometomeanBedouinsbestrippedoftheirlivestock. exacerbate povertyamongBedouinhouseholdsinthatcommunity;asliving lifestyle. work inPalestiniancitiesandvillagesmaintainingtheirlivestockBedouin sources ofincome,suchasemploymentinsettlementswellconstruction conditions duetothediversityoftheirincomesources;Bedouinsseekadditional resources andmedication.Bedouins,however, managetoadaptwithsuchharsh animal requiresapproximately1kgoffeedatacost1.7NIS,inadditiontoother land increases,sodoesdependencyonanimalfeedinfeedinglivestock.Each growing householdsize,andreductioninlivestock). As sizeofprohibitedgrazing minimizing grazingareasalongwithotherfactorsinteralia(i.e.highfeedprices, all stemmingfromtheIsraelipracticestargetingthesecommunities,including poverty ratesisachallenge.Suchhighareattributedtoseveralreasons in creatingastateofcomplementaritypovertyisaddress. economic businessesinsectorssuchasservices,industry, construction,etc.Thus, villages whereindividualscanworkinagricultureadditiontoengagingother However, thelikelihoodofdiversityincomesourcespercapitaisgreaterin the poorestPalestiniancommunities.Suchwouldinitiallyseemcontradictory. Furthermore, thesolutionsproposedforBedouinsby theIsraeliCivil Bedouins residinginthecentralareaofWest Bankareexperiencing Furthermore, forceddisplacementofBedouinsto Al-Nuweima campwould However, thisisnotthecaseinBedouincommunitieswhereissueofhigh Palestinian Bedouin Communities, Planning or Forced Displacement? 37 We even suggested establishing a Bedouin style village. I cannot live suggested establishing a Bedouin style village. I cannot live even We 3 meters separating my house and my neighbor’s. of merely with an area lifestyle and to Bedouin should be 2020- meters apart according Houses for me today I if a house is built this way and even I cannot live culture. suggested the notion We in tents. live We would abandon it the next day. the ones as Bedouins are plans of an agricultural village for Bedouins. Our This is our point of that should be implemented, not the occupation’s. of Bedouin life and culture. view; their plan would mean the eradication or working beggars, robbers this plan, will end up either as Bedouins, by do not obtain high since they in menial jobs. They cannot be employed so, unemployed, are with PhDs Palestinians Even academic degrees. What kind of job think would be the case for the illiterate? what do you to them? opportunity can be offered The options proposed by Bedouins to address their issue with the Israeli Civil The options proposed by Bedouins to address their issue with the Israeli Civil Bedouins demand that the design of such plans be consistent with their lifestyle, the design of such plans be consistent Bedouins demand that are inconsistent with Bedouin needs and lifestyle. Jamil says: “After being displaced Bedouin needs and lifestyle. Jamil says: are inconsistent with contradicted with to be placed in camp as their lifestyle in 1948, Bedouins refused accept living in a camp why is it thought that Bedouin would that of the camps. So, in 2014?” Administration are the most effective given that such options would succeed in Administration are the most effective given that such options would succeed and achieving all forms of sustainable development: economic, social, cultural environmental. their needs associated with such a lifestyle and in locations tting their interests and with such a lifestyle and in locations tting their needs associated desires. Otherwise, they demand to return to their original lands in the Negev, from in the Negev, demand to return to their original lands desires. Otherwise, they that their gatherings Bedouins demand displaced. Moreover, which they have been being that they are the most appropriate in which they currently reside be planned, want to have agricultural however, for their needs and lifestyle. Some Bedouins, Suleiman elaborates; Abu villages in their current locations of residence. 38

Palestinian Bedouin Communities, Planning or Forced Displacement? are guaranteedfreedomtomovearoundandmeethouseholdeconomicneeds). three dunums,andisconsideredtheprivatespaceforeachfamilybywhichwomen on theirdegreeofkinshipandtheareahousesanctity(whichisnolessthan needs. Therefore,theyliveinlow-populatedgatheringsdistanthousesdepending the Bedouinhouseholdandmeettheirpsychological,social,culturaleconomic Bank areconstantlyre-deningtheirlivesinordertomaintaintheprivacyof culture whichismainlydependentonlivestock. services, includinghealthandeducation)Bedouinsmaintainedtheirlifestyle tents, barracksandcattlesheds,prohibitingthedevelopmentofinfrastructure (manifested inlimitinggrazingareas,declaringclosedmilitaryzones,demolishing In spiteoftheIsraeliviolationsandharassmentstargetingBedouingatherings in openspacesappropriateforgrazingordertosustaintheirlifestyleandculture. camps asthemostofdisplacedPalestinianshad.Rather, theypreferredliving Palestinian society. waged laborinlightoftheacceleratedincreaseunemployment ratesinthe traditional sourcesofproduction(livestock)aswell,willmake themdependenton by theplan,isinconsistentwithBedouincultureand stripsthemoftheir displaced. Furthermore,thespatialengineeringanduseof spaces,asdetermined As theBedouinsopposeplan,theirrelocationwouldamount totheirforcibly camp-like locationratherthanurbanvillagesfortheaccommodationofBedouins. and economicneedsofthetargetedBedouins.Itproposesestablishmenta with Bedouins.Moreover, thisplandoesnotmeetthepsychological,cultural of about12,500Bedouinshadbeendesignedwithoutconsultationordialogue West Bankarerefugees. they havebeendisplacedaftertheNakba. Therefore, about70%ofBedouinsintheCentral The vastmajorityofthoseBedouins,however, originatefromtheNegevdesertwhich West Bankaredistributedinthreemaintribes:al-Ka’abneh,al-Jahaleenandal-Rashaydeh. Bedouins aredispersedacrossthe West Bank.However, Bedouinsinthecentralareaof Conclusion Furthermore, duetochangesimposedbyIsraelipolicies,BedouinsintheWest Since theNakba,Bedouinshavebeenopposingoptionoflivinginrefugee The plan,preparedbytheIsraeliCivil Administration fortheaccommodation

Palestinian Bedouin Communities, Planning or Forced Displacement? 39 appropriate for their lifestyle and culture, to be implemented in their current locations, until such time that they are allowed to return to their original lands north-east of the Negev. establishing a process of consultation with them, getting their feedback, establishing a process of consultation with them, getting their feedback, designing plans compatible with and maintaining the Bedouin lifestyle and culture. of the term. culture. eradication of Bedouin which will exacerbate and evolve into con]icts and disputes with each other, in one location. daily struggles should they be grouped leading to the exacerbation of Bedouins from their traditional livelihoods, poverty and con]icts in the gathering. meat and milk, which will lead to Palestinian national production of red from Israel, as well as deepen food dependency of food imports, especially insecurity and poverty. of the issues of housing and high of Bedouins, leading to the exacerbation population density. resulting in the restriction of Bedouin accordance with the Bedouin culture, freedom. women’s choices. development, which basically depends on expanding people’s 10. The majority of Bedouins demand to be consulted in the design of plans, for plans to be 9. Bank is to the issue of Bedouins in the West The most effective solution This study has practically addressed the social, cultural and economic impacts addressed the social, cultural This study has practically key ndings and the lives of the Bedouins. The Al-Nuweima plan on of by this study are listed below: recommendations concluded 1. displacement in all means Al-Nuweima is forced eviction of Bedouins to The 2. the use of spaces, would result in the The nature of this plan, including 3. have Many Bedouin families and tribes, targeted for forced displacement, 4. would deprive more than 90% Al-Nuweima plan Grouping Bedouins under 5. rest in decreasing the Al-Nuweima will The displacement of Bedouins to 6. take into account the natural increase in the number The plan does not 7. the needs of Bedouin women in The plan does not take into consideration 8. The plan by nature and design contradicts with the concept of sustainable 40

Palestinian Bedouin Communities, Planning or Forced Displacement? 14. Governmental andlocalinstitutionsshouldbelobbiedtoadoptlongterm 14. LocalandinternationalNGO’s shoulddevelopprojectsaimedatsupporting 13. 12. Governmental decisionsfavoringBedouinsneedtobeinitiated;through A11. Bedouincollectivevoiceneedstobeunied,aswelltheactivationof exempting agriculturalproductionfromaddedvaluetaxes,etc.). aid andinterventionstopresentneeds(i.e.decreasingpricesofanimalfeed, sustainable developmentplansforBedouincommunitiesandnottolimit them. the steadfastnessofBedouincommunitiesandenhanceservicesaffordedto execution ofpreviousdecisions). for transparentbudgetallocations,politicalanddiplomaticactions, advocacy campaigns,legalmemorials,anddemonstrations(i.e.calling delivery. Bedouins steadfastnessandachievingjusticeindevelopmentservice Palestinian authority, NGO,anddonorinvolvementtowardsprotecting Palestinian Bedouin Communities, Planning or Forced Displacement? 41 , in Shareef Kanaa’neh the Role of the Palestinian Family in Preserving , in Shareef Kanaa’neh the Role Changes in the Social and Economic Structures of al-Jahaleen Tribe by the Occupation and its al-Jahaleen Tribe of Structures Changes in the Social and Economic Life: An Overview of the Humanitarian Conditions in 2012, May 2013. Life: http://www.ochaopt.org/documents/ocha_opt_fragmented_lives_annual_report_2013_arabic_web.pdf Website, – the United Nations. Territories in the Palestinian Affairs Ofce for the Coordination of Humanitarian statistics as of December 2014. http://www.ochaopt.org/content.aspx?id=1010137 & Optimization ANALYSIS CHAIN MAPPING, VALUE Agricultural Relief Committee (PARC). Palestinian Bank: Strengthening West Area “C” in the Middle and North of the for Dairy Products in Selected Locations in 2014. (Unpublished), October, Area C., RAWASI Livestock Holders Livelihood in Spending, Consumption Territories: The Living Standards in the Occupied Palestinian Central Bureau of Statistics. (Ramallah- Palestine), 2012. 2011 and Poverty, http://www.pcbs.gov.ps/Portals/_PCBS/Downloads/Book1899.pdf Statistics (Unpublished), 2013. Veterinary Agriculture. Palestinian Ministry of Approaches (Sers Layyan: Mohyiddin and Louis Kamel Malikeh. Bedouins and Nomadism: Concepts and Saber, in the West Bank: Major Humanitarian Concerns, January 2013. West in the http://www.ochaopt.org/documents/ocha_opt_area_c_factsheet_january_2013_arabic.pdf – the United Nations. Territories in the Palestinian Affairs Ofce for the Coordination of Humanitarian August 2011. Bank, West Area (C) in the Displacement and Security in http://www.ochaopt.org/documents/ocha_opt_area_c_report_august_2011_arabic.pdf http://www.hrw.org/ar/news/2014/09/04-0 – the United Nations. Fragmented Territories in the Palestinian Affairs Ofce for the Coordination of Humanitarian Communities at the Risk of Forced Displacement, September 2012. Communities at the Risk of Forced Displacement, September http://www.ochaopt.org/documents/ocha_opt_communities_jerusalem_factsheet_september_2014_arabic.pdf Nations. Summary – the United Territories in the Palestinian Affairs Ofce for the Coordination of Humanitarian Area (C), 2013. in Weaknesses Data on http://www.ochaopt.org/documents/ocha_opt_fact_sheet_5_3_2014_ar_.pdf Area (C) – the United Nations. Territories in the Palestinian Affairs Ofce for the Coordination of Humanitarian Communities at the Risk of Forced Displacement, August 2011. Communities at the Risk of Forced Displacement, Nations. Bedouin – the United Territories in the Palestinian Affairs Ofce for the Coordination of Humanitarian Abdul Rahman, Abdallah Mohammed. Resettlement and Development in the Desert Communities (Alexandria: and Development in the Desert Communities (Alexandria: Abdallah Mohammed. Resettlement Abdul Rahman, 1991. Dar al-Ma’rifa al-Jami’iyya), Pp: 22-25. 2007), Issue No 112. The Palestinian Bedouins (This week in Palestine, Arturo. Avendaño, Arab Unity Center for Social Exploratory Research (Beirut: A Arab Society – The Contemporary Barakat, Haleem. Studies), 1984. Bank, September 4, 2014. West Israel needs to take back its illegal plans for the Watch. Human Rights Heneiti, Hadeel. Day Present Policies since the Nakba to the the Palestinian Cause and its Future (Ramallah: Palestinian Center for Heritage and Community Studies), 2009. Future (Ramallah: Palestinian Center for Heritage and the Palestinian Cause and its Arab Heritage Revival), Center for Arabs of the Negev 1906 – 1986 (Taybeh: Arabs – The Forgotten Falah, Ghazi. 1989. 2013. Violence, Khamaisi, Rasem. Planning and Social http://akhbarelbalad.net/ar/1/5/608?tpl=79 Nations. Bedouin the United Territories- in the Palestinian Affairs Ofce for the Coordination of Humanitarian References 42

Palestinian Bedouin Communities, Planning or Forced Displacement? Ramallah: Madar–thePalestinianCenterforIsraeliStudies),2012. Yiftachel, Oron.Ethnocrary: The PoliciesofLandandIdentityinIsrael/Palestine(Translated bySulafaHijawi. http://archive.thisweekinpalestine.com/i112/pdfs/August%20-%20112%20-%202007.pdf http://adalah.org/Articles/1428 April 2001,Issue24. Yiftachel, Oron.UnfairandUnjust-Planning ofIndividualSettlementsintheNegev(AdalaElectronicMagazine), http://www.geog.bgu.ac.il/members/yiftachel/paper1.html Literature), 1998, Vol. 12,No.2.pp:395-406. Yiftachel, Oren.PLANNING AND SOCIAL CONTROL:EXPLORING THE ‹DARKSIDE(JournalofPlanning UNRWA andBIMKOM. Al-Jabal: A StudyontheDisplacementofPalestineRefugeeBedouins,2013. Community DevelopmentCenterinthe Arab World), 1966.

Palestinian Bedouin Communities, Planning or Forced Displacement? 43 Annexes 44

Palestinian Bedouin Communities, Planning or Forced Displacement? NGOs inadoptingtherecommendationsandworkingontheir implementation. the workshopaimedatenablinggovernmentrepresentativesandPalestinian recommendations havebeenagreeduponbyBedouinrepresentatives.Moreover, credibility oftheinformationcontainedaswelltoverifywhetheritsndingsand advocacy campaign)wasalsoinattendance. Representative OfceinRamallah(supportingthestudyandBedouin NGO Network.InadditiontoJLACrepresentative,adelegatefromtheGerman among thehealthandagriculturalcoordinationcommitteesofPalestinian (PARC), UnionofHealthWork Committees,aswellas,representativesfrom affairs), representativesofthePalestinian Agricultural ReliefCommittees Ministry of Agriculture specializinginlivestock(andmandatedwithBedouin and Fasayelareas),withtheattendanceofrepresentativefromPalestinian Bedouin gatheringstargetedfordisplacement(i.e. Al-Nuweima, Khanal-Ahmar plans willhaveonthegatherings’ lives. study addressedthesocialandeconomicimpactswhichBedouindisplacement discussion ofthestudypreparedforJLACbyresearcher Ahmad Heneiti.The focus groupworkshop(heldinJerichoonTuesday December16,2014)forthe general. Thefollowingconclusionsandrecommendations werereached: was followedbyanextendeddiscussiontacklingtheissues facedbyBedouinsin presentation ofthestudyandrespondedtoinquiriesraised bytheattendees.This adoption ofrecommendations,aswellbuildingonthem. Study onImpacts ofDisplacement Plans onBedouinGatherings The workshopservedtopresenttheresultsofstudy, verifyingthe Participation intheworkshopincludedrepresentativesofanumber The JerusalemLegal Aid andHumanRightsCenter(JLAC)calledfora Raticationofinformationandconclusionscontained inthestudyand After introducingparticipants,theresearcher, Heneiti, providedavisual for Presenting andExploring theResults of Jericho- December 16,2014 A Focus Group Workshop Palestinian Bedouin Communities, Planning or Forced Displacement? 45 , starting with: organizing a meeting with the , starting with: organizing a meeting

Need to include further materials in the study pertaining to other forms of materials in the study pertaining Need to include further policies involving positions and summary on PNA’s Need to include a were suggested: additional recommendations Two initiated; through favoring Bedouins need to be Governmental decisions should develop projects aimed at supporting Local and international NGO’s range of steps are needed A pressures exerted against Bedouins, including the deprivation of basic services, Bedouins, including the deprivation pressures exerted against etc. and machinery, resources, conscation of equipment restriction on water Bedouins in the study. and demonstrations (i.e. calling for advocacy campaigns, legal memorials, and diplomatic actions, and execution of transparent budget allocations, political local institutions should also be lobbied previous decisions). Governmental and plans for Bedouin communities to adopt long term sustainable development to present needs (i.e. decreasing prices of and not to limit aid and interventions from added value taxes, etc.). animal feed, exempting agricultural production and enhance services afforded to the steadfastness of Bedouin communities them. Minister of Agriculture, facilitating a meeting with the Prime Minister and Agriculture, facilitating a meeting Minister of popular and civil committee hastening the formation of a national, governmental, to support the steadfastness of Bedouins. 46

Palestinian Bedouin Communities, Planning or Forced Displacement? the international law of belligerent occupation and the link with otherobligationsofthe ofbelligerentoccupationandthelinkwith the internationallaw rights lawprovidesadditionalobligationsuponIsrael. internationalhuman Inthatregarditalsoaddressestheextenttowhich international law. relation tocontributingthequalification of forcibletransferorassuchunder ofsuchpoliciesandpractices,eitherin ofthetransferandlawfulness assessment inthelegal land, theExpertOpinionalsoaddressessignificanceoflocallaws ofthe havenoownership andtherelatedIsraeliclaim thatBedouins and demolitions Israeli policiesandpractices,notablytherepeated useofseizureorders,forcedevictions beingcloselyassociatedwith theissueofdisplacement Occupying Power.Furthermore, sitebeingpropagatedbytheICAforrelocationis occupied byIsrael.Themain Bank theircurrentlocationinthecentralWest from communities ruralBedouin remove to ICA), Administration, (IsraeliCivil Administration throughitsCivil Israeli military, out, the displacement to Nuweima would amount toaforcibletransferprohibitedunder wouldamount to Nuweima out, thedisplacement so when planningtodisplacetheBedouins forlackoflandownershiporbuilding so when itisdoing claim andmay Hague Regulationstorestoreandensurepublicordersafety TheExpertOpinionprovidesananalysisof theinterplayofIsrael’sobligationsas 43ofthe1907 applicable law.AlthoughIsraelhastheobligationpursuanttoArticle other of belligerent occupation with undertheinternationallaw Power an Occupying the Expert While A. adjacenttoArea C, intheregionofJericho inArea Nuweima would amount toaprohibitedforcibletransfer, In particularno amount would allconditions being met. theExpertsplan torelocateBedouinsNuweima, concludethatthisplan ifmaterialized, Regardingtheparticularcaseof constitutiveofacoerciveenvironment. circumstances asetof broadly, beyondthespecificuseofphysicalforceandcan resultfrom beinterpreted “forcible”must occupied territory.Theopinionalsoshowsthattheterm established internationaljurisprudence,prohibits an equallyforcibletransferswithin practices. ofIsraeliassociatedpoliciesand Italsoaddressesthelawfulness of preexistinglocallaw. ofthelacklandownershipbasedoninterpretation relevance oftheIsraeliargument undertheprohibitionofforcibletransfer andthe toNuweima Bedouin communities Ittherefore reviews oftheremaining prevented, existinglaw. the planstodisplacesome 43’sdutytorespect,unless absolutely achieve itsobligationsisalsorestrictedbyArticle furtherstressesthattheOccupant’slegislativepowerto TheExpertOpinion GCIV). prohibition totransferpartsofitsownpopulationintotheoccupiedterritory(Art.49(6) andArticle 46 ofthe1907HagueRegulations)and 53ofGCIV property (Article Law(IHL)prohibitions,notablytheprohibitionofforcibletransfers Humanitarian byspecificInternational basedonlocallaws,thisobligationisalso limited permits case of Nuweima. It primarily looksatdet Itprimarily case ofNuweima. it alsofocusesonthespecific stillpendingbeforeIsraelicourts, desert, amatter Negev their ancestrallandsinthe from over thepastsixdecades,includingdisplacement thataffectedBedouincommunities relates toabroaderpatternofdisplacements Opinion security considerationscanbeinvoked asajustificationforanevacuation asforeseenin theprohibitionofdestructionprivate GCIV), IV, Convention 49ofGeneva (Article Remaining BedouinCommunitiesfrom theCentral West Bank to This Expert Opinion wasrequestedinthecontext ofrecentrenewedeffortsbythe This ExpertOpinion Firstly, Article 49 of GC IV, interpretedinitscontextandaccordingtowell- IV, 49ofGC Firstly, Article Expert OpinionExpert ontheCurrent Attempts toDisplace the Al-Nuweima underInternational Humanitarian Law By Dr. Théo Boutruche and Professor Marco Sassòli By Dr.ThéoBoutrucheandProfessorMarco EXECUTIVE SUMMARY ermining whether,shouldtheplansbecarried

Palestinian Bedouin Communities, Planning or Forced Displacement? 47 artificial to restrict the presence of Bedouins artificial to restrict the The Expert Opinion to restore and also finds that Israel’s positive obligation ______Prof. Marco Sassoli ______Dr. Théo Boutruche Finally this Expert Opinion concludes that international human rights law (IHRL)

displacement due to the controversial nature of the lawful under international law, Article if some of the transfer would be established, even 49(2) and the forcible character ensure public order and civil life cannot be used to carry out a forcible transfer. civil life cannot be used to carry out a forcible ensure public order and The ICA does not make the under local laws argument of the Bedouins’ lack land rights measures by the ICA taken place. For example to obtain the land in the first the of local laws by the ICA and the related reinterpretation declaration of “state land” can be individuals give their consent, due to the continuing coercive environment Bedouins environment consent, due to the continuing coercive individuals give their suffer from. seen as a violation of the obligation not to amend the legislation of the occupied territory. the obligation not to amend the legislation seen as a violation of shows that it is The Expert Opinion further in the central West Bank right, given the fact that to a question of legal land ownership their very traditional of life is nomadic. Additionally,their very traditional of life is nomadic. in determining whether this is the case, an occupying power must take into account the specificities of Bedouin communities and of their relationship with the land on which they settle or which they use. The recognition and developmentsuggests that of the rights of indigenous peoples for communities the understanding of land rights, beyond too, a broader such as Bedouins the rationale behind the transfer being mere necessary. Finally question of ownership is the use of land for the developmentof settlements, this cannot in any way be construed as falling within public order and civil life as foreseen in the scope of the maintenance of Article 43 of the 1907 Hague Regulations. The creation of a settlement within the occupied West of Bank for the purpose of relocating Israeli citizens is in itself a violation Power to deport or transfer parts of Article 49 (6) of GC IV that prohibits the Occupying its own civilian population into the territory it occupies. Although determined individual responsibilities can only be a judicial through particular in Area C where it has exclusive also binds Israel as an Occupying Power, in of Jerusalemcontrol such as over the eastern periphery and Nuweima. IHRL Relevant norms may providing further therefore complementprohibitions under IHL, existing protection, either in terms of additional guarantees prior to the displacement or when as a result of the transfer. Israel is in considering the situation of those displaced and rights relevant in the context of the particular bound by the IHRL guarantees displacement right to adequate housing (Article process, including the 11 of ICESCR) and the freedom frominterference with arbitrary or unlawful privacy, family and home Even (Article 11 and 12 of ICESCR). and right to health (Article 17 of ICCPR) independently of the unlawfulness of the transfers, Human Rights standards set out independently of the unlawfulness of the transfers, proceeding, the Expert Opinion concludes that if the plans are carried out they may amount of the GCIV under Article 147 of GCIV. Third States are to a grave breach respect of IHLexpected under their obligation to ensure to exert pressure on Israel to prevent the forcible transfer to Nuweima. safeguards to be respected as part of the process leading to the displacement such as the rights to be consulted and informed. Date: 22 September 2014 ﺧﺎرﻃﺔ ﺗﻮﺿﺢ ﻣﺨﻄﻄﺎت اﻟﺘﺮﺣﻴﻞ «ﻣﺨﻄﻄﺎت اﻟﻨﻮﻳﻌﻤﺔ» Map Indicating al-Nuweima Relocation Plan ﺧﺎرﻃﺔ ﺗﻮﺿﺢ ﺗﻮﺳﻴﻊ وﺿﻢ Map Indicating Expansion of the Illegal ﻣﺴﺘﻮﻃﻨﺔ ﻣﻌﺎﻟﻴﻪ أدوﻣﻴﻢ إﻟﻰ Israeli Settlement of Ma’aleh Adumim ﻣﺪﻳﻨﺔ اﻟﻘﺪس ﻣﺸﺮوع«towards Jerusalem “E1” project « E1 55 اﻟﺘﺠﻤﻌﺎت اﻟﺒﺪوﻳﺔ اﻟﻔﻠﺴﻄﻴﻨﻴﺔ: ﺗﺨﻄﻴﻂ أم ﺗﻬﺠﻴﺮ ﻗﺴﺮي؟ Private Space withinBedouin’s EngineeringShowing the Actual ModelSocial for Culture اﻟﻤﺴﺎﺣﺎتداﺧﻞﺣﺪودﻗﻄﻌﺔ ﻧﻤﻮذجﺗﻮزﻳﻊوﺗﺨﺼﻴﺺ أرضﺗﺨﺺﻋﺎﺋﻠﺔ ﺑﺪوﻳﺔ 54 اﻟﺘﺠﻤﻌﺎت اﻟﺒﺪوﻳﺔ اﻟﻔﻠﺴﻄﻴﻨﻴﺔ: ﺗﺨﻄﻴﻂ أم ﺗﻬﺠﻴﺮ ﻗﺴﺮي؟ ﺗﺨﺺ ﻋﺎﺋﻠﺔ ﺑﺪوﻳﺔ أرض ﺗﺨﺺ ﻋﺎﺋﻠﺔ ﺑﺪوﻳﺔ ﺗﻮزﻳﻊ وﺗﺨﺼﻴﺺ ﻧﻤﻮذج ﺗﻮزﻳﻊ وﺗﺨﺼﻴﺺ داﺧﻞ ﺣﺪود ﻗﻄﻌﺔ اﻟﻤﺴﺎﺣﺎت داﺧﻞ ﺣﺪود ﻗﻄﻌﺔ Culture Actual Model for Social Model Actual Engineering Showing the Engineering Showing Private Space within Bedouin’s Space Private 53 اﻟﺘﺠﻤﻌﺎت اﻟﺒﺪوﻳﺔ اﻟﻔﻠﺴﻄﻴﻨﻴﺔ: ﺗﺨﻄﻴﻂ أم ﺗﻬﺠﻴﺮ ﻗﺴﺮي؟ Private Space withinBedouin’s EngineeringShowing the Actual ModelSocial for Culture اﻟﻤﺴﺎﺣﺎتداﺧﻞﺣﺪودﻗﻄﻌﺔ ﻧﻤﻮذجﺗﻮزﻳﻊوﺗﺨﺼﻴﺺ أرضﺗﺨﺺﻋﺎﺋﻠﺔ ﺑﺪوﻳﺔ