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Vilayet": Frames of Reference for the Study of Land in Mandate Palestine

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Vilayet "Home," "Colony," "Vilayet": Frames of reference for the study of land in mandate Palestine Martin Bunton Journal of Colonialism and Colonial History, Volume 21, Number 1, Spring 2020, (Article) Published by Johns Hopkins University Press DOI: https://doi.org/10.1353/cch.2020.0008 For additional information about this article https://muse.jhu.edu/article/754575 [ This content has been declared free to read by the pubisher during the COVID-19 pandemic. ] “Home,” “Colony,” “Vilayet”: Frames of reference for the study of land in mandate Palestine Martin Bunton University of Victoria Abstract The major piece of land legislation in mandate Palestine was the 1928 land settlement ordinance which launched a cadastral survey to secure government-issued title deeds. Despite its huge significance for the land’s inhabitants, the subject remains largely neglected. Most authors adopt the narrow view that land registration is best understood in terms of the British promise to facilitate a Jewish national home. This paper puts forth a critique of many of the assumptions that privilege such an approach, and concludes that more weight should be given to the legacy of Ottoman administration, as interpreted and implemented by colonial rulers. It is well known that land was the major economic resource of mandate Palestine, the basis for the livelihood of the vast majority of the population and consequently the subject of much discussion by British rulers about its ownership. The major piece of land legislation was the 1928 land settlement ordinance. This legislation launched a cadastral survey of agricultural land, with the aim of ensuring that ownership of all landed property was secured by a government-issued title deed. There is a large and growing body of literature on land in mandate Palestine,1 but the full complexity of the land settlement process remains understudied. This article argues that the main problem remains one of frames of reference.2 Before the mandate had even ended, observers were already struggling with how rapidly changing contexts were twisting terms and distorting their relation to the past. In A Survey of Palestine, the massive report prepared by the Palestine government for the 1947 Anglo-American Committee of Inquiry, officials described land settlement operations as © 2020 Martin Bunton and The Johns Hopkins University Press the examination of rights to land and the solution of disputes about the ownership, boundaries, category and other registrable rights in land, its cadastral survey for the purpose and the eventual recording of rights in Land Registers. It must not be confused with the settlement of people on the land.3 Or should it? Most writers tend to ignore the Survey’s caution and adopt the narrow view that the history of land registration in mandate Palestine is best understood solely in terms of those processes that facilitated a Jewish national home.4 Thus, the two quite different meanings of “settlement” distinguished by the Survey are indeed neatly conflated in much of the extant literature, with scholars identifying the legal settlement of individual property rights as the essential precondition for separating Arab inhabitants from land on which the physical settlement of European Jewish immigrants could then proceed. This paper, by contrast, heeds the caution to be mindful of historic processes unfolding during the mandate period that were not solely the result of Zionism. The main argument put forth is that when the role of Zionism is pushed too far as a determinant force in the development of mandate land policies, not only are studies of Palestine’s land regime denied the benefits of a broader comparative approach, they also ignore the important continuities with what was there before. Accordingly, this paper weighs the role of Zionism against two other frames of reference deserving of closer consideration than they receive in the extant literature. On the one hand, the paper underlines the importance of recognizing the Palestine administration’s global interconnectedness mediated via the Colonial Office in London. This allows one to identify dynamics and institutions of land registration that are present in all colonial administrations.5 Hailed by colonial land officials everywhere as a blueprint for prosperity, land settlement was envisioned the same way throughout the British Empire: it ensured fair and efficient taxation; it facilitated the use of land as collateral in the provision of cheaper credit; it stimulated long term investment, by securing confidence in one’s ownership; and it ensured the most efficient allocation for resources, by bringing real assets into a market economy.6 Important as the comparative colonial perspective is, however, it too can be pushed too far. Doing so risks adopting a simplistic view of the mandate’s administrative © 2020 Martin Bunton and The Johns Hopkins University Press institutions as a coherent and foreign imposition of something wholly new. To be sure, British officers often perceived themselves as having invented private property, and as generously endowing it upon a backward population. It was fairly standard colonial rhetoric to assert in philosophical terms that private property constituted the basis of modern political society and then point to its presumed absence in colonized lands as proof of the necessity of imperial rule. What is interesting to note is the extent to which the elaboration of both Zionist and Palestinian nationalist narratives can reinforce such a perspective. The former focuses attention on modern market transactions as a legitimate method of building of a modern state (and, equally, on the complicity of Arab landowners “selling their patrimony”). The latter depicts British policy as a transformative effort of privatizing land to the benefit of this Zionist project. Both, however, risk projecting a generalized self-image on the part of colonial officials, and situating Palestine as a sort of blank slate they could only have wished for. The third frame of reference provides a necessary correction by identifying the continuities in Ottoman administration. Colonial structures were in fact determined in important ways by the need to align with prevailing notions of property. For British land policies to work in practice, the landholders or claimants on the ground needed to be able to adopt or fit them into their interests. What is rarely noted is that this simply was not as big a problem for British officials as they seem to have assumed and often reported. As will be shown, the economic justification for Britain’s 1928 land settlement programme, as described above, was in fact very much in line with the thinking that underlay Ottoman legislation, in particular the 1858 land law and its successive amendments. To be sure, the influence of Zionism, the views of the Colonial Office and the legacy of Ottoman administration all have meaning in the study of land in mandate Palestine. But properly defining the significance and scope of each of them requires more careful consideration than is usually given. This paper puts forth a critique of many of the assumptions that privilege the Jewish National Home approach, while concluding that the legacy of Ottoman rule, as interpreted and implemented by a colonial administration, represents the more promising framework. The paper does not argue that one single frame of reference is sufficient to explain all aspects of land policy in Palestine. Indeed the main conclusion is that there is no monocausal explanation. As © 2020 Martin Bunton and The Johns Hopkins University Press unsatisfactory a conclusion as this may be, it should not be surprising for historians of land and property rights. The framing of property, and the meanings given to it, are never absolute. Recognizing such contingency has important implications for further lines of inquiry, and these will be elaborated upon in the conclusion. But first, a brief look at the land settlement process in mandate Palestine.7 Land Settlement in Mandate Palestine The official responsible for launching the land settlement process was Sir Ernest Dowson, the most prominent adviser on land issues to the colonial office during the interwar period.8 Upon his postwar retirement from the Egyptian government, Dowson was invited to Palestine in 1923 to assist in reorganising the administrative machinery of land registration. His main recommendation was to change the way the new administration had been settling legal disputes over land title. In Dowson’s view, the individual adjudications by the few land courts that had been set up, which heard only specific cases brought to them, caused great confusion: “They cannot escape the handicap of considering a few pieces of the village mosaic detached from the whole, and they have not the means of defining the portions of land which their judgments concern so that they can be incontestably differentiated at any later date from neighbouring areas.”9 In order to legally settle the interconnected claims in any village, however, the presence of all interests would be necessary. Accordingly, Dowson recommended appointing settlement officers with the power of judges to hear all the disputes in one village at one time. Official procedures followed along three successive stages. First, the government declared a defined village region to be a settlement area, and sent out the survey department to mark out provisional boundaries. Surveyors benefited greatly from their own earlier mapping work that had divided agricultural land into a limited number of blocks based on their similar value for tax purposes. This assessment had, in turn, drawn largely on information obtained from the landholders themselves, especially where village land was held in undivided ownership (musha’a).10 Surveyors sketched a village’s main visible features—such as hedges and roads—and demarcated the boundaries of individual parcels. Though they computed the area for each sketched parcel, and gave it an identification number, they did not make any reference to ownership.
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