Newsletter des rls-Büros in Tel Aviv 1 October 2010 DR. HANNA SWAID1 Land, Planning and Housing Plight Facing the Arab Citizens in Israel Land, planning and housing laws and policies in Israel have been criticized for discriminating and adversely affecting the Arab citizens of the state since it was founded. !"#"$%&'(%)"*"()+,"(-""$(.","*+&(&"/0.&+%0,"(0$0%0+%0,".(0$(%)0.(["&23(0$#&420$/(+(5*656."2(7+86*(*"96*7(0$(%)"(:&+$$0$/( and Building Law and an approved reform in the Israel Lands Administration (ILA) Law. These initiatives are opposed by different environmental and Human Rights organizations and other stakeholders, who claim among other things that these reforms do not tackle any of the problems of the Arab citizens of Israel and sometimes even worsen the situation. The reform in the Israel Lands Administration (ILA) Law was approved by the Knesset in the summer of 2009 and implies changes in land ownership. The nature of these changes brought residents of the Arab village of Makar, in ;".%"*$(<+&0&""3(+$2(=+$$+(>?+02(69(=+2+.)(%6([&"(+(5"%0%06$(0$(@+$4+*'(ABCB(%6(%)"(=0/)(D64*%(69(@4.%0#"(EFG
1 Dr. Hanna Swaid, is a Member of Knesset on behalf of HADASH – Democratic Alliance for Peace and Equality since 2006. He received his PhD in Civil Engineering and Urban Planning at the Technion in Haifa (1988). He was a member of the National Council for Planning and Construction (1995-2003) and the Director General of the Arab Center for Alternative Planning (2003-2006).
2 See http://www.mfa.gov.il/MFA/Peace Process/GuidetothePeaceProcess/DeclarationofEstablishmentStateof Israel (18 August 2010). economic scale (which is divided into 10 state welfare policies and governmental categories, with category 10 representing the institutions in various aspects of life, including 2)!"%#6\($'"%")>'!0&4!?3 employment, social services, education, industry, and trade. ∗ Unemployment among Arab communities is about 50% higher than the national average. In It is widely believed that economic development is some Arab towns unemployment exceeds 25%. most essential for changing the present situation of the Arab population in Israel. Achieving ∗ Most Arab townships lack industrial/commercial economic development and improving the quality and employment zones and suffer from limited )6%5&6$%)6%B1#.%+&"&E$'!%+)(5-%4)"$'"ȯ%1$\$+"%)'% local job opportunities (“bedroom commu- "0$&1%+0#'+$!%")%.$+)2$%#'%&'"$/1#5%#'-%&'\($'"% '&"&$!P?3 part of Israeli society. ∗ Participation in the workforce reaches only 45% among Arabs (compared with the national Planning, Land and Development Rights #8$1#/$% )6% @@A?7% >&"0% B1#.% >)2$'% The Orr Commission Report3% % )6% :;;<% &-$'"&[$-% participation amounting only to 20%. planning, land and development rights as the ∗ The average wages of Arab employees reach major reason for confrontations between Arab only 65% of the national average wages in citizens and state institutions. The report pointed Israel. at accumulating anger, mistrust and despair among Arab citizens due to longstanding ∗ Public companies rarely recruit Arab employees, systematic institutional discrimination encom- and most of private sector companies do not passing almost all domains of life, including recruit Arabs, allegedly because of security housing, employment, social and civil rights. restrictions. Up until now, national and regional development ∗ D"#"$% &'!"&"("&)'!% -)% ')"% )4$'% )6[+$!% &'% B1#.% plans initiated by the state authorities were townships, thus hindering employment oppor- approved and implemented without minimal tunities for Arabs, mainly women. Arabs involvement of Arab citizens or institutions represent only 6% of the total employees in the representing them. Most Arab municipalities and public sector and state institutions (while Arabs civil society organizations lack professional comprise more than 20% of the total capacity, resources and dedication to perform this 4)4(5#"&)'?%.$+#(!$%)6%!$+(1&"9%1$!"1&+"&)'!3 “watchdog” function. Arab communities lack professional public organizations to represent their ∗ Allocation of state land for employment needs and interests and act as their professional purposes (industrial, commercial, leisure, “voice” on planning, housing, and developmental #/1&+(5"(1#5?%&!%8$19%5&2&"$-%&'%B1#.%")>'!0&4!3 issues. ∗ Arab businesses are limited to local F0$% 0&!")19% )6% O+#14$"P% B1#.% 5#'-% +)'[!+#"&)'% .9% opportunities and markets and lack any the state, implemented over the 1950s until 1980s, national, regional or global prospects. has led Arab citizens to mistrust any plan initiated by the government, and rather view it as another So far, the consecutive governments in Israel have means to control and limit their normal growth. played a passive role in assisting Arab com- This is often interpreted by the government and munities to develop and grow. They continue to state authorities as unwillingness and reluctance to make promises and pledges but fail to act participate. The Orr Commission noted that these effectively. The major strategy adopted by Arab compounded problems, which are due to the citizens to change this situation has been to exert state’s failure to integrate the Arab minority into political and public pressure on the government, the general population, and to provide democratic anticipating it will act to fundamentally change the and equitable treatment, have created among the traditional policies and attitudes, enhance resource Arab minority increased frustration and mistrust allocation to achieve improvements and equality, towards the state, which ultimately led to the and close the gap between the Jewish and Arab violent events as observed in October 2000. In the communities in the state. following paragraphs, the major problematic land The combination of continuous deprivation policies and planning issues concerning the Arab minority implemented by state authorities on the one side in Israel are introduced and discussed. and the absence of individual self-reliant development strategies and plans among the Arab Inequitable Land Allocation citizens on the other side continues to intensify F0$% 2#H)1&"9% )6% B1#.% 5#'-!% >$1$% +)'[!+#"$-% .9% po verty and frustration among Arab citizens of state authorities since the establishment of the Isr ael. This has led to almost full economic dependency of the Arab population in Israel on State of Israel. Now, the Arab citizens own only
3 The Orr Inquiry Commission was set up by the government of Israel in order to investigate into the reasons which stood behind the eruption of October 2000 violent confrontations between Israeli Arab citizens and security forces leaving 13 Arab youth shot dead by the police in several Arab townships.
2 3.5% of the total area of the state, while they all localities in Israel. Also, they determine the comprise more than 20% of the population. The zoning of state and private lands all over the majority of the lands in Mandatory Palestine were country. As such, their decisions have direct owned by Arab citizens before 1948. The implications concerning the jurisdictional jurisdiction area of all Arab townships reaches boundaries4 of local authorities, and consequently only about 3% of the area of the state. the allocation of state lands and budgets for planning and local economic and social The comparison between land allocation to the development. Fair representation of Arab citizens Arab city of Sakhnin and to the neighboring Jewish in these institutions is crucial to the prospects of a regional council of Misgav sheds light on the better and more equitable allocation of state discriminatory policies applied by state resources to Arab municipalities with regard to authorities. Sakhnin’s lands amounted to est. land, housing and development issues. 6,500 hectares before 1948. Now, Sakhnin holds about 900 hectares only, with a population of However, Arab representation in these statutory more than 30,000 citizens. In comparison, Misgav planning bodies is still minimal or does not exist Jewish regional council, established in the early at all. The National Planning and Building Council 1980s, controls about 20,000 hectares of land currently includes only two Arab members out of while having almost the same population as 32. The Committee for National Infrastructures Sakhnin. This means that Misgav enjoys land has only one Arab member. Arab representation share which is almost 21 times larger than on the six district planning committees varies Sakhnin. The fact that the entire area of Misgav between 0-2 members (out of 17 members in was taken from Sakhnin‘s historical lands and each of them), even in districts with large Arab from other Arab towns in the region is very populations (e.g. the northern district with est. upsetting. 52.8% of the population, and Haifa district with 23.3%). In addition, Arab professionals in the To further complicate the matter, the Arab citizens 45#''&'/% [$5-% #1$% 1#1$59% 1$+1(&"$-% ")% "0$% of Sakhnin and of other Arab towns in the region professional staff of national and regional are denied the right to buy a property and dwell in planning institutions. the Jewish localities incorporated in the Misgav regional council and built on lands which were To further complicate the situation, it is often the +)'[!+#"$-% 61)2% B1#.% ")>'!% #'-% 8&55#/$!3% case that Arab leaders and representatives lack Recently, the Knesset passed a bill which aims at the capacities, knowledge, and practical tools authorizing the Jewish citizens of such settlements needed to effectively impact planning policies and to prevent the admission of new inhabitants to decisions. They are unaware of their legal rights their communities on the grounds of “cultural and related to planning and do not have the social differences”. It's widely perceived that knowledge and capacities to effectively take “cultural and social differences” are proxies for action against discriminatory plans implemented exclusion on ethnic grounds. by state institutions. The restricted land areas allocated to Arab Inequality in Local Planning Committees townships cause considerable housing and development shortages. The Arab citizens are Very few Arab local authorities are allowed to run required by the state authorities to build more their own independent local planning committees densely (despite the fact that the building density (3 out of 73). The members of such local is already higher in the Arab townships than in committees are normally elected local councilors. comparable Jewish cities) and adopt “saturated The remaining 70 Arab local authorities are and high-rise building” solutions, while Jewish grouped by the Ministry of the Interior under citizens receive considerable incentives from the “local spatial planning committees – LSPCs”, each state for relocating from the densely populated usually containing 2-12 townships. The members cities in the center of Israel to the spacious of LSPCs are directly appointed by the Minister of landscapes and detached houses in the Negev and the Interior. Under such arrangement, many Arab the Galilee (in order to achieve “demographic localities remain without any representation in the balance” with the Arabs in both regions). LSPCs. As a result, individual Arab authorities 0#8$%8$19%5&2&"$-%#.&5&"9%")%-$"$12&'$%)1%&'\($'+$% the planning and development of their own Representation in National and Regional community. In comparison, 50% of the Jewish Planning Institutions local authorities (74 out of 148) run their independent and directly elected planning The national and regional (district) planning committees. committees, which fall under the authority of the Ministry of the Interior, are very powerful bodies. I0&5$%"0$%$J&!"$'+$%)6%KDLM!%2#9%.$%H(!"&[$-%&'% They are responsible for the preparation and terms of economies of scale for small localities, approval of master plans and outline schemes for "0$1$% #1$% ')% )6[+% +1&"$1&#% /)8$1'&'/% "0$&1%
4 Jurisdictional boundaries determine the borders of the lands within which municipalities can apply their authority and power, such as collecting municipal taxes and levies, and provide services to the citizens.
3 establishment: many of the Jewish local urban and rural sectors in Israel. The main feature authorities with independent committees have a of the phenomenon in the Jewish sector is far smaller population than comparable Arab local constructing commercial and industrial structures authorities that are subsumed in LSPCs. For (such as warehouses, shopping malls, fuel example, the Arab Local Council of Arabeh, which stations, etc.) on agricultural state lands for has a population of est. 20,000 citizens, is subject /#&'&'/% 41)["% .9% $!"#.5&!0$-% +)22$1+% to a LSPC, while the Jewish Katsrin, with a businesses. For the purpose of comparison, Arab population of 6,500, has an independent local unauthorized buildings built on private lands are planning committee of its own. Such a prevalence mainly used for residential purposes, i.e. to of LSPCs with regard to Arab localities is provide the basic human need of sheltering ('H(!"&[$-%#'-%-&!+1&2&'#"&'/3 6#2&5&$!% #'-% ')"% 2#N&'/% #'9% $+)')2&+#5% 41)["3% Notwithstanding, the authorities focus almost House Demolitions !)5$59%)'%"0$%B1#.%+&"&E$'!R%#55$/$-%O-$[#'+$%)6%"0$% Approximately 20,000 houses in Arab towns and rule of law” by building their houses on their villages have been denied building permits from private lands, and deal “softly” with unlawful the planning and building committees and are building in the Jewish sector. This state of affairs !5#"$-% 6)1% -$2)5&"&)'3% F0&!% [/(1$% 1$5#"$!% )'59% ")% demonstrates the unfair, un-democratic and houses found in the recognized Arab townships, biased standards by which the authorities deal but it does not include est. 50,000 structures with issues concerning the Arab minority. (houses, tents, and shacks) found in the Home demolitions have detrimental impact on the unrecognized Arab villages in the Negev (the entire family of the owner of a demolished house, southern desert district in Israel). In 2009, est. especially the women and children. Once a home 165 buildings owned by Arab citizens were is demolished, the family has lost both the home demolished by the authorities in various regions #'-% #% ['#'+% #!!$"3% F0&!% 0(/$% ['#'+% 5)!!% throughout the state. These houses are affects all aspects of the family’s life, and the considered “illegal” according to the Planning and individuals that face the hardest burden are Building Law of 1965. Most of the owners of these women and children, who did not play any role in houses applied for building permits, but were the decision making process to build a home denied approval. Therefore, demolition orders without a license. In the patriarchal Arab society it have been issued against these houses by the is the male’s responsibility to build a home for his local and district planning committees, and by the family and he makes all necessary decisions courts. The families that dwell in the “illegal” related to the building process. houses, built on their privately owned lands, survive under the continuous fear that the outstanding demolition orders can be carried out Unrecognized Arab Villages in the Negev at any time by the authorities assisted by the The Arab citizens in the Negev (the Bedouin police and security forces. community) suffer the toughest plight concerning The primary reason for the unauthorized building land and housing needs as compared with other 40$')2$')'% &'% B1#.% ")>'!0&4!% &!% "0$% )6[+% sectors of the Arab population in Israel. tough restrictions imposed on building and Approximately 100,000 Bedouin citizens still live development on the privately owned Arab lands in 45 unrecognized villages (informal settlements) surrounding the townships. These restrictions are &'% "0$% P$/$83% F0$!$% 8&55#/$!% 5#+N% )6[+% the direct result of the containment policy recognition in their very existence, despite the imposed by the government against the Arab fact that they existed even before the townships and unrecognized concentrations. Most establishment of the State of Israel in 1948. of the private lands owned by the Arab citizens Consequently, the state deprives the un- within the development boundaries of the recognized villages from all basic services and townships are already overcrowded with houses, utilities, such as running water, electricity, roads, and municipal infrastructure. State lands transportation, communications, and orderly within the municipal development boundaries educational, social and medical services. Often have been rarely planned and sold to the citizens the living conditions in these villages are for housing and commercial purposes. Therefore, compared with the severity of the conditions in and as a direct result of these restrictions and refugee camps. +&1+(2!"#'+$!7% "0$% B1#.% 2&')1&"9% ['-!% "0$% )'59% F0$% +)'\&+"% )8$1% 5#'-% &!% &'% "0$% $4&+$'"$1% )6% "0$% solution for their housing plight in constructing standoff between the Bedouin community and the their houses on their lands outside the state authorities. The Bedouin community has development boundaries even after they are lived on its lands for centuries, enjoying its special denied “legal” building permits from the way of life (nomadic grazing and primitive authorities. agriculture), and emphasizes its historical It is worth mentioning that the unauthorized communal rights and “native title” on its lands. building phenomenon is not restricted to the Arab The state does not recognize the rights of the minority but is also widespread in the Jewish Bedouins on their lands and applies systematic
4 policies of transfer and displacement against Secondly, the reform was opposed by Arab MKs them, stating openly that it intends to concentrate and the general Arab public, because of the them in few urban or semi-urban localities. As following reasons: mentioned, deprivation of recognition and basic services add up to other types of pressure applied ∗ Completely abolishing the property rights of the on the Bedouin community to force it to relocate Palestinian refugees: Lands which belong to to the designated settlements by the state. Palestinian refugees constitute est. 25% of the Demolition of houses, tents, and shacks, area of Israel (within 1967 borders). According (41))"&'/% )6% 45#'"#"&)'!7% !41#9&'/% +1)4% [$5-!% .9% to the prevailing legal status, these lands were chemicals, and closing grazing areas are only a +)'[!+#"$-%#'-%#+R(&1$-%.9%"0$%!"#"$%!))'%#6"$1% few of the restrictions and collective punishment 1948, and therefore are considered as state measures applied by the authorities. 5#'-!%#'-%)6[+ȯ%)>'$-%#'-%#-2&'&!"$1$-%.9% the ILA - meaning that they could be sold to When the unrecognized village of Al-Arakib was private citizens according to the recent reform. demolished in August 2010 several times in a few D$55&'/% "0$!$% 5#'-!% >)(5-% 2$#'% ['#5% weeks, many Israelis, among them the author consolidation of the property status of the Amos Oz, declared their solidarity with the Palestinian refugees (some of them are Israeli Bedouin inhabitants. Oz described the situation of citizens – “Internally Displaced Persons”) the Bedouin in the Negev as a “ticking bomb”: without offering them any compensations. This “This includes both the unrecognized and also means that the state completely withdraws recognized villages and towns. Tens of thousands from its political and moral responsibilities of people live in inhuman conditions, without towards the original owners of these lands, and running water, without electricity, without jobs. transforms the dispute over the ownership to a The state doesn’t provide the Bedouin people the rivalry between private citizens. most basic infrastructure it gives to its citizens5.” Civil organizations, as the Association for Civil ∗ Abusing the rights of Arab land owners whose Rights in Israel (ACRI), the Negev Coexistence 5#'-!%>$1$%+)'[!+#"$-%6)1%4(.5&+%4(14)!$!S%T#!"% Forum and Zochrot, organized public protests in #1$#!%)6%5#'-%>$1$%+)'[!+#"$-%.9%"0$%!"#"$%61)2% order to express their solidarity with the their Arab owners (who are Israeli citizens) inhabitants of the village. under the pretext “public purposes”, and became state lands. Some of these lands were Q'%)1-$1%")%4("%"0$%+)'\&+"%)8$1%5#'-!%&'%"0$%P$/$8% indeed used for public purposes, some were in perspective, the disputed land area between the leased to Jewish citizens in newly established Bedouin community and the state amounts to est. Jewish cities and towns, and some remained 65,000 hectares, which comprise less than 5% of vacant. The Arab outcry is that the reform will the total area of the Negev (predominantly vacant enable ILA to sell the vacant lands which were desert). The Arab population of the Negev not used for the original public purposes, as well comprises approximately 25% of the total as the lands which were transferred by the state population of the region. to Jewish citizens to build their residences on "0$2% U&'!"$#-% )6% (!&'/% "0$2% ")% 6(5[55% 4(.5&+% The recent Land Reform and its purposes). Implications on the Arab Minority ∗ Allowing the state to sell disputed Arab lands in In the summer of 2009 the Knesset passed a the Negev: In the Southern District of Israel, major overhaul bill to the Israel Lands the Negev desert, there exist approximately 700 Administration (ILA) Law7%>0&+0%>#!%[1!"%$'#+"$-% km² of land, the ownership of which is in dispute in 1960. The bill was proposed by the serving between the state and the Arab Bedouin government and supported by the coalition community. The Bedouin tribes experience parties. It aimed at allowing the ILA to sell state tenure on these lands according to the lands (instead of leasing them) to Israeli citizens customary/tribal law (i.e. native title). The state (i.e. transferring the ownership to the buyers) for does not recognize the rights of the Bedouins on private building and development purposes. their lands and claims that these are state lands. This means that the state can sell these As neutral and objective as it may seem, this lands according to the recent reform, causing 1$6)12%!"&11$-%[$1+$%)44)!&"&)'%#2)'/%B1#.%#'-% the displacement of the Bedouins from their Jewish members of the Knesset alike, and is historical lands and villages, with all the nowadays challenged in the High Court of Justice. +)'!$R($'+$!%)6%"0#"3 Firstly, it was opposed by few right-wing religious Jewish MKs, in addition to few other “classical- ∗ Another reason why this reform was rejected by Zionist” members of parliament, because it Arab Mks is the agreement which was reached compromises a traditional/biblical principle and signed between the Government of Israel stating that “land shall not be sold altogether”, and the Jewish National Fund (JNF) in the midst which was adopted also by some parts of the of the deliberations to win the approval of the secular Zionist movement. Knesset to the reform. Reaching this agreement
5 Haaretz, 18 August 2010.
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Impressum: Rosa Luxemburg
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