The Negev Bedouin Within the Legal and Spatial Conflict with the State of Israel
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Fighting for the Community, Tradition, and Culture - The Negev Bedouin within the Legal and Spatial Conflict with the State of Israel Magdalena Lacka Supervisor: Dr. Polly Pallister-Wilkins Student number: 10394362 Second reader: Dr. Martijn Dekker Master: Conflict Resolution and Governance Graduate School of Social Sciences University of Amsterdam Word count: 17499 June 2017 Abstract This thesis will study the Israeli land policies with respect to the Negev Bedouin. The purpose of this study is to investigate how the Israeli land laws and spatial planning policies impact the Negev Bedouin’s ability to access their human and land rights. The empirical part of this study was conducted in May 2017. Data for this research was collected through the methodological triangulation of document analysis and semi-structured qualitative interviews with experts and NGOs’ representatives working with the Negev Bedouin. A theoretical framework based on settler colonialism theory and critical legal geography theory, was used. Another objective of this study was to focus on the issue of indigeneity with respect to the Negev Bedouin, as this issue seemed to be an essential factor in the Bedouin land dispute. The whole conflict between the the Negev Bedouin and the State of Israel will be further illustrated in the case study of the village of Umm al-Hiran, in order to better exemplify the issues at stake. On the basis of the results of this research, it can be concluded that the Israeli modifications to the Ottoman and British land laws have served as a basis for the Negev Bedouin land dispossession, while the other Israeli land laws provided the means to limit the allocation of land to the Bedouin and to pressure the Bedouin population in the Negev. Furthermore, the results show that the spatial planning instruments and development plans have been used as another form of dispossession by focusing on forced urbanization of the Bedouin community. At last, with respect to the issue of indigeneity, the results suggest the the Bedouin land dispute should be situated in the broader context of the Palestinian struggle. 1 Table of Content Abstract…….……………………………………………………………………… 1 1. Introduction ….…………………………………………………………………. 3 1.1. Research aim and objective……………………………………….. 3 1.2. Research issue…….………………………………………………… 4 1.3. Research questions….……………………………………………… 8 2. Literature Review………..……………………………………………………… 9 3. Theoretical Framework……………………………………………………….. 14 4. Methodology…………………………………………………………………… 21 3.1. Overall goal………………………………………………………….. 21 3.2. Research strategy…………………………………………………... 21 3.3. Document and discourse analysis………………………………… 21 3.4. Empirical data……………………………………………………….. 22 3.5. Semi-structured interviews……………………………….………… 23 3.6. Ethics statement…………………………………………………….. 24 3.7. Limitations of the research…………………………………………. 24 5. Presentation and analysis of findings ………………………………………. 24 5.1. Israeli legal land system……………………………………………. 25 5.1.1. Israeli land policies……………………………..………… 26 5.1.2. Governmental bodies involved……………………..……. 32 5.1.3. Israeli spatial policies and development plans…………. 35 5.2. The case study of the unrecognized village Umm Al-Hiran…….. 45 5.3. The Negev Bedouin and the notion of indigeneity……………….. 48 5..4 The involvement of NGOs in the Bedouin issues……..……….…. 51 6. Conclusion……………………………………………………………………… 54 Bibliography……………………………………………………………………….. 57 Appendix…………………………………………………………………………… 64 2 1. Introduction 1.1. Research aim and objective This thesis will aim to explore the Israeli land policies in the Negev region, which is located in the southern part of Israel, and their impact on the Bedouin communities that have been living there. It will focus on the legal instruments that are used by the Israeli government in order to displace the Bedouin communities and dispossess them from their land. Most of these legal land policies have been introduced after the creation of the State of Israel in 1948, however, the Israeli government also uses Ottoman State Laws and British Mandate Laws. According to Sandy Kedar, through the adoption of all of these laws, the Israeli legal system transformed land possession and acquisition standards in order to “undermine the possibilities of Arab landholders to maintain their possession” and make it possible for the State of Israel to absorb these lands into the state lands (Kedar, 2001 in Shmueli and Khamaisi, 2015, p.35). Alongside legal instruments, spatial planning is another “tactical tool and mean of dispossession” (Weizman, 2012, p. 5), and it will also be part of the analysis, as in 2013 the Israeli government approved the Bill on the Arrangement of Bedouin Settlement in the Negev, known as the Prawer Plan that planned displacement of 40% of the Bedouin in the Negev but it was shelved due to massive opposition and protests. However, in January 2017 the new 5-year plan was passed, which “declares it will push legislation based on (...) Prawer Plan” (Haaretz, 2016). The study is highly significant, as besides the land ownership disputes, the Bedouin communities have been living there since the 7th century and these are the lands they are culturally, traditionally and socially attached to, and which became the signifier of 3 their “traditional pastoral way of life” (Cook, 2011). In a broader spectrum this thesis will aim at depicting ongoing contemporary Zionist colonization and internal Judaization through the assessment of legal and spatial justifications for the forced displacement of the Negev Bedouin communities, communities that can also be seen as the indigenous people of these lands, but that are legally and spatially obstructed from their indigenous and human rights. Furthermore, as the need for the Bedouin displacement and the issue of land ownership is highly related to the desire of the Israeli government to develop and modernize the Negev region, this thesis will also study the developmental justifications the government officials use for this development. 1.2. Research issue The Negev Bedouin are traditionally pastoral nomadic tribes that underwent a process of sedentarization during Ottoman rule (Goering, 1979). This process was fully completed after the creation of the State of Israel and the introduction of military administration, which limited the areas the Bedouin previously migrated to in search of water and grazing lands. During the fighting in 1948 large parts of the Negev Bedouin population fled to the neighboring countries and some of them were expelled abroad by the Israeli government. Most of the remaining 10 000 Bedouins were forced to temporarily move from the western to the northeastern part of the Negev, to which they were restricted to, due to “security reasons”. The lands they were removed from later on were classified as abandoned and therefore, expropriated by the State of Israel under the Land Acquisition Law (Goering, 1979), and were later on claimed by the Bedouin. Even though both Ottoman and British rule tried to enforce the registration of private lands, that was merely an aspiration as in the end only 5% of lands got registered. Ultimately, the British kept the tribal courts that were known for the Bedouin community 4 and adopted a new administrative and legal system in the Negev, that included the local Bedouin customs (Amara, 2013). However, the Israeli government together with judicial bodies developed legal instruments that were selectively based on Ottoman and British legislation that suited their imperial and colonial interests (Amara, 2013). They also passed 34 laws, including “the Absentees’ Property Law; the Emergency Regulations for the Cultivation of Waste Lands; the Land Acquisition Law; the Abandoned Areas Ordinance; the Emergency Regulations Law, and the Emergency Land Requisition Law”, that together with the British Mandate laws helped them to legally justify the expropriation of Arab lands (Kishk, 1981). Despite the application of these legal instruments, the Israeli government seems unable to completely resolve the Negev land issue. The negotiations between the Israeli Land Authority and the Bedouin land claimants started in the 1970s, however, they could not reach a solution (Amara, 2013). Since then, many of the Negev land ownership claims have stayed unresolved. The Israeli government has kept on trying to resolve the issue by various development plans such as the 2013 Prawer Plan for the Arrangement of Bedouin-Palestinian Settlement in the Negev that aimed at regulating the Bedouin settlement in the Negev including the unrecognized villages and ultimately “Judaizing the Israeli Negev” (Gordon & Perugini, 2013). According to Shmueli and Khamaisi, the Israeli spatial policy of Judaizing space is applied in the Negev region through “land ownership, spatial planning, and land management and spatial regime-dividing by municipal jurisdiction” (2015, p.35). It is essential to acknowledge that spatial planning is not only a technical operation but it can also be seen as a sociopolitical action, as it has to do with the distribution of resources and therefore, can be used as a political strategy (Alqasis, Azza, and Makhoul, 2014). The recent proposal to solve the issue of the Negev Bedouin’s land ownership and develop the region was passed in the beginning of 2017. It is a 5-year plan that is allegedly the Prawer Plan with a different name (Jan, 2017) and because of which, one 5 can anticipate the continuation of this land conflict impasse. This lack of conflict