Tuesday, April 17, 2012

Israel Police Establishes Unit to Enforce Demolition of Bedouin Homes, by Yanir Yagna, in Haaretz

Israel Police is establishing a new unit to enforce demolition and evacuation orders served to scattered Bedouin villages in southern Israel, in order to deal with “trespassing into state lands.”

The unit, which will be made up of 200 police officers, will be established in cooperation with the Prime Minister’s Office to enforce Israeli land laws in the Negev.

The unit’s establishment follows a government decision reached last August, in which Minister of Internal Security Yitzhak Aharonovich was granted permission to begin deploying the officers beginning August 1, 2012. Israel Police’s Southern District has yet to announce an official plan of operation, which will be charged with evacuations and demolitions.

The unit will operate alongside the Interior Ministry, the Israel Land Administration, the Ministry of the Environment, and the Prime Minister’s Office among others.

The plan to establish the new unit was received with harsh criticism from Negev residents, who claim that the use of force by police as a means to solve the land dispute is the “wrong move.”

“We do not need the police in order to reach an agreement. We must sit down and solve the issue through negotiations,” said Ibrahim al-Wakili, who heads the regional council of unrecognized Bedouin communities in the Negev. “We are not interested in a confrontation with the police…the police previously used violent force against young children.”

Israel Police’s Southern District has refused to comment on the matter.

The announcement of the unit’s establishment comes less than a month after a five-year economic development plan for Israeli Bedouin was approved by a steering committee in the Prime Minister's Office, as part of operational plans for relocating tens of thousands of Bedouin to officially recognized communities.

The proposal calls for the relocation of up to 30,000 Bedouin from areas not recognized by the government as residential locations. Known as the Prawer Plan, it was approved by the cabinet in September, based on a proposal developed by a team headed by the director of policy planning in the PMO, Ehud Prawer. At that time, the cabinet also approved a NIS 1.2 billion economic development program for Bedouin Negev.


Read More - http://www.haaretz.com/news/national/israel-police-establishes-unit-to-enforce-demolition-of-bedouin-homes-1.424805

Monday, April 9, 2012

‘Algorithm of expropriation’: Plan to uproot 30,000 Bedouin, by Neve Gordon, in +972

Beer-Sheva, Israel - “It is not every day that a government decides to relocate almost half a percent of its population in a program of forced urbanization,” Rawia Aburabia asserted, adding that “this is precisely what Prawer wants to do.”

The meeting, which was attempting to coordinate various actions against the Prawer Plan, had just ended, and Rawia, an outspoken Bedouin leader who works for the Association for Civil Rights in Israel, was clearly upset. She realised that the possibility of changing the course of events was extremely unlikely and that, at the end of the day, the government would uproot 30,000 Negev Bedouin and put them in townships. This would result in an end to their rural way of life and would ultimately deprive them of their livelihood and land rights.

Rawia’s wrath was directed at Ehud Prawer, the Director of the Planning Policy Division in Prime Minister Benjamin Netanyahu’s office. Prawer took on this role after serving as the deputy director of Israel’s National Security Council. His mandate is to implement the decisions of the Goldberg Committee for the Arrangement of Arab Settlement in the Negev, by offering a “concrete solution” to the problem of the 45 unrecognised Bedouin villages in the region.

An estimated 70,000 people are currently living in these villages, which are prohibited by law from connecting any of their houses to electricity grids, running water or sewage systems. Construction regulations are also harshly enforced and in this past year alone, about 1,000 Bedouin homes and animal pens – usually referred to by the government simply as “structures” – were demolished. There are no paved roads in these villages and it is illegal to place signposts near the highways designating the village’s location. Opening a map will not help either, since none of these villages are marked. Geographically, at least, these citizens of Israel do not exist.

History

The State’s relationship with the Bedouin has been thorny from the beginning. Before the establishment of the state of Israel, about 70,000 Bedouin lived in the Negev. Following the 1948 war, however, only 12,000 or so remained, while the rest fled or were expelled to Jordan and Egypt.

Under the directives of Israel’s first prime minister, David Ben-Gurion, many of the remaining Bedouin were uprooted from the lands they had inhabited for generations and were concentrated in the mostly barren area in the north-eastern part of the Negev known as the Siyag (enclosure) zone. This area comprises one million dunams [one dunam = 1,000m2], or slightly less than ten percent of the Negev’s territory. Through this process of forced relocation, the Negev’s most arable lands were cleared of Arab residents and were given to new kibbutzim and moshavim, Jewish agriculture communities, which took full advantage of the fertile soil.

After their relocation and up until 1966, the Bedouin citizens of Israel were subjected to a harsh military rule; their movement was restricted and they were denied basic political, social and economic rights. But even in the post-military rule of the late 1960s, many Israeli decision-makers still considered the Bedouin living within the Siyag threatening and occupying too much land, so, despite the relocation that had been carried out in the 1950s, the state decided to find a better solution to the “Bedouin problem.”

The plan was to concentrate the Bedouin population within semi-urban spaces that would ultimately comprise only a minute percentage of their original tribal lands. Over the course of several years, government officials met with Bedouin sheikhs and reached agreements with many of them. In a gradual process, spanning about 20 years, seven towns were created – Tel-Sheva, Rahat, Segev Shalom, Kusaife, Lqya, Hura and Ar’ara.

In some cases, Bedouin were already living where the town was built, but the large majority of the Bedouin were relocated once again and moved into these Bedouin-only towns. Some did it of their own volition, while others were forced. The price that most families had to pay for their own displacement was hefty: renouncing the right to large portions of their land and giving up their rural way of life.

For many years following the establishment of each town, the Bedouin residents were not allowed to hold democratic elections and their municipalities were run by Jewish officials from the Ministry of Interior. The towns also rapidly turned into over-crowded townships, with dilapidated infrastructure and hardly any employment opportunities. Currently, all seven townships, which are home to about 135,000 people, are ranked one on the Israeli socio-economic scale of one (lowest) to ten (highest), and are characterized by a high unemployment, high birth rates and third-rate education institutions.

After years of indecision, the government appointed Prawer to try, yet again, to solve the “Bedouin problem” once and for all. His mandate is to relocate the Bedouin who had been unwilling to sign over their property rights and remained in unrecognized villages. The government’s justification for not recognizing these villages is that they are relatively small (ranging from a couple of hundred to several thousand people) and are scattered across a large area, all of which makes it difficult, in the government’s view, to provide them with satisfactory infrastructure. In the name of modernism, then, the government wants to concentrate the Bedouin in a small number of towns.

Wadi al Na’am

After meeting Rawia, I drove to Wadi al Na’am, an unrecognized Bedouin village located about 20 minutes south of my house in Beer-Sheva. I wanted to ask some of the people there what they think of Prawer’s plan.

Along the highway, I passed literally hundreds of Bedouin dwellings made from tin panels, scrap wood and canvas. Chicken, sheep, goats and donkeys adorned the terraces. I was again struck by Bedouin wheat pastures because they are not irrigated, and the height of the stalk depends on the amount of rain that falls during a given year; it is easy to identify a Bedouin pasture because the stalk is miniscule when compared with “Jewish” wheat, which receives plenty of water.

Although I had been to Wadi al Na’am a few times before, I suddenly felt unsure about where I was supposed to turn off the highway and called Ibrahim Abu Afash to ask for directions. “Don’t you remember,” he said, “at the road sign pointing towards the electricity plant take a left and I will wait for you on top of the hill.”

I followed Ibrahim’s Subaru on dirt roads for about ten minutes until we reached his shieg, a large tent towering over a concrete floor covered with rugs, a row of mattresses and pillows scattered along the perimeter. In the middle of the tent, there was a hole in the concrete, with an iron pot of tea simmering over burning coals. Ibrahim sat on a mattress next to his brother Labad and right behind them were a few young men smoking Israeli cigarettes and drinking tea.

Ibrahim is the sheikh of Wadi al Na’am. When he was young he served as a scout for the Israeli military, which may explain why his Hebrew is better than mine. After a few niceties, he cut to the point.

“I met Prawer and he is a good man,” he said, and then added that “often good men do bad things.”

“The fact that Wadi al Na’am, like many other unrecognized villages, is located right under electricity grids and next to central water pipes and that we were never allowed to connect our homes to these basic services is no doubt a criminal act of discrimination.”

“You know,” he continued, “in the past two decades, several dozen single-family Jewish farms have been established throughout the Negev and more recently, ten new Jewish satellite settlements have been approved and will be constructed on Bedouin land near the Jewish town Arad. Incidentally, at least two unrecognized Bedouin villages, al-Tir and neighbouring Umm al-Hiran, are due to be emptied of their combined 1,000 residents to make way for these new Jewish communities.”

Ibrahim did not mention that in the northern Negev there are already 100 Jewish settlements scattered about, each one home to an average 300 people, but he nonetheless managed to underscore that Prawer’s scheme is biased at its very core. And even though he never came out and said that the true motivation behind the plan is the desire to Judaize the land, it is obvious that this is indeed the objective. There is no other feasible explanation for why the state does not relent and legalize the unrecognized villages.

The Bedouin as a threat

As he was formulating the plan, Ehud Prawer met many Bedouin in order to understand the complex issues involved in trying to provide a solution to the unrecognized villages. Years of service within Israel’s security establishment have led him, however, to relate to Bedouin less as individual bearers of rights and more as a national risk that needs to be contained.

Working closely with Prawer are a few people who, like him, were for many years part of one of Israel’s security arms. His right hand man, Doron Almog, is a retired military general, while Yehuda Bachar, chairman of the Directorate for the Coordination of Government and Bedouin Activities in the Negev, was a senior officer in Israel’s police force. Not coincidentally, before submitting the plan to the government, Prawer asked Yaakov Amidror, the Director of the National Security Council, to provide his stamp of approval.

The fact that the life experiences of almost all of the people responsible for providing a solution for the unrecognized Bedouin orbited around issues of security is not a minor matter, since for them the Bedouin are first and foremost an internal threat. The “Bedouin problem,” accordingly, has little to do with rights and much more to do with managing risks.

Algorithm of expropriation

Ironically, the plan Prawer drafted and the proposed law based on the plan do not really address the problems of these villages.

“If the state is so adamant about not recognizing the villages in their existing locations, I would have at least expected Prawer to state clearly that the government will build a specific number of villages and towns for the Bedouin, to specify exactly where they will be located, and to promise that they will be planned so as to take into account the Bedouin’s rural form of life,” Hia Noach, the Director of the Negev Co-existence Forum, explained in an interview.

“Instead, the plan, which will soon become law, focuses on creating an algorithm for dividing private property among the Bedouin, while discussing in a few ambiguous sentences the actual solution for the unrecognized villages. Isn’t it mysterious that the plan dealing with the relocation of the Bedouin does not include a map indicating where the Bedouin will be moved to?”

Prawer’s algorithm is an extremely complex mechanism of expropriation informed by the basic assumption that the Bedouin have no land rights. He is aware that, in the 1970s, as Israel was relocating Bedouin to townships, about 3,200 Bedouin filed petitions to the Justice Ministry, claiming rights over property that had belonged to their family for generations.

All in all, they petitioned for a million and a half dunams, of which 971,000 were claims regarding property belonging to individuals, and the remaining half a million dunams were land that had been used by communities for pasture. Over the years, the Ministry of Justice has denied claims relating to two-thirds of the land, which means that, currently, property claims amounting to about 550,000 dunams, or four percent of the Negev’s land, are still waiting to be settled.

Prawer’s plan aims to settle all the remaining petitions in one fell swoop. Ironically, though, his underlying assumption is that all such claims are all spurious. At the very end of the government decision approving the Prawer Plan (Decision 3707, September 11, 2011), one reads:

“The state’s basic assumption over the years … is that at the very least the vast majority of the claimants do not have a recognized right according to Israeli property laws to the lands for which they have sued … By way of conclusion, neither the government decision nor the proposed law that will be brought forth in its aftermath recognise the legality of the property claims, but rather the opposite – a solution that its whole essence is ex gratia and is based on the assumption of the absence of property rights.”

The strategy is clear: Take everything away, forcing the Bedouin to be grateful for any morsel given back. And this, indeed, is how Prawer’s algorithm of expropriation works.

First, only land that is disputed (meaning land that families filed suit for 35 years ago) and that a family has lived on and used consecutively (as opposed to pasture areas that have been collective) will be compensated with land, but at a ratio of 50 percent. So if a person has 100 dunams, lived on this land and planted wheat on it for the past three and a half decades, this person will be given 50 dunams of agricultural land. Most of this newly “recognized land” will not be located on the ancestral lands, but at a location wherever the state decides.

Second, cash compensation for land that had been petitioned for, but held by the state and therefore not used by Bedouin will be uniform, regardless of the location of the land and whether or not it is fertile, remote or attractive.

Third, the rate of compensation will be about NIS 5,000 ($1,300) per dunam, a meagre sum considering that half a dunam in a township such as Rahat costs about NIS 150,000 shekels. The cost of a plot is important, since the families will have to buy plots in the towns. If a Bedouin landowner has five or six offspring, by the time he buys plots for the family, he will be left with little, if any, land for agricultural use. Finally, Bedouin who filed land claims and do not settle with the state within five years will lose all ownership rights.

To where?

Hia Noach estimates that of the existing 550,000 dunams of unsettled land claims, about 100,000, which is less than one per cent of the Negev’s land, will stay in Bedouin hands after the Prawer Plan is implemented. But this, she emphasises, is only part of the problem. Another central issue has to do with the actual relocation. Where will the Bedouin be moved to and to what kind of settlement? These are precisely the questions Ehud Prawer is yet to answer.

One detail that has become public knowledge is that the unrecognized Bedouin will be relocated east of route 40, which is the Negev’s more arid region situated close to the southern tip of the occupied West Bank. While this part of Prawer’s plan is reminiscent of Ben Gurion’s strategy of concentrating the Bedouin within certain parameters in order to vacate land for Jews, it may be the case that there is something more sinister at hand. If there are ever one for one land swaps with the Palestinians in the West Bank, what could be more convenient for the Jewish state than handing over some parched Negev land with a lot of Bedouin on it?

Regardless of what the Bedouin think about this scheme, the government is going ahead with the plan and has decided to allocate about $2 billion for relocating 70,000 Bedouin. Incidentally, this is more or less the same sum that was allocated for relocating the 8,000 Jewish settlers from the Gaza Strip in 2005. The government has also stated that about $300 billion will be allotted to the existing townships, indicating that at least some of the Bedouin will be moved to these dilapidated municipalities.

It is unclear how people accustomed to living off agriculture and raising sheep will make ends meet once they are forcefully relocated. This is not merely a theoretical concern, considering that the majority of Bedouin who moved to the first seven towns never succeeded in socializing to more urban life. There are talks that three more towns will be created, but if history is any indication, it is unlikely that these will be any better suited to the Bedouin’s rural form of life.

Before leaving Wadi al Na’am, I asked Ibrahim what he thinks will happen if they do not reach an agreement with the government. He paused for a moment and then replied that he does not want to think about such an option, adding that “they will not put us on buses and move us, they will simply shut down the schools and wait. When we see we cannot send our children to school we will ‘willingly’ move.”

This is how forced relocation becomes voluntary and how Israel will likely represent it to the world.



Read More - http://972mag.com/algorithm-of-expropriation-the-plan-to-uproot-30000-bedouin/40202

Monday, April 2, 2012

Is a College Really What the Bedouin Need Right Now?, by Merav Michaeli, in Haaretz

While the Age of the Negev project is an excellent initiative, it will not solve the problem of the deprivation of the Bedouin's living expanse, with the Prawer Law still threatening the relocation of most of them.

President Shimon Peres will tour the Bedouin city of Rahat on Monday and announce the establishment there of a university campus, according to a report Sunday in the media. The question is: Is a college really what the Bedouin urgently need right now?

Apparently, the college has been in the pipeline for over six years already, at the initiative of local agents. The answer then, according to activists Safa Abu Rabia and Amal El-Sana, is a definite yes. Education and intellect are no less important aspects of life, they say, and it's time for the public image of the Bedouin to reflect this, and not only poverty and squabbles over land; after all, books are read and computers are used in the non-recognized villages too.

The college is being planned as part of the Age of the Negev project: an employment park - employment, not industrial, stresses Sigal Moran, who heads the Bnei Shimon Regional Council, where the park is located. An employment park because the emphasis there is not on industry but on employment - in other words, on people, and primarily on Bedouin women from the area. The stated goal: Of the 3,200 jobs on offer, at least half of them, at all levels, will go to Bedouin women.

This excellent initiative comes from the former head of the regional council, Moshe Paul - cooperation among the Bnei Shimon Regional Council, which has a ranking of 6 on the Central Bureau of Statistics' socioeconomic scale, Rahat, which has a ranking of 1, and Lehavim, with a ranking of 9. Moreover, although the park itself is located in the jurisdiction of Bnei Shimon, Rahat has been given a 46-percent stake in the joint company that will manage it. In other words, Rahat will get 46 percent of the municipal taxes collected - no less important a matter for the men and women of the city than the employment.

Another important matter is the fact that one of the 21 enterprises that have already been approved for the park is the SodaStream factory, which has moved there from Ma'aleh Adumim. Apparently, it is possible: cooperation between Jews and Bedouin for the good of all within the borders of sovereign Israel, instead of participation in depriving the Palestinians of their living expanse.

But the Age of the Negev project will not solve the problem of the deprivation of the Bedouin's living expanse, with the Prawer Law still threatening the relocation of most of them - in a manner that will allow the state to register as much land as possible in its name and concentrate the Bedouin on as little land as possible, leaving many of them without property, without rights and without a roof over the heads.

And if the Prawer provisions go into effect, the plight of the Bedouin women will be even worse. These women are the most weakened sector in Israel. Time is too short to detail their unique statistics here, but a legal report by Itach-Maaki - Women Lawyers for Social Justice outlines how the law disregards them entirely and prevents many of them from ever achieving the right to ownership, recognition of their children's rights, and the right to shelter for those who need it.

A college for Bedouin men and women is an excellent idea, but life itself must certainly be dealt with too. Home demolitions must cease; the Bedouin must be hooked up to decent infrastructure services; existing villages must be recognized; and kindergartens, pre-schools and schools must be set up for the girls and boys so that they will be able to study at the new college some day. The college-in-the-works must not be allowed to whitewash the continuing trampling of the Bedouin's fundamental rights.

Under Peres' vision, Bedouin and Jewish students will study on the campus side by side. This vision ignores the fact that already today, Jews and Bedouin study side by side at Ben-Gurion University of the Negev; nevertheless, Jews going to study at a bilingual college adjacent to Rahat would be a worthy innovation.

But the spirit of this vision should start with Jews including the Bedouin and allowing them to participate in the discussions over their own future. The Bedouin were not party to the discussions of the Goldberg Committee or on the Prawer guidelines - and certainly not Bedouin women. In fact, the Prawer guidelines were prepared at the Prime Minister's Office, under a cloak of secrecy befitting a military operation against the enemy.

The Bedouin are not an enemy; and their neighbors in Lehavim and Bnei Shimon appear to realize this. It would be so much better for all of us if one day the government of Israel was to understand that too.


Read More - http://www.haaretz.com/opinion/is-a-college-really-what-the-bedouin-need-right-now-1.422042

Sunday, April 1, 2012

Prawer Plan Promotes Racial Discrimination and Violates Rights of the Negev Bedouin, update from ACRI

Human rights organizations Adalah and Association for Civil Rights in Israel (ACRI) formally submitted their reservations to the government’s legislative proposal to implement the Prawer Plan for Bedouin in the Unrecognized Villages in the Negev (the “Memorandum of Law to Regulate the Bedouin Settlement in the Negev – 2012″).

The government established the Prawer Committee in 2009 to formulate a detailed plan for addressing the legal and practical issues of Bedouin settlement in the Negev based on the recommendations of a commission headed by former Supreme Court Justice Eliezer Goldberg. The government approved the Prawer Plan in September 2011.

In a 17-page letter to Minister Benny Begin (the Minister without a portfolio charged with the procedural aspects of this proposal), Attorney General Yehuda Weinstein, Prime Minister Binyamin Netanyahu, and Justice Minister Yaakov Ne’eman, the organizations detailed their objections to the Prawer Plan, addressing two central issues: the dismantling of the unrecognized villages and forced displacement and relocation of tens of thousands of residents to recognized settlements, and the recognition of Bedouin ownership to lands.

In respect of each of these issues, the organizations maintain, the government is ignoring the facts and reality on the ground, failing to seriously examine alternatives, and proceeding with the clear intention of ousting the residents. Such an implementation of the Prawer Plan would also constitute a gross violation of the residents’ rights under Israeli law to appeal against eviction and demolition orders as afforded to them by their constitutional rights to property, dignity and equality.

With respect to the unrecognized villages: the organizations stress that the proposed legislation ignores the fact that most of these villages have existed on their lands since before the establishment of the State, while others were established when the Israeli military government forcibly relocated Bedouin residents from their lands in the 1950′s. Underlying the proposed law is the sweeping misconception that the 70,000 people residing in 36 unrecognized villages are squatters without rights to the land.

With respect to the issue of land ownership in the Negev: the organizations argue that the facts, supported by ample legal precedents, formal reports and research, prove Bedouin ties and ownership to the lands in question. The government, however, ignores these facts, while purporting that the “arrangement” it intends to impose on the residents is actually for the benefit of Bedouin citizens.

The organizations warn that the central tenant of the proposed law is the “concentration” of Bedouin in limited predefined areas which will force them to abandon their traditional agricultural livelihood, while industrial areas, a military base, and new Jewish settlements are expected to be established on the lands of the unrecognized Bedouin villages. The proposal includes the use of administrative authority, similar to the emergency powers of legislation reserved for wartime, in a manner which would grossly violate the residents’ rights to due process. Accordingly, this proposal would enshrine wholesale discrimination against the residents of unrecognized villages into law.

According to Attorney Rawia Aburabia of the Association for Civil Rights in Israel, “the attempt to enshrine the Prawer Plan into law is a farce. A democratic state cannot pass a law of discrimination, one that violates human rights and continues to harm a minority that has suffered from neglect and discrimination dating back to the founding of the State. Demolishing an Arab Bedouin village in order to establish a Jewish settlement on its ruins is not the action of a democracy – it is a step that takes us back to the military regime.”

Attorney Suhad Bishara of Adalah states that “the government of Israel should shelve the Prawer Plan and recognize the rights of the Arab Bedouin residents of the unrecognized villages to ownership and use of the lands on which they have resided for many decades. The government should recognize the ownership rights of the Bedouin to their lands in the Negev as a necessary step towards creating historic justice vis-à-vis this population.”


Read More - http://www.acri.org.il/en/2012/04/01/prawer-plan-reservations-submitted

Tuesday, March 27, 2012

UN Panel Urges Israel to Shelve 'Racist' Bedouin Relocation Plan, by Dana Weiler-Polak, in Haaretz

A United Nations committee has called on for the withdrawal of an Israeli draft law that would move 30,000 Bedouin living in the Negev to permanent, existing Bedouin communities. According to the Committee on the Elimination of Racial Discrimination, the Law for the Regulation of the Bedouin Settlement in the Negev is discriminatory and would legalize racist practices.

The bill is based on the Prawer Report, which was approved by the cabinet in September. It calls for moving 30,000 Negev Bedouin to communities such as Rahat, Kseifa and Hura. The plan - drafted in response to recommendations made by the Goldberg committee - envisions land exchanges and compensation payments, and comes with an estimated price tag of NIS 6.8 billion.

The UN committee said the law "would legalize the ongoing policy of demolitions and forced displacement of the indigenous Bedouin communities."

It expressed concern "about the current situation of Bedouin communities, particularly with regard to the policy of demolitions, notably of homes and other structures, and the increasing difficulties faced by members of these communities in gaining access on a basis of equality with Jewish inhabitants to land, housing, education, employment and public health."

The UN body reviews official reports from member states as well as counter-reports filed by nongovernment organizations in these countries pertaining to issues of discrimination. Its recommendations are binding.

Dr. Thabet Abu Rass, director of the Adalah Legal Center for Arab Minority Right's office in Naqab, accused the government of "declaring war against" the Bedouin in the town.

"The government has declared war against the Bedouin in the Naqab. The Prawer Plan was written without consultation with the Bedouin community, whose lives are going to be ruined by this plan," he said.

In January the committee received a report from the Negev Coexistence Forum For Civil Equality that presumably influenced its position.

A representative of the forum said the bill would be deleterious to the Negev Bedouin and called on the government to withdraw the draft law.



Read More - http://www.haaretz.com/news/national/un-panel-urges-israel-to-shelve-racist-bedouin-relocation-plan-1.420692

Saturday, March 24, 2012

Making History: J Street's National Conference


The Campaign for Bedouin Jewish Justice will be there along with Rabbis for Human Rights - North America. We'd love for you to stop by the table, but even if you can't make it you can watch conference sessions via livestream on the web on Saturday night, Sunday and Monday at conference.jstreet.org.

Monday, March 19, 2012

Court Rejects 6 Beduin Negev Land Lawsuits, by Joanna Paraszczuk and Sharon Udasin, in The Jerusalem Post

In a precedent-setting ruling on Sunday, the Beersheba District Court rejected six lawsuits brought by Beduin regarding private ownership of around 1,000 dunams of land in the Negev.

Seventeen Beduin, members of the al-Uqbi family, filed the six land claims. The complex and often bitter legal proceedings went on for over six years, and discussed in detail the history of the Negev Beduin and land laws dating back to the mid-nineteenth century.

The Beduin claim the land had belonged to their families since before the establishment of the State of Israel in 1948, and that it had come into their possession by means of purchase and inheritance over generations.

However, in 1951 they say they were evacuated from the land when the IDF confiscated it, and since then the state has not granted them permission to return, and has said the land belongs to the state and was never privately owned.

Significantly, the land in question - south of the Beduin city of Rahat - includes the hotly contested area known as al-Arakib, the site of an ongoing and bitter conflict between Beduin and the state. Temporary shacks built by the Beduin in al-Arakib were demolished by the state and rebuilt on more than ten occasions, the last in 2010, and last year the state filed a NIS 1.8 million lawsuit against two Beduin families over the issue.

During the al-Uqbi lawsuit, both the state and the Beduin brought extensive expert testimonies, pitting the country's most prominent experts in historical and political geography against each other. For the plaintiffs, Ben-Gurion University's Professor Oren Yiftachel, one of the country's foremost critical geographers and social scientists, gave expert testimony. Testifying for the state was Professor Ruth Kark, a leading expert on the historical geography of Palestine and Israel from the Hebrew University of Jerusalem.

At the heart of the case was the debate of whether the Beduin were able to prove that they had private land rights to the disputed plots despite a lack of formal land title deeds showing the land had been registered in their name in the Ottoman land registry, the 'Tabu'.

Central to this was the question of the land's legal classification under Ottoman and British rule, and whether it had been a form of state land, known as Mawat (wasteland that could not be cultivated).

When the Israel Land Law abolished the old Ottoman land classifications in 1969, it said all land would revert to state lands unless a claimant could produce proof of private ownership in the form of Ottoman or British legal title.

The British Mandate authorities stipulated that the last date by which Beduin could register land classified as Mawat as privately owned was 1921, however the al-Uqbis - like most Beduin - had not done so.

In court, the al-Uqbis argued that the state's order to expropriate the land from them in 1951 was made on the erroneous assumption that under Ottoman law the land was classified as Mawat. They said that the land had been cultivated and owned by them, and so classified as Miri land under Ottoman legal terms.

Mawat lands were both uncultivated and not adjacent to settled lands. The Beduin, who argued that the el-Ukbi families had lived at al-Arakib before the State of Israel was established, testified that there had been tents and other structures on the land and that Beduin residents had cultivated barley and wheat there. Therefore, they argued, the Ottoman authorities can not possibly have classified it as Mawat.

In an expert opinion filed to the court, Professor Yiftachel said that these "tribal areas" of scattered tent clusters were not at that time registered with the authorities but were nevertheless considered "settled"and met the definition of a "village" in the 1921 Land Ordinance.

The Beduin also presented aerial photographs from 1945 onwards, which they said showed there had been extensive cultivation covering al-Arakib, meaning that it could not have been classified as Mawat land.

The state's expert witness, Professor Ruth Kark, gave the complete opposite view, and said that prior to 1858, there had been no fixed settlements on or near to the disputed land. The first fixed settlement had been Beersheba, she said, which the Ottomans founded in 1900 and which is 11 kilometers from al-Arakib, refuting the Beduins' claims that the land could not have been Mawat because it was both cultivated and next to a settlement.

They also contended that the Ottoman and later the British authorities had in fact granted legal autonomy to the Negev Beduin to organize land ownership according to Beduin law, which is why it was not registered as theirs in the Tabu.

However, the court did not accept this claim, saying that if the Ottoman authorities had wished to exempt a particular population from the law, then they would have done so explicitly.

Rejecting the claims, Judge Sarah Dovrat concluded the the land in question had not been "assigned to the plaintiffs nor held by them under conditions required by law."

"Regardless of whether the land was Mawat or Miri, the complainants must still prove their rights to the land by proof of its registration in the Tabu," the judge said.

Judge Dovrat added that "athough the complainants believe that they have proof that they held the land for generations, and that four families from the el-Ukbi tribe cultivated and owned the land, such claims require a legitimate legal basis in accordance with the the relevant legislation and according to precedents set out in case law."

The judge held that the plaintiffs' documents indicated that they knew they had a duty to register land in the 'Tabu' - the Land Registry - but had not wanted to do so.

"The state said that although the complainants are not entitled to compensation, it has been willing to negotiate with them," the judge added. "It is a shame that these negotiations did not reach any agreement."

The court also ordered the Beduin complainants to pay legal costs of NIS 50,000.

Attorneys Michael Sfard and Carmel Pomerantz, who represented the Beduin complainants, slammed the ruling, which they said went against an international trend of recognizing the rights of indigenous peoples to their historic lands.

"In its ruling, the court affirmed the practice of expulsion that the state carried out against the Negev Beduin, and found that sixty years afterwards there is no point in testing whether that massive expropriation of lands was legal or not," Sfard said on Monday.

Sfard and Pomerantz added the the court did not "take the opportunity to recognize, even symbolically, the historical injustice perpetrated to the residents of these lands, whose ancestors lived there for centuries."

Professor Yiftachel called the decision "troubling" and said on Monday that the Beduin were considering whether to appeal to the Supreme Court.

"[The ruling] is troubling first and foremost because it unjustly dispossesses many Bedouins who have simply inherited the land from their ancestors. The court decided that just because they didn't register their land, they ought to lose it," Yiftachel said. "It's a sad irony - Jews who bought land from Bedouins in Northern Negev became recognized owners, while the people who sold them the land are now being dispossessed."

Yiftachel said that the court had ignored new research he presented, which he said showed the Beduins had "acquired rights within a permanent land system they developed and how previous regimes have respected those rights."

"Most researchers agree that 2-3 million dunams were cultivated by the Beduin in the early 20th century, which gives them land rights," he said. "Yet the court claimed that no Beduin settlement and rights existed then. Where did the Beduin farmers live - in mid air?"

Yiftachel added that recognizing the fact that Beduin did own parts of the Negev for generations was "not only a moral duty of any enlightened state, but also the key for good Arab-Jewish relations on which the Negev will depend for years to come."

"Whatever the court decision, I am committed to the truth," he said.

ILA director Benzi Lieberman welcomed the court's ruling, and said on Monday that the ILA expected the Beduin claimants to respect it and "stop trespassing" on the land.

"The ILA will do all in its power to keep state land from trespassers - and this includes farming - in order to safeguard the land," Lieberman said, adding that the ILA would file lawsuits against those who trespassed on state land.


Read More - http://www.jpost.com/NationalNews/Article.aspx?ID=262501&R=R1

Saturday, March 17, 2012

The Negev: A Bedouin Village versus a JNF Forest, by Allen Katzoff, in The Times of Israel

The sky was clear blue after many days of rain when we drove to Al-Arakib near Beer Sheva in the Negev. The air was cool but the sun strong. All around us the desert bloomed as we turned onto the dirt road, passed a small cemetery on the left and pulled up before a large three-sided Bedouin tent. In the distance I saw groves of trees on higher ground. But the surroundings around the tent were barren, just sandy ground and rocks. I would soon find out why.
The remains of a building after it was demolished at Al-Arakib.
Note the olive and fruit trees cut down in front of it.

I was visiting Al-Arakib with Rabbi Arik Ascherman, Director of Special Projects at Rabbis for Human Rights, on one of his regular visits to the area. The Bedouin in the Negev have become a particular concern for Arik. His organization’s focus is based on the biblical precept that all people are created in the image of God (B’tzelem Elokim) and that Jews have a moral obligation to fight injustice wherever it occurs.

Soon after we were seated on carpets in the tent, Sheikh Sayakh, an older distinguished-looking man wearing a keffiyeh, entered and grasped Arik’s hand between his, smiling broadly and greeting him warmly like a dear friend. While traditional Bedouin coffee was served, I heard the village’s story.

For generations, the people of Al-Arakib lived on their land, farming and herding sheep and goats. Olive orchards surrounded the village. In 1951, the villagers complied with a government request to leave their land for six months to make room for army exercises. Subsequently they were not allowed to return. Israel then expropriated the land without compensation claiming it was not legally owned. The village residents did not learn of the seizure until twelve years ago when they returned to live on their ancestral lands upon hearing that the Jewish National Fund (JNF) was to blanket their village and fields with a forest.

Today the issue is in court proceedings. Villagers still have receipts of land taxes they paid during the Ottoman and British Mandate periods as well as their traditional land purchase contracts that were recognized as valid by those governments. However, because actual land registration under the Ottomans and British was fragmentary, the residents of Al-Arakib, like most other Bedouin in the Negev, have no registry deeds.

Al-Arakib is one of 35 Bedouin settlements in the Negev, all in the same predicament. These villages, which account for 5% of the Negev, predate the establishment of the state but the government claims the Bedouin are illegal squatters. Almost all houses have demolition orders against them because building permits are unobtainable. The Bedouin pay taxes, their children serve in the Israeli army, and many commute to jobs outside the villages. But they are not provided with electric or water hookups, sewers or trash collection. Yet they still choose their traditional lifestyle on their ancestral land in the desert.

The Israeli government perceives a demographic problem in the Negev: there are too many Bedouin and too few Jews. Last year the government approved the Prawer Plan that calls for the forced relocation of over 30,000 Bedouin from these villages into urban Bedouin towns. The towns are the poorest in Israel: crime-ridden, with severe housing shortages and sky-high unemployment. Once the villagers are removed, the JNF will plant forests and the state will build new towns to attract Jewish residents. Bedouin will not be welcome.

Which bring us back to Al-Arakib. On July 26, 2010, Prime Minister Netanyahu issued a warning that “a situation in which a demand for national rights will be made from some quarters inside Israel, for example in the Negev, should the area be left without a Jewish majority. Such things happened in the Balkans, and it is a real threat.” The next day, over one thousand soldiers backed by helicopters and bulldozers arrived at the village without warning. In three hours they demolished the homes of three hundred people. No one was allowed to remove their belongings before the demolitions. Large items such as cars and generators were seized. One thousand olive trees were destroyed. (Click here to view a video of that day)

The residents of Al-Arakib decided not to leave since leaving would have surrendered their land forever. They immediately scavenged through the wreckage for materials to build temporary shelters. The army returned eight days later to demolish those. And the process then repeated itself. The latest demolition was number 33. The remaining villagers now have their makeshift shelters and some prefab buildings in the old village cemetery. That affords them some protection because the government so far dares not intrude on sacred Muslim ground.

Sheik Sayakh walked with us through the remaining land of the village. Here and there were some concrete slabs, remnants of the old houses. But miraculously, small olive saplings were sprouting from the stumps of the old trees. Apparently olive trees are hard to kill unless you dig out the entire root system. A few hundred meters away, the JNF had just planted rows of samplings, bringing the forest much closer to the village. Soon eucalyptus trees will be planted all through that area, but scattered among them as they grow will be hundreds of olive trees, a living memorial to what once was.

Al-Arakib is emblematic of what will happen when the Prawer Plan is implemented. Thousands of Bedouin view the village as a trial run for what will befall them. A friend of mine, who has spent decades working in Bedouin towns, says the young, who in the past might have served in the army and gone to college, are becoming alienated and radicalized. In a recent press report it was recounted how a young Bedouin, who had served in the Israeli army, received his order to appear for his annual reserve duty on the same day he received from the government a demolition notice for his home. No firm date is given with these notices. The bulldozer will simply show up one day at this soldier’s door.


Read More: http://blogs.timesofisrael.com/the-negev-a-bedouin-village-versus-a-jnf-forest

Thursday, March 1, 2012

JNF Should Plant Trees, Not Uproot Families, by Rabbi Jill Jacobs, in JTA

As a child, I proudly brought my spare change to Hebrew school to drop in the little blue boxes. With this money, my teachers told me, the Jewish National Fund would plant trees in Israel. I never imagined that these nickels and dimes would also help to evict Palestinians from their homes.

Last week, Rabbis for Human Rights-North America called on the Jewish National Fund and its partner organizations to issue a public statement that they will no longer evict Palestinians from their homes in eastern Jerusalem.

In November, RHR-NA mobilized American Jews to write nearly 1,500 letters to Russell Robinson, CEO of the Jewish National Fund of America, asking him to stop a JNF subsidiary from evicting the Sumarin family from their home in Silwan, a neighborhood of eastern Jerusalem. The eviction would have allowed the home to be transferred to Elad, a settler organization that aims to Judaize eastern Jerusalem. The Absentee Property Law, which was the legal basis for this eviction, allows the State of Israel to take possession of eastern Jerusalem properties whose owners were not physically present when Israel first took control of the area in 1967. In the case of the Sumarin family, the children of the original owner were declared absentees even though other members of the family were living in the home at the time.

Though JNF responded to the uproar among American Jews and halted the eviction of the Sumarins, the organization and its subsidiaries are currently pursuing other evictions.

It’s time for JNF once and for all to end its policy of evicting families.

This is not ultimately a story about whether a few families can stay in their homes. What happens in Silwan may determine whether a peaceful solution remains possible. What happens in Silwan speaks to the the moral and democratic soul of Israel. And the crisis in Silwan opens our eyes to the role that American money plays in perpetuating the conflict.

By moving into Silwan and other eastern Jerusalem neighborhoods, ideological settlers are putting facts on the ground that make peace more difficult. Visiting Silwan last November, I saw the homes of recent Jewish settlers standing next to the homes of longtime Palestinian residents. These Jewish homes sported Israeli flags, guard booths, barbed wire and sky-high fences. The settlers walk through the streets carrying rifles. The juxtaposition between these fortified houses and the more modest ones of their neighbors serves as an answer to those who ask why Jews can’t live anywhere in Jerusalem. This is not an attempt at peaceful coexistence; it is an armed takeover that threatens the very possibility of peace.

I’m deeply concerned as well about the moral and democratic soul of Israel. I believe strongly that Israel has the potential to live up to the very best of Jewish values, and to be the “light unto the nations” to which its founders aspired. Jewish history teaches us the pain of being expelled from one’s home. And Jewish law sets up strong protections against seizing property without cause and without incontrovertible evidence. I am proud that Israel’s Declaration of Independence commits to “ensur[ing] complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex.” I pray that we will realize this vision soon.

Settler organizations argue that the Absentee Property Law simply allows for the return to Jewish hands of property owned by Jews before 1948, but the argument fails the test of fairness and democracy. First, the properties are not being returned to the families who left after the partition of Jerusalem but rather into the hands of settlers with an ideological desire to Judaize the area and transfer Palestinians out. Second, there is, of course, no parallel law allowing Palestinians to reclaim ownership of homes that their families owned before 1948. Such a law would mean the end of many western Jerusalem neighborhoods that are now Jewish, and even of Israel as we know it.

Finally, the situation in Silwan has opened many of our eyes to the role of American Jewish money. It makes the news when mega-donors like Sheldon Adelson, Irving Moskowitz or Ira Rennert invest millions of dollars into building new settlements or financing Jewish enclaves in Palestinian neighborhoods. But those of us who give money to “neutral” organizations, such as JNF, may believe that we are only helping to plant trees, contribute to economic development or even support Jewish-Arab cooperation projects. Our donations to JNF do support such praiseworthy activities. At the same time, these contributions support the uprooting of Palestinian families, the development of settlements, the forced displacement of Bedouin Israeli citizens and other activities that violate human rights.

In the world of Israel politics, very little is neutral. Adelson and other right-wing billionaires invest in projects that reflect their vision of Israel. Those of us who believe in building a country that reflects the best of Jewish and democratic values must similarly invest in work that reflects our vision of what Israel should be.

I hope that JNF will retain the trust of American Jews who support peace and justice. I therefore call on JNF to end policies that set up roadblocks to peace.


Read More - http://www.jta.org/news/article/2012/03/01/3091925/op-ed-point-jnf-should-plant-trees-not-uproot-families

Wednesday, February 29, 2012


More at The Real News


Precis

In recent years, the government has adopted the so-called Prawer Plan, reversing several earlier decisions to recognize unrecognized Bedouin villages in the Negev Desert. The new plan, explained by Association for Civil Rights in Israel lawyer Rawia Abu Rabia, will relocate 40,000 Bedouins in southern Israel for the establishment of 10 Jewish villages in their place. The Real News' Lia Tarachansky speaks with Haia Noach, Executive Director of the Forum for Co-existance in the Negev, and Salim Abu Kian, from Umm el Hiran, one of two villages (along with A Tir) slated for evacuation.

Transcript

LIA TARACHANSKY, JOURNALIST, THE REAL NEWS NETWORK: The Negev Desert, Southern Israel. This vast, diverse landscape is at the forefront of the new fight for land in Israel. In recent years, millions were invested in bringing Jewish citizens to this part of the country, and moving non-Jewish citizens out. Over 200,000 Bedouins live here in seven municipalities and over thirty unrecognized villages. A new plan that involves multiple branches of government, semi-governmental bodies, and corporations is starting a campaign of demolition, displacement, and forced urbanization. Rawia Abu Rabia is a lawyer with the Association for Civil Rights in Israel. She explains the impact of this project.

RAWIA ABU RABIA, LAWYER, ASSOCIATION FOR CIVIL RIGHTS IN ISRAEL: 60% of the country’s territory is the Negev Desert. The Bedouins are asking for only five percent of the Negev’s territory. Most of the lands the Badouins have lived on since before the establishment of the state, before all the laws, they were there. Some are villages of the internally displaced who were moved there in the 50s, what this plan proposes is less than one percent for them, of the Negev’s territory. TARACHANSKY: In previous stories, The Real News covered the village of Al Araqib where the Jewish National Fund, or JNF, a semi-governmental body in charge of forestry, demolished the village over thirty times to build the Ambassador’s Forest. Haia Noach is the director of the Negev Co-Existance Forum.HAIA NOACH, EXECUTIVE DIRECTOR, NEGEV COEXISTENCE FORUM FOR CIVIL EQUALITY: This area was actually before ’48 the house of thousands of Bedouin Arabs. Which most of them were expelled or driven away, or left the area in ’48 and during the beginning of the 50s. We are in the midst of litigation process and still the JNF is working as [if] the land belongs to the state. Just changing all the ecology here, all the landscape as you can see. TARACHANSKY: At the same time the JNF is building a new forest on the lands of Al Araqib, it’s expanding the Yatir forest in the Northwestern Negev onto the lands of Um el Hiran. In a new promotional campaign with the Israeli airline El Al, the JNF promises to plant a tree for every plane ticket sold to expand the section of the forest it calls Hiran. But nowhere in the promotional material is it mentioned that the area on which the forest is to be planted is home to two Bedouin villages of the Al Gian family. This campaign, coordinated with the government, is propelling Umm el Hiran and A-Tir into the beginning of a similar fight to the one waged by Al Araqib. In November the government approved the demolition of dozens of the villages’ homes.SALIM Al-KIAN, UMM EL HIRAN VILLAGE: The people who live here are not lowlives, really, you have school teachers here, and lawyers, managers, and engineers, all the people here are educated. They go to work, and come back to the village. In agriculture, we have no agriculture because we have no water. 60 years with no water. Electricity as you can see is all generator-powered, which is very expensive. But we have no choice. There are sick people and children here, we need the electricity. TARACHANSKY: Why don’t they recognize your village?AL-KIAN: Because we’re Bedouins, there’s no other answer. TARACHANSKY: The JNF refused to comment on the case, saying only “The JNF does not plant even one tree in an area under legal dispute,” This despite its clear plantation on the lands of Al Araqib, a case currently undecided in the courts. NOACH: The JNF is now actually the operator. The Arab population, that is indigenous to the Negev lives in awful conditions in the unrecognized villages, and in the state-planned towns. The state-planned towns are actually the poorest in Israel. When you’re looking at the cluster of socioeconomic indicators they are the last ones. TARACHANSKY: Before moving to this area in 1956, the Al Gian family, which populates the two villages was displaced four times by the nascent Jewish State, until under military rule, they were resettled here and promised it would be for the last time. Since, they’ve become citizens of Israel and serve in the in the Israeli army. On the same day Salim’s son received his order to appear for army reserve duty, he also received a demolition notice for his home. AL-KIAN: They promised us that this will be our place forever, and in the last ten years we see demolition orders. Nobody comes to you, nobody talks to you, they only place demolition orders, and destroy houses and uproot trees, and there’s no water, and no one to speak to. They tell you – there’s water in Hura, as if I was born in Hura. TARACHANSKY: Hura is a government–constructed municipality near the villages. It is one of seven such towns the government wishes to relocate all Bedouins to. The process began in 2003 when the government commissioned the Goldberg report, seen by many in the field as a sign of hope. ABU RABIA: It was seen as a sort of turning point, because before that the Bedouins were treated from a security perspective, and all of a sudden they were seen from a civilian perspective. Two general principles this committee outlined were, first that the unrecognized villages should be recognized as much as possible. The very use of the term “villages” and not the government’s usual term – “spread,” and “infiltrators” and all that rhetoric, and secondly, the committee recognized the Bedouins historic rights to their lands. NOACH: The reason it changed, was a lot of pressure from the right-wing parties. TARACHANSKY: What do you think it was that motivated the state, all of a sudden?NOACH: Well, the pressure on the Negev is getting bigger. Lots of projects, you know, the army is brining all these large bases to the Negev, you have Israeli highways that are going towards this direction. Jews are coming to the Negev only, or let’s say most of them, to be accurate, are coming to the Negev because they have extra rights. They are getting farms, income tax deductions, you have.. TARACHANSKY: It sounds like this is the new West Bank.NOACH: It’s… they are turning it into… into.. a fire zone. You know, they are putting tension. Last month there was a decision to build ten new villages near Arad, in the area of Arad. They build villages for the evacuees from the Gaza settlements, all the redeployment. People are coming here to the Negev. TARACHANSKY: But when the report came out, the Prime Minister’s Office intervened, appointing Ehud Prawer to implement its recommendations. Prawer, the former deputy head of the National Security Council, reversed the trend of recognition set by the Goldberg report. ABU RABIA: In his process, that lasted two years, there wasn’t a single member who was Arab or Bedouin. A, he doesn’t use the term “villages”, he goes back to “dispersion,” or “spread”. His guiding principle is urbanization, returning to the idea of concentrating them in Be’er Sheva or the Bedouin municipalities, or in the eleven townships of Abu Basma. And only in exceptional cases, establish a new village. This means uprooting roughly 40,000 Bedouins from their homes. TARACHANSKY: The government explained its forced urbanization plan by saying it is unable to provide services to the 35 villages it refuses to recognize. However beside the encroaching JNF forest, in recent months a new plan was revealed for the establishment of ten small Jewish villages in the places from which the Bedouins are to be evicted. ABU RABIA: When the planning authorities discussed the obejections the Bedouins raised to the urban plan of Be’er Sheva, the committee appointed a researcher, to weigh their resistance. TARACHANSKY: Was it Talma Duchan? ABU RABIA: Talma Duchan. And she actually concluded that A-Tir and Umm el Hiran should be recognized, so the Prime Minister’s office intervened, reversing her decision to recognize the villages. Later it was revealed that it was for security considerations, they didn’t want territorial contiguity between the occupied territories, the Hebron area, and A-Tir, Umm el Hiran which are close to the Green Line. And that was their deciding factor, and so they intervened. And if that’s not enough, just recently, the same government that says these villages can’t be recognized for all kinds of reasons, decides to establish ten Jewish villages on this very place, where villages exist and people live. TARACHANSKY: The realization of this plan was designed with the settlement movement at its heart. The plan was made clear in an interview with the former head of the Settlement Department at the World Zioinist Organization who outlined the creation of a contiguous Jewish bloc from the West Bank settlement of Susia to the Israeli town of Arad. TARACHANSKY (Quoting Ofer Laufman, Former Head of the Settlement Department, World Zionist Congress): “This is a flagship project for the department. A first rate Zionist mission for the establishment of a Zionist settlement bloc in a place nearly abandoned by the government for Jewish settlement. If it succeeds, it will be incredible.” TARACHANSKY: The Settlement department of the World Zionist Organization was created by the Jewish Agency with the distinct purpose of settling Israeli citizens beyond the Green Line, in violation of international law as the areas are militarily occupied since 1967. In 2002, then-Prime Minister, Ariel Sharon relegated the Galilee in the North and the Negev in the South as new frontiers for the department to settle. In 2008, settlers from the settlement of Susia were brought here to plant the seeds of a new Jewish village, Hiran, on the lands of Um el Hiran, following in the same way new outposts are build in the West Bank. Despite repeated attempts, the government ministry in charge of settling the Negev and Galilee refused an interview with The Real News. I’m Lia Tarachansky in Umm El Hiran, the Negev Desert.

See More - http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=8002

Monday, February 20, 2012

Neglect at Schools Spurs Strike by Parents in Bedouin communities, by Yanir Yagna, in Haaretz

Parent-initiated strikes are paralyzing schools and kindergartens in two different Bedouin communities in the Negev. The strikes are in protest of long-standing neglect of equipment and poor sanitation and safety conditions.

The parents’ committee of theBedouin area of El Azazme has shuttered 12 kindergartens for the last 12 days, while at Lakiya, the parents’ committee has closed both schools and kindergartens serving some 5,000 pupils.

Photograph from Step Forward, an NGO with the objective of promoting
educational opportunities and economic advancement programs for
the Bedouin community of Southern Israel.


“The games are old and dirty and the chairs are broken,” says Mussa Abu Bina of the El Azazme committee. “The kids can’t be in the kindergarten because of the noise of the generator. The sand boxes are filthy, some of the playground facilities are unsafe, the toilets are broken, and we lack basic equipment such as drawing paper and markers.”

Some parents told Haaretz: “The Education Ministry claims it doesn’t have money to help the communities, and refer us to the Abu Basma regional council. They, in turn, refer us back to the ministry.”

The regional council’s acting chairman, Rahamim Yona, replies that, “We’re doing our best to solve the problem but we lack budgets. We reported the problem to the Education Ministry a year ago.”

The situation in Lakiya is similar, claims Mer’i al-Sana, of the parents’ committee there: “All the schools are in the same dire conditions because we never received the basic financial support given to other educational institutions. It’s inconceivable that kindergarten teachers pay for cleaning materials from their meager salaries, because there are no funds. Last week the school children didn’t receive their report cards because the school hasn’t had a budget for paper. There are 18 air-conditioners in the junior high school but none of them work. There even isn’t enough money to fix broken windows.”

Nir Shmueli, deputy director of the Education Ministry in the south, counters that the ministry ordered the Abu Basma regional council to buy equipment for the kindergartens, and that the problem in Azazme would be solved “within a week.” As for the situation in Lakiya, the ministry did not comment by press time.

Read More - http://www.haaretz.com/print-edition/news/neglect-at-schools-spurs-strike-by-parents-in-bedouin-communities-1.413671

Sunday, February 5, 2012

Bill Will Turn Bedouin Dispossession into Israeli Law, by Dr. Yeela Raanan, in the Alternative Information Center

A new bill seeks to turn the controversial Prawer Plan into Israeli law. If the Knesset passes the legislation, it will pave the way for Israel to step up its efforts to disposess the Negev's Bedouin and relocate them to impoverished townships. This bill has gone totally ignored by both local and international media.

On January 3rd the Government of Israel published the memorandum of a bill named "Regulation of the Bedouin settlement in the Negev", which states the steps to be implemented in order to relocate the overwhelming majority of the residents of the Negev's unrecognized villages and to confiscate about two-thirds of the land remaining in their possession.

As can be expected, the Government of Israel is anticipating resistance to this new bill, so within the bill are violent measures to ensure its implementation. This bill is currently going through the legislative process in the Knesset, and will likely become law soon.

We call all our friends to help us prevent the Knesset and government from passing this disastrous bill.

Following is a short history bringing us up to this legislature, then a short description of the bill, with a highlight on its most dangerous aspects.

(The memorandum can be found at this address (Hebrew only): http://www.tazkirim.gov.il/Tazkirim_Attachments/41151_x_AttachFile.doc)


Brief overview of current situation

Coerced urbanization: Israel has had destructive policies towards its Bedouin minority for decades. The results of these policies are seven Bedouin towns, which are always rated as the poorest municipalities in Israel, with severe social breakdown, harsh unemployment, and the absence of any traditional or modern positive roles for the women in the communities. Israel created these towns with willful disregard for the traditions and the needs of the community, rather with the lone aim of minimizing the land available for the use of the community. Over the last half century Israel has managed to "settle" half the Bedouin community in these failed towns.

Policies of non-recognition: The other half of the Bedouin community has been adamant in holding on to its traditional lands and culture and the government has made them pay a steep price by withholding basic services and infrastructure through the policies of non-recognition. Forty-five villages, of 1,000 -10,000 residents each, are not recognized, making the people live without roads, no connection to the electric grid, no running water or sewer system, very minimal health and education systems, and worst of all – no administrative system by which to request building permits, rendering all the homes "illegal" and therefore slotted for demolition.

Land use: Before 1948 the 90,000 Bedouin were virtually the only residents of the Negev. By 1952 there are only 12,000 Bedouin, the rest had been persuaded one way or another to leave the country. Today there are about 200,000 Arab-Bedouin, comprising 1/3 of the Negev population, and who are using only 320,000 dunams of the 13,000,000 of the Negev. The new bill will reduce this even further – to less than 150,000 dunams.

For comparison sake: the Jewish farmers in the Negev are using 1,000,000 dunams of land for agriculture, the Bedouin are currently using about 195,000 dunams, and this will be reduced by the new bill to close to zero. On the other hand – there are more people that make a living as farmers in the Bedouin community than among the Jews of the Negev. Needless to say the new bill will bring the Bedouin community to be even poorer and more dependent on governmental handouts than it is already; accordingly this will further decimate the community.


The bill:

The policy starts with a call to all Bedouins to ratify their land claims, if their father or grandfather filed a land claim in the procedure the Government of Israel initiated in the 1970's. Then the conditions of the land holdings are examined by the government: Did the ancestor utilize the land during the 70's?/ Is the land utilized by the descendent today?/ Have all siblings and cousins ratified their land claim?/ And some more conditions. If all conditions are met – then the person will receive a promise from the government to receive a land parcel up to half the size of the land claim he/ she is giving up. However the government will keep its promise only if the Bedouin person will clean off the land they are using now of all buildings, people, animals and trees at the demand of the government, and the land parcel will be allocated only at a location the government will decide on in the future.


The threats the bill poses for the Bedouin community:

Its aim is land confiscation: As stated earlier, this bill further reduces the availability of the land, an important resource for the residents of the Bedouin villages, who still mainly live by farming. This is further disturbing as the Bedouin are recognized by the U.N. as an indigenous people, and thus deserving of land (and other) compensation – not land confiscation.

Extra Power to Governing Bodies: Articles #71-#73 permit the Authority for the Settlement of the Bedouin (after a formal claim by the Prime Minister), to render a certain area to be cleared out immediately, and demolish all buildings and evacuate all people, without the necessity for a court injunction, as is the law today. Further the bill states that the courts have very limited possibility in preventing this process from being carried out. All the Bedouin villages are to go through this process.

Unwarranted Creation of Family Strife: Articles #42-#43 state that the percentage of the land that a person will receive as compensation depends on the percentage of the original land claim that has been ratified. In plain language what this means is – if all cousins (the grandfather being the original land claimer) enter the process this bill suggests, then (if all other criteria are met) all can receive compensation in land (which is strongly preferred to monetary compensation) of up to 50% of the size of their personal land claim. However if some choose not to enter the process, then the other cousins will receive less land as compensation. This is set by the bill to create family pressure on the descendants of the original land claimer to enter the process and officially forgo their land claims. The end result will be the creation of family strife among most Bedouin families in the Negev, strife that will probably continue on for generations, destroying even further the strained social fabric already decimated by forced urbanization and dislocation. It is unimaginable that a government will pass a bill that is so destructive to family life, all for the purpose of forcing people to forgo some more of their historical claims to land.

Diminished protection by the courts: The bill also prescribes that in cases of conflict with other laws, it is above other existing laws in Israel, reducing further the possibility for members of the Bedouin community to turn to the courts for protection.

Another blatant racist ruling in this bill is that Bedouin may not receive land compensation and may not settle west of route #40, but rather within a clearly delineated area, mapped in the bill, which is clearly reminiscent of a reservation or a "Bantustan".

No allowance for settlement planning: Furthermore, the bill does not include any discussion or procedures for recognition of villages, processes for planning the villages, or possibilities for people of the community to make choices as to where they may live, and the character of their communities. So when the clearing process described in articles 71-73 comes into effect, the government will be the sole decider of the new locations for tens of thousands of people.

Impeded process of consideration: The government has nominated Minister Beni Begin to listen to the grievances of the Bedouin men, and to implement change in the bill according to the needs and wishes of the Bedouin community. However, we have heard Minister Begin's talks, and unfortunately we find that he has no real ability or wish to listen to members of the Bedouin community. Rather, we find him frustratingly eloquent and an emissary of the government in convincing members of our community to enter this destructive bill.

Implementation of this bill will create severe suffering: We do not believe this bill can be implemented, as its aim – further reducing the ability to hold on to what is left of the Bedouin ancestral lands – is an abomination for members of the Bedouin community. However, if this bill passes, and if there is an attempt to implement this bill, the Bedouin community will suffer greatly: with bulldozers razing villages to the ground, land confiscated by force, many incarcerated because of their refusal to give up their lands, and possibly the eventual success of the bill – total urbanization and loss of land as a source of income to the Bedouin people, and the destruction of their culture.

Thousands of Bedouin have demonstrated in Beer Sheva and in Jerusalem, showing their abhorrence to this bill. The Israeli media, cooperating with the government, completely ignored these demonstrations.


Read More - http://www.alternativenews.org/english/index.php/component/content/article/28-news/4109-bill-will-turn-bedouin-dispossession-into-israeli-law

Monday, January 30, 2012

Jerusalem Protest at JNF Calls to Halt Bedouin Displacement, by Max Schindler, +972

Some 100 demonstrators gathered at the Jewish National Fund headquarters in Jerusalem on Sunday to protest afforestation plans in the Negev region of Southern Israel, which could result in the displacement of Bedouin families residing there.

Rallying in front of the JNF’s sprawling offices in downtown Jerusalem, the crowd included activists from Rabbis for Human Rights and regional Bedouin leaders. Holding posters declaring their opposition to the forcible transfer of the Bedouin population, the protesters received thumbs-up from passersby and honks from speeding drivers.

One demonstrator, a resident of the al-Araqib village—located seven kilometers north of Beersheba (see here for a detailed map)—described how the Israeli authorities confiscated his cropland:

“The JNF took my land,” said a man who introduced himself as Hussein and who was born in al-Araqib. “They’ve taken everything, all types of crops—watermelon, wheat—and they planted trees all over it… Now we’re all living in the al-Araqib cemetery, all 25 of us [extended family members].”

The Israeli authorities have been trying to evict the residents of al-Araqib since 1999, who were then estimated to number some 500. In July 2010, the Israel Land Administration razed the al-Araqib village in order to plant a forest there. Most of village’s structures were subsequently rebuilt.

Since then, the authorities have demolished the village at least 32 times, according to Haia Noach, executive director of the Negev Coexistence Forum for Civil Equality.

Every few months, the cat-and-mouse game resumes, with the Israeli authorities demolishing and the villagers rebuilding.

Virtually none of the structures have proper building permits, according to village residents. The Israel Land Administration—the authority carrying out the demolitions— argues that the area was pronounced state property for “security purposes” in 1954.

Al-Araqib is by no means the only unrecognized village affected by JNF development.

According to a 2011 report by the Association for Civil Rights in Israel, approximately half the Bedouin population in the Negev—or 90,000 people—live in quasi-recognized or unrecognized villages similar to al-Araqib.

Many of their villages, all lacking basic infrastructure, face the same predicament as al-Araqib. In 2007, in order to supposedly find a solution to the unrecognized villages, Israel established the Goldberg Commission, which concluded that the Bedouin villages should be recognized and their buildings rights retroactively legalized.

However, the Prawer Commission, established to implement Goldberg’s recommendations, calls to transfer some 30,000 Bedouin from their Negev villages to existing Bedouin townships. Its conclusions were approved by the government last September.

As Noam Sheizaf of +972 reported in November of last year, the JNF now controls 13 percent of the land in Israel. As a policy, the fund – a non-profit which is run by the Israeli government – markets its land only to Jews.

Regarding the JNF’s plans for the Negev, Gadi Elgazi of Tarabut-Hithabrut, an Arab-Jewish movement for social and political change, said, “It’s the largest campaign of dispossession in Israel, against the weakest and poorest population in Israel by any socio-economic standard.”

It doesn’t help that among Jewish communities abroad, the JNF conjures images of blue donation boxes and a pioneering ethos. “From the [United States], many people contribute to the JNF believing that it does nice things for everyone. They don’t know what’s going on in the Negev, the daily demolitions,” Elgazi continued.

The al-Araqib village has scrambled to organize against the eviction efforts, creating a local committee. But the head of these efforts, Awad Abu Freih, a professor of chemistry and resident of al-Araqib, said the prospect of forestalling the JNF’s plans was weak.

“In the end, they will take our land,” Abu Freih said. “We haven’t had any successes but there have been some delays.”

In response to the protests, the Israeli government has offered compensation for the al-Araqib village. “The government wants us to move and they’re offering 1,000-2,000 shekels for one dunam,” or about $270-530 for a quarter of an acre, Abu Freih said.

A number of Israelis and international organizations have responded to the eviction efforts by petitioning and pressuring the JNF.

Rabbi Arik Ascherman, executive director of Rabbis for Human Rights, has lobbied the JNF on the behalf of al-Arakib and says that the organization is feeling the heat.

“There are people on the directorate both here and in the States that who would like to see this changed,” Ascherman said, without divulging individual board members’ names.

In December, JNF board member Seth Morrison resigned from the organization in response to news of similar evictions and demolitions in East Jerusalem.

“I think it reflects that many people who believe in the JNF and support and love many of things they do, as I do, and put their coins in those little boxes over the year or sent more significant checks; they expect something different of the JNF,” Ascherman said.

The JNF was not available for comment at time of publication. Stay tuned for updates.



Read More - http://972mag.com/jerusalem-protest-at-jnf-calls-to-halt-bedouin-displacement/34243