March 30, 2008

Off the Map

Land and Housing Rights Violations in Israel's Unrecognized Bedouin Villages

I. Summary
Key Recommendations
II. Note on Methodology and Scope
III. Background
Legal Basis for Land Confiscation
Government-planned Townships
Battle over Land Ownership
Unrecognized Villages
Developing the Negev
Is Resolution Possible?
IV. Discrimination in Land Allocation and Access
Land Ownership and Distribution in Israel
Discrimination in Land Jurisdiction
Individual Farms
Selection Committees
V. Discrimination in Planning
Bedouin Needs Not Met
Absence of Planning Participation and Consultation of Bedouin
Lack of Local Representation
No Criteria for Recognizing Communities
Retroactive Legalization and Changed Zoning
VI. Home Demolitions
Twayil Abu Jarwal-A Bedouin Village Repeatedly under the Bulldozer
Legal Authority for Demolitions
Demolitions on the Increase
Justifications
How Demolitions Are Carried Out
Warnings
Orders and Demolitions
No Prior Warning of Demolition
Destruction of Belongings
Demolitions Accompanied by Police Violence/Clashes
Self-demolition
Impact of Home Demolitions
VII. Lack of Compensation or Adequate Alternatives
Comparison of Compensation Rates
Recognized Townships
VIII. Israel's Obligations under International Law, and Comparative Practice
The Prohibition Against Discrimination
Right to Adequate Housing, Privacy, and Choice of Residence
Security of Tenure101
Right to Land102
Forced Evictions102
Indigenous Land Rights104
Recent Practices of Other Governments105
New Zealand105
Canada106
Australia106
Creating a Land Claims Mechanism in Israel107
IX. Detailed Recommendations109
X. Acknowledgments113
Appendix A: Special Procedures Address the Bedouin Problem.. 114
Appendix B: Home Demolition Statistics117
Appendix C: Sample Warning119
Appendix D: Sample Administrative Demolition Order121
Appendix E: Sample Judicial Demolition Order123