The unprotected nation : Arab citizens of Israel and land rights.

Abstract

Prior to 1948, the Jewish community in Israel owned seven per cent of all the land within the boundaries which eventually became the State of Israel. Today it owns ninety three per cent of the land1. This dramatic reversal of fortunes is the result of a systematic policy of encroachment, confiscation, delimitation and discrimination. This thesis examines how the land which belonged to the Palestinian inhabitants came under the State's direct control. It, as well, draws conclusions as to how, in the light of international legal provisions and mechanisms Palestine Land Rights can be protected and restored. This study travels along the route of legislation by the State of Israel which is in an on-going process to bring Arab-owned and Arab-held lands to State ownership. It is, as well, based on criteria and reports submitted by a number of non-governmental organizations in Israel. Chapter I provides background to the issue of land policies in general and to the historical context of the Israeli-Palestinian conflict over land. It, as well, presents an overview of the conditions of Arab citizens of Israel and the challenges they face regarding land acquisition. Chapter II examines the legal development of Israeli Domestic Law as regards issues related to Land rights including policies, laws and decisions which lead to the complete loss of Palestinian lands to the State of Israel. I must state here that my major reference to the laws enacted by the Israeli government is that of Hussein Abu Hussein and Fiona McKay, Access Denied: Palestinian Land Rights in Israel: London/New York (London: Zed Books Ltd, 2003).