22 November 2010 By Stephen
Lendman In October, the Adalah Legal
Center for Arab Minority Rights in Israel, together
with nine other human rights organizations, addressed
a position paper on "The unconstitutionality of the
state's policy of demolishing Arab Bedouin
unrecognized villages in the Negev" to three Israeli
officials: -- Prime Minister Benjamin
Netanyahu, -- Attorney General Yehuda
Weinstein, and -- Minister of Justice Yaakov
Neeman. Citing the illegality of home
demolitions, in this case of Arab Israeli citizens,
they urged halting them immediately and finding a
durable solution for unrecognized village residents.
In Salim Abu- Medeghem v. The Israel Land
Administration (April 14, 2007), Israel's High Court
proposed replacing demolitions with solutions based on
dialogue, Justice Arbel ruling: "....the difficult reality the
Bedouin population faces in the State of Israel
requires a systemic, complete and comprehensive
solution, and the sooner the better...The time has
come to formulate and implement a truly comprehensive
solution to this problem." An earlier article addressed this
issue, accessed through the following link: http://sjlendman.blogspot.com/2007/09/unrecognized-palestinians_12.html It explained that Israeli Arabs
live mainly in all-Arab towns and villages in three
heartlands - the Galilee in the north; what's called
the "Little Triangle" in the center along the Israeli
side of the Green Line; and the Negev in the south. Up to 150,000 Bedouin Arabs,
Israeli citizens, live in so-called "unrecognized
villages," mainly in the Galilee and Negev. They're
unrecognized because their residents are considered
internal refugees, forced from their homes during
Israel's War of Independence and prevented from
returning. Thereafter, they've been relentlessly
mistreated, including by repressive zoning
restrictions, prohibiting construction, agriculture,
and other legal rights. They're also been denied
essential services, including water, electricity,
roads, transport, sanitation, education, healthcare,
postal and telephone service, refuse removal and more
because under Israel's Planning and Construction Law
they're illegal. More recently, stepped up efforts to
demolish their homes and villages are dispossessing
them, making way for Jewish development, much like
what's ongoing throughout the West Bank and East
Jerusalem. Adalah and the other human rights
organizations want it stopped. Negev Bedouins number
around 80,000. After earlier concentrating them in the
desert's eastern portion, a policy of reducing their
living space began in the 1990s. Today, Israel wants
to remove as many as possible, disregarding their
basic rights. Since 1948, Israeli master plans
completely ignored the unrecognized villages, denying
their residents rights afforded Jews. The ongoing
injustice continues relentlessly, today pursuing a
policy of destroying entire villages, forcible
displacements then following. Examples include Al-Araqib. On
July 27, 2010, at 4:30AM, the whole village was razed,
its 45 homes demolished, illegal force used against
men, women and children. Without warning, police
stormed the village, wearing face masks and no IDs.
Income Tax Authority representatives came with them,
lawlessly seizing assets, purportedly to cover
unverified debts. The episode was appalling,
leaving residents traumatized, their homes razed in
front of their eyes, their possessions seized, and no
alternative housing provided. After rebuilding four
times, authorities again destroyed them. Umm al-Hieran - Atir is home to
about 1,100 Bedouins, evacuation and expulsion orders
pending against them on grounds of trespassing. As a
result, many village homes got demolition orders.
Residents have lived there since 1956 after members of
the Abu al-Qi'an tribe were expelled from Wadi Zuballa
(today part of the Kibbutz Shoval). However, according
to various master plans, part of their village is
earmarked for a Jewish town to be called Hiran. Al-Sura is another example,
situated on Al-Nasasra tribe land, predating Israel's
creation. All village houses got demolition orders,
their land to be stolen for industrial development
excluding them. In August 2010, demolitions
occurred in Jarabe, Abda, Abu al-Sulab, Al-Shihabi
(Abu Tulul) and Baqurnub. There and in other villages,
the practice has been longstanding. However, 2010 saw
a dramatic rise, by early October destroying over 200
homes, properties and other possessions confiscated.
Moreover, hundreds of olive trees were uprooted and
agricultural crops destroyed. More information can be found at
the Negev Coexistence Forum's web site, accessed
through the following link: http://www.dukium.org/index.php?newlang=english Israel's Lawless Disregard for
Its Arab Minority Home demolitions violate their
legal rights to dignity, housing, health and life,
mistreatment Israel Jews don't face. Loss of their
homes also violates a Supreme Court ruling that the
right to housing is part of their minimal subsistence.
It's therefore part of their legal right to dignity. In Preminger v. Mor (1997),
Justice Strasberg-Cohen held that: "human dignity is a fundamental
constitutional value in our society. No one would
dispute that it is necessary to safeguard a person's
dignity even if he has failed or fallen into debt, and
that he should not be left without a roof over his
head." In Ajouri v. Commander of IDF
Forces in the West Bank (2002), the Court held that "A
person's home is not only a roof over his head, but
also a means for the physical and social location of
the person, of his private life and social
relations." Moreover, since Bedouin life is
especially harsh, authorities have an added
responsibility to ensure shelter. In Commitment to
Peace and Social Justice NGO v. The Minister of
Finance (2005), the Court ruled that dignity included
the right to minimal living conditions to ensure
protection for human life. As such, the state is duty
bound to care for those with meager means. Retired
Chief Justice Barak ruled: "The basic laws protect the right
to dignity, including the aspect of material
subsistence required for the exercise of (this right).
From this viewpoint, (that entails) the right to
conduct his normal life as a human being without his
distress defeating him and bringing him to a state of
intolerable impoverishment." International laws also affirm
these rights, including the International Covenant on
Economic, Social and Cultural Rights. ICESCR's Article
11 defines elements to adequate housing to include: -- affordability, so that
obtaining it doesn't jeopardize other essential
needs; -- a prohibition against
discriminatory laws; -- the right to privacy; -- protection from arbitrary
eviction; -- accessibility to
infrastructure and services, including health,
education, and employment; -- the right to choose residency
locations; and -- to live in culturally
adaptable housing. Other international laws specify
rights for women and children, and for authorities to
assure them. Evicting Bedouin Arabs and demolishing
the homes and villages, based on their nationality and
religion, clearly violates their rights under Israeli
and international law. Worse still, it's being done
solely for Jewish development, showing contempt for
Arab citizens, violating basic human rights and
freedoms. Jewish Hiran will replace Umm al-Hieran.
Al-Araqib will be demolished for Givot Barr. In
addition, individual Jewish settlements are being
approved, some in violation of planning policy. For
example, in July 2010, a Negev Development Authority
Law amendment passed, recognizing Negev Jewish
settlers, master plans for them to follow. As a
result, Bedouin rights will be trashed, fundamental
laws violated, even though as Dr. Sandy Kedar
explains: Negev Bedouins are a recognized
indigenous minority, their historical existence and
presence predating Israel's existence. Their land and
property rights are indisputable. Israel's Basic Law
affirms them, requiring authorities to protect them as
well as other basic rights. Israel's Or Commission,
established in October 2000, recommended that Bedouin
villages be recognized and developed, saying: "The land conflict has existed
since the first days of the state....The Arab public
strongly supports and identifies with the Bedouin's
stance." Though Israeli citizens, their "villages are
not recognized (and) have not been provided with
infrastructure and services....The vast majority of
residents of the unrecognized villages were required
to move to a number of central towns that were planned
for them....Several public associations have formed
to" protect them." They deserve equitable conflict
resolution. In 2007, Israel's Housing and
Construction minister appointed the Goldberg Committee
to resolve this issue. On November 11, 2008, the
Committee recommended that all Negev Bedouin villages
be recognized. In addition, Bedouin citizens should be
granted land ownership rights. On January 18, 2009, authorities
then approved Decision No. 4411, deciding that it
"regards the outline proposed by the committee as a
basis for resolving the settlement of the Bedouin in
the Negev." Then, in June 2010, the "Investigator's
Recommendations Regarding the Objections to District
Master Plan 23-1404 - A Partial District Master Plan
for the Beersheva Metropolitan Area" was published. It
also recommended recognition. In July 2010, the UN Human Rights
Committee (HRC) issued its "Concluding Observations"
on Israel's third periodic report, expressing concern
about home demolitions and forced evictions. HRC
called on Israel to respect Bedouin rights to their
land and agricultural livelihoods on it. The UN CERD Committee,
responsible for monitoring the state's implementation
of the International Convention on the Elimination of
All Forms of Racial Discrimination expressed concern
in June 2007 over Israeli violations, saying Bedouin
village and land rights must be recognized. In 2005, the UN CEDAW Committee,
responsible for monitoring states' implementation of
the International Convention on the Elimination of All
Forms of Discrimination Against Women expressed
outrage over how Bedouin women were being treated. In 2002, the UN CAT Committee,
responsible for monitoring the state's implementation
of the International Convention Against Torture (CAT),
determined that Israel's home demolition and
displacement policy constituted, in some cases, cruel,
inhuman and degrading punishment, violating the
statute. Adalah attorney Sawsan Zaher
asked the above addressed officials to halt their
aggressive policies, replacing them with constructive
dialogue for acceptable solutions. International and
Israeli law demand it. As in the past on all
Jewish/Muslim issues, they were unresponsive. As a
result, Israeli lawlessness continues relentlessly,
the rule of law a non-starter, Bedouin Arab citizens
victimized like other Israeli Arabs and Occupied
Palestinians, justice for them still denied. Stephen Lendman lives in
Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and
listen to cutting-edge discussions with distinguished
guests on the Progressive Radio News Hour on the
Progressive Radio Network Thursdays at 10AM US Central
time and Saturdays and Sundays at noon. All programs
are archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/. Comments 💬 التعليقات |