Responding to a petition filed by the Regavim Movement, Israel’s High Court of Justice (HCJ) issued a preliminary injunction against Defense Minister Benny Gantz, who has refused to repeal the Jordanian law still in force in Judea and Samaria prohibiting the sale of land to Jews – despite the recommendations of previous ministers and Ministry of Defense professional and legal advisers.
Today (Tuesday) the High Court of Justice handed down a preliminary injunction requiring the government to submit, within 60 days, a defense of its continued enforcement of Jordanian Law #40 which prohibits the sale of land in Judea and Samaria to Jews. This law, passed in the 1950s during the Jordanian occupation, remains in force to this very day.
Among the many restrictions that apply exclusively to Jews and limit their ability to purchase land in Judea and Samaria, this is perhaps the most egregious – but it is certainly in not alone: Jews, and only Jews, are denied access to the Land Registry for this region, unlike any other area under Israeli jurisdiction, where land deeds and property titles can be obtained with the click of a mouse and downloaded from the government’s website. Likewise, Jews – and only Jews – are required to obtain approval of any property transactions (even when both the buyer and seller are Jews) in Judea and Samaria; Jews alone are subject to a staggering array of military orders that obstruct the use of land. – and the list goes on and on.
Since the liberation of Judea and Samaria in 1967 from Jordanian occupation (which was almost universally rejected and condemned by the international community), land purchases for settlement by Jews were carried out according to extremely convoluted work-around procedures designed to evade the problem rather than solve it: Corporations were registered as legal entities in Judea and Samaria, for the purpose of circumventing the prohibition against sale of property to Jewish individuals , thus avoiding “the Jewish problem.” Aside from the inherent racism of this arrangement, the work-around “solution” has posed a major obstacle to the development of Judea and Samaria, and a major violation of Jews’ fundamental rights.
In late 2018, the Ministry of Defense’s legal counsel and professional staff initiated an examination of Jordanian Law #40 and the regulations that require Jews to receive special permits for property transactions, with an eye toward their repeal.
The conclusions of this examination, reflected in a policy recommendation that took shape in the final months of Minister Avigdor Lieberman’s tenure, were finalized during the tenures of Netanyahu and Naftali Bennet who succeeded Lieberman at the helm of the Defense Ministry. They recommended the repeal of the restrictions that prohibit Jews from purchasing land, as well as a very significant easing of requirements for special land – transaction permits.
Regavim petitioned the High Court of Justice when the current Minister of Defense, Benny Gantz, announced that he does not intend to repeal Law #40 – despite the recommendations of the Ministry of Defense professionals and his predecessors, Netanyahu and Bennett.
Justices Hendel, Groskopf and Shochat today issued a preliminary order against Defense Minister Gantz, and required him to present his arguments against the repeal of the law within 60 days.
The Regavim Movement welcomed the news of the newly-issued order. Attorney Boaz Arzi said, “Our petition asked an obvious question: How is it possible in Judea and Samaria, of all the places in the world, a racist law still prohibits Jews from buying property? The High Court of Justice has demanded that the government explain why this law is still on the books, and why it is still enforced.”
KKL tree-planting on state land, before it was stopped
Following the decision to suspend the KKL forestation project in southern Israel, the Regavim Movement decried the government’s capitulation, charging this decision as continued “protection payments” to Mansour Abbas that make the next round of violence and domestic terrorism inevitable.
The Raam Party and the Bedouin know full well that they can dictate to the government through the use of political pressure, strongarm tactics and violence. When you cave in to terrorism and blackmail, you invite the next round of violence. Prime Minister Bennett and Interior Minister Shaked have repeatedly asked that the “government of change” be judged by actions, not words. Today, the government’s decision to surrender to terrorism and to suspend the planting project is a an action that speaks louder than words. The words we’re hearing are Ayelet Shaked’s – but the tune the government is dancing to is being sung by Mansour Abbas.
?? Regavim's Naomi Kahn spoke to @kan_english about the government's capitulation over the KKL tree-planting project. Listen now >> https://t.co/pkmhPpcrET
IsraelNational News – Arutz Sheva travelled to Southern Israel with Regavim to witness up close what many call “loss of governance in the Negev,” and to find out whether construction of the three communities the government is planning for the Bedouins will solve the problem or make it worse.
“We must understand that this is a national issue – there is an illegal community spread out over hundreds of thousands of dunams, and the State of Israel should be looking decades into the future, not only at the here and now,” says Avraham Binyamin, Head of Policy, Regavim.
Looking at the ground from an aerial view, there is a clear picture of the dispersed tents and the villages.
“You can see it’s a huge swath of land, everything you see is illegal,” says Evyatar David, Regavim Southern Region Field Coordinator. “There is a tremendous amount of squatters on a vast stretch of land. No planning, no regulation, and no solution from the government for this matter.”
Israel has tried to create a solution for the Bedouins in the past, and in the late 1960s, it established cities for the Bedouin population to provide an adequate response to their needs. But, according to Regavim, that didn’t really work.
“Between 1966 and 1970, the State established seven cities, in the Bedouin area – within the ‘Sayeg’ Triangle, and told the Bedouins, come live in the cities we’ve built for you,” David says. “The Bedouins refused to enter, because under Bedouin law and Bedouin practice, if the father, grandfather and son used a particular piece of land, that land belongs to them.”
Meir Deutsch, CEO, Regavim, explains that the urban construction plan created by the State of Israel for construction of residential units can house 35,000 residents.
“In actuality, there are 12,000 residents living in Lakiya today. Why? Because most of the land in Lakiya is under claim of ownership,” Deutsch says. “The only person who decides what happens in claimed land is the person claiming it. No one else can decide what happens with that land, not the court, not the police.”
He adds: “The only homes you do see are those of people claiming ownership. Either the person claiming ownership, or their children or someone they sold to.”
These claims are far beyond logistic or legal issues. The war over ownership can escalate into violence and murder.
“Almost half the Bedouin population still live in scattered clusters, and the government wants them to consolidate within the villages and cities,” Deutsch explains. “But the Bedouin says: I can’t come live here, I will be killed.”
David notes that nobody comes in to the seven cities established for the Bedouins “because there’s an ownership claim, from a clan claiming that this land belongs to it.”
“Anyone who comes here will be shot in the head. So the government provided a solution that is irrelevant and inapplicable,” he says.
The result is that land allocated by the government, and prepared for residential construction, is empty.
“We can see the spread, and the empty fields, which are actually pieces of land on which there are claims of ownership,” David says.
He points to a neighborhood built by the government for the Bedouin community – “but it too is under claim, so no one goes to live there.”
There is an entire neighborhood in Lakiya that was developed.
David explains: “There are plots ready for construction, pillars, electricity and water, but no one will come because there is a claim of ownership. A person or family or Bedouin clan who claim the land belongs to them, and nobody can live here. Because whenever it is their land, no matter what the government says and the State claims, or what the government develops, ultimately the rules of the south are what matter.”
Other than residential issues and the takeover of the land in the Negev, Regavim also warn of internal processes that are unfolding within the Bedouin population. They emphasize that the government is unaware of the situation on the ground, and there is no law or justice at the moment.
“There are two components of Palestinization that are gaining momentum within Bedouin society,” Binyamin says. “One is related to polygamy, with women who are imported, there is trafficking of women coming in from the Gaza strip and from Judea and Samaria, and in fact we have dozens of percentages of Palestinian women and their offspring in the Negev Bedouin society, and that inevitably affects the values that society absorbs. The security services also tell us that the majority of Bedouin citizens involved in terrorist attacks are those connected to Bedouins from Judea and Samaria or Gaza, through these second and third wives.”
He adds: “In addition, Bedouin society has also been infiltrated and influenced by the Islamic Movement, the southern stream, which is connected to Ra’am, as well as the Northern, with teachers coming from the northern stream, which has already been declared illegal, teaching and imbibing these values.”
Noting that Bedouin society used to be a society of nomads, Binyamin says that it is “becoming increasingly nationalistic and Palestinianized, and that is also manifest in the huge decline in enlistment numbers, which today are negligible, nearly nonexistent.”
As Israel National News – Arutz Sheva reported, the government approved the construction of three Bedouin villages. According to the decision, the villages will be built only if 70 percent of the scattered Bedouin communities commit to leaving the land on which they are squatting and moving into them.
Noting that Bedouin society used to be a society of nomads, Binyamin says that it is “becoming increasingly nationalistic and Palestinianized, and that is also manifest in the huge decline in enlistment numbers, which today are negligible, nearly nonexistent.”
As Israel National News – Arutz Sheva reported, the government approved the construction of three Bedouin villages. According to the decision, the villages will be built only if 70 percent of the scattered Bedouin communities commit to leaving the land on which they are squatting and moving into them.
Regavim supports this decision, but demands that past mistakes not be repeated.
“We can build the villages, that’s fine, it’s the right thing to build them, provided the land the squatters are on goes back to the government in the end,” Deutsch says.
The problem, according to Deutsch, is how to include this stipulation as a condition in the government’s decision.
“We have to identify the entire population that is supposed to relocate into each village. We have to clearly define the size of the new town, where it will be, how large. We have to get the agreement of the citizens in the scattered Bedouin communities. Before they are a licensed town, they have to sign, 70 percent of them have to sign on their commitment to relocate to the permanent village. Naturally, there will be a small percentage that won’t, and the state will have to force them to relocate, and clearly in such a situation where the majority, 80 or even 70 percent come willingly, the government can handle the remaining 30 percent.”
He explains that establishing the three villages is “not the ideal situation.”
“The ideal situation is a map of the Negev for fifty years from now, that defines where the international airport is and where the trains go, where there are highways and cities and agriculture, and open areas,” Deutsch says. “Once you have that, you can decide where the Bedouin villages will be 50 years from now, and based on that, determine where to establish new communities now.”
While he says that “I don’t trust this government simply because it’s hard to trust someone who’s broken a promise,” he is willing to wait and judge them by their results.
“This government has asked us to judge them by actions, not words, so we will be judging them on that,” he says.
“It reflects what we’d like to share with every citizen of Israel: Right under our noses, there’s a state within a state growing in the Negev,” Binyamin says. “We also point out the major problematic incidents that have plagued the Negev, which we find out about sporadically. We illustrate the problems and flaws in national planning over the years, as the State attempted to solve the problems, and of course we present our vision for the future, because ultimately, without a vision, there is anarchy, and we try to address this larger need, in order to solve the problems of the Negev.”
The start of a new year gives us a unique opportunity to thank you for your support, encouragement and partnership.
This past year presented a new set of challenges. Lockdowns and social distancing, along with a volatile and exceptionally challenging political environment, forced us to find new, creative solutions in order to continue our important work. Despite it all, we are gratified by the progress we have made and the successes we have had in our fight to protect our national resources.
With your help, we protected our brothers and sisters in Lod and other mixed cities.
Our meticulously researched and carefully crafted strategic plan for the protection of state land in Area C and the Negev has taken center stage in the public discourse.
We blocked political deals that would have spelled disaster for the Negev.
We helped strengthen and empower regional land protection departments.
We successfully blocked highly polluting projects, and more.
All of our activities sent one message, loud and clear: The land of our forefathers – and of our children and grandchildren – is a good and beautiful land.
Throughout the year, and particularly at this time of year, we at Regavim share our success and our vision for the future with you, the partners who make our continued efforts possible. With your help and the help of the Almighty,we look forward to redoubling our efforts and achieving even more in the year ahead.
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Our newest report, tracking the Palestinian Authority’s use of illegal schools as a tactic of annexation, has been presented to the government, and will be available in English soon.
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Here’s a recent Israel Broadcasting Corp. video about the Negev, the 7th in a series already seen by thousands of Israelis:
If you were asked to name a country where there is still a law in force that prohibits Jews from buying property, you might be tempted to make an educated guess based on the dark history of Europe and the long tradition of expulsion and persecution that was facilitated by anti-Jewish legislation over centuries. Places like Germany, England and France might spring to mind; Spain and Portugal might be in the running as well.
You probably wouldn’t guess that today, in the year 2021, a law is enforced by the State of Israel that prohibits Jews from purchasing privately owned property — but that is the sad and shocking truth. Law 40, enacted in 1953 by the Jordanians during their illegal annexation of Judea and Samaria, prohibits the purchase of privately owned land by non-Arabs, as well as the sale of privately owned land to non-Arabs (in other words, Jews). Not only is Law 40 still “on the books,” but it is actively enforced to this very day by the State of Israel’s legislative, judicial and security branches.
In a very real and undeniable sense, this legislation is, quite simply, racist. It is blatantly anti-Semitic. It is regressive, and an affront to the concepts of personal liberty, equality and property rights upon which democracy is based. Laws of this kind would not be allowed to stand anywhere in the civilized world, and it is nothing short of outrageous that the Jewish state has allowed this discriminatory and regressive legislation to remain in force in a judicial system that champions individual rights.
How, then, have Jews purchased property over the past 53 years? In 1971, the Military Commander for Judea and Samaria issued a “work-around” directive, by changing the Jordanian law that pertains to corporate ownership, while leaving Law 40 untouched. Thus, companies registered in Judea and Samaria — even if they are owned by Jews — are now permitted to purchase property in Judea and Samaria. Rather than strike down Law 40, the Israeli government has left it in place and designed a method of circumventing it.
Why, you may well ask? Why should this be necessary? Simply put, the State of Israel has spent decades avoiding any action that might be construed as an act of sovereignty in Judea and Samaria. It has bent itself into contorted legal positions in order to avoid fulfilling its most basic responsibilities to Israeli citizens and to the security of the State of Israel. It has procrastinated to the point of absurdity, creating a vacuum of governance and a black hole of law and order that continues to turn normal life — for Jewish and Palestinian residents of “Area C” alike — into a tangled bureaucratic nightmare.
The legal departments of both Israel’s Ministry of Defense and Civil Administration have recommended additional methods of circumventing or even amending Law 40. The Regavim Movement, on the other hand, has petitioned the High Court of Justice to strike down this racist legislation altogether, and to expunge this anti-Semitic vestige from the Israeli legal code. Striking down Law 40 is a statement of Israel’s commitment to equal and universal rights under the law — a statement that is long overdue.
