Land
Confiscation
Introduction
47
development in the Palestinian neighborhoods of the city, the Local
Outline Plan does not plan for enough housing units in the Palestinian
areas to sufficiently address current shortfalls or accommodate the
projected growth in population. Further, the master plan identifies
maintaining a solid Jewish majority in the city as one of its main aims
and adds 5 square kilometers for the expansion of Israeli settlements
in East Jerusalem. This policy of demographic balance, a stated aim
of official municipal planning documents, is discriminatory and thus
violates human rights law.182
Confiscation for Public Purposes
After the annexation of East Jerusalem in 1967, Israel began to confiscate
land under the pretext of using it for ‘public purposes’.183 The 1943 Land
(Acquisition for Public Purposes) Ordinance and its relevant amendments are
key to this practice. This Ordinance is seen by many as “the main general land
expropriation law in force in Israel today”.184 BADIL and COHRE note that by
1999, approximately 24,500 dunums (24.5 km2) of land in and around Jerusalem
was expropriated using the above ordinance, most of which was privately owned
Palestinian lands.185
The Ordinance is a mandate-era law authorizing the Finance Minister to deem
tracts of land confiscated under the guise of ‘public purpose’. A previous Supreme
Court ruling had once allowed that if land, which was initially confiscated for a
particular purpose was not being used for that particular purpose, the affected
landowner might seek to reclaim that land. However, a 2010 amendment to the
law was enacted authorizing the State not to use the land for the original purpose
for a period of 17 years should they wish. Further, landowners are prevented
from seeking reclamation of the land if it was passed to a third party or was
confiscated for over 25 years.186
182 Raquel Rolnik, Report of the Special Rapporteur on Adequate Housing as a Component of
the Right to an Adequate Standard of Living, and on the Right to Non-discrimination in This
Context (December 24, 2012), 11–12; available from http://reliefweb.int/sites/reliefweb.int/files/
resources/A-HRC-22-46_Add1_en.pdf.
183 Rolnik, Report of the Special Rapporteur on Adequate Housing as a Component of the Right to an
Adequate Standard of Living, and on the Right to Non-discrimination in This Context, 57.
184 See for example, Alexandre Kedar, Israeli Law and the Redemption of Arab Land, 1948-1969 (1996),
155.
185 BADIL and COHRE, Ruling Palestine, 132.
186 Adalah, Inequality Report: The Palestinian Arab Minority in Israel (February 2011), 23–24; available
from http://adalah.org/upfiles/Christian%20Aid%20Report%20December%202010%20FINAL(1).pdf.
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