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chapter two
lands appropriated under The Absentee Property Law (1950).110 Severely
criticized by both Arab and Jewish voices and Members of Knesset, the
law was seen to grant broad executive powers to the Custodian without
effective monitoring. As Tawfik Toubi, then Communist Party Member of
Israel’s first Knesset and one of the first to propose the formula for Israel as
‘a state of all its citizens’, states:
This law is a symbol, it is an expression of the discrimination practiced
against the Arabs of this country …. By virtue of the provisions of this law,
thousands of the Arab inhabitants of Israel are regarded as ‘absentees’
although they are citizens of the country. They are deprived of their rights to
the use of their property. The custodian, with the help of the [Absentee
Property Law] … of course, is stripping them of their rights as citizens. This
law does not allow them to enjoy their rights to their land and their homes
and they are quite unjustifiably regarded as ‘absentees’ …. The real assignment of the honourable custodian is to steal more and more [land] (Jiryis
1976, 87).
All in all, land and property laws work in conjunction with a series of other
Israeli laws that favour the Jewish population over the Arab citizens of the
state. By now it is well documented that one of the methods employed by
the state to deprive Palestinians of their land is to turn it into state land
that is maintained by Jewish national and regional planning groups.111 In
1960–1961, The Basic Law: Israel Lands, The Israel Lands Law and The Israel
Lands Administration Law was formulated on behalf of the government of
Israel to formalize its land regime so that the land controlled by the JNF
would now be administered by a single authority, the ILA. Here it was
agreed that “the lands controlled by the ILA shall be administered according to the principles of the JNF,” and the objective of purchasing and
developing land as a national resource of the Jewish people, by the Jewish
people, and for the Jewish people.112 As such, the ILA is forbidden from
selling or leasing the land to non-Jews. This extra-territorialization of the
land places it beyond the control of the government, rendering it inaccessible to all Arab citizens. Thus, while, prior to 1948, members of the
Palestinian-Arab community owned and/or cultivated some 93–94 percent of the land in geographical Palestine, today, 93 percent of the territory
of Israel is under direct control of the state. This land is administered
110 COHRE and Badil, Ruling Palestine, 41.
111 See Lustick (1980); COHRE and Badil, Ruling Palestine; Stein (1984); Zayyad (1976);
and Kimmerling (1983), among others.
112 Lehn and Davis 1988, 116. See also COHRE and Badil, Ruling Palestine.
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