neighborhood of Jaffa, into properties owned by Palestinians who had fled
during the War.77 This population, therefore, qualify as internally displaced
persons (IDPs) since their displacement was forced and within the borders of
the newly created state.
Almost all of the lands, buildings, homes, factories, farms and religious sites
belonging to refugees or internally displaced Palestinians from Jaffa were
placed under Israeli control to be eventually privatized through several transfer
stages. First, the properties were transferred to the Custodian of Absentee
Property; later they became Israeli ‘state lands’ under the systematic land
laws and polices enacted since the 1950s;78 then they were transferred to
Israeli quasi-governmental organizations, and finally, to private individuals or
companies.
The transfer of ownership of property and lands from refugees and IDPs to
the state of Israel is illegal according to customary IHL and human rights law,
including refugee law. Despite this prohibition, Israel transferred ownership of
Jaffa properties originally belonging to Palestinian refugees and IDPs to itself,
and conferred their administration to Israeli government-owned companies
such as Amidar79 and Halamish.80 The vast majority of Jaffa property, housing
as well as other real estate, fell into the hands of the government and quasigovernmental companies like those aforementioned.81 These companies
continue to play a crucial role in selling land and properties, mainly through
auctions. They also have an intricate role in implementing coercive policies
that pressure Palestinians to leave Jaffa.82
77 Sami Abu Shehadeh and Fadi Shbaytah, “Jaffa: From Eminence to Ethnic Cleansing,” Al-Majdal
39, no. 40, (Autumn 2008): 9, available at: http://www.badil.org/phocadownload/Badil_docs/
publications/al-majdal-39-40.pdf [accessed 19 September 2017] [hereinafter Abu Shehadeh and
Shbaytah, “Jaffa”].
78 Ibid.
79 Amidar was founded in 1949, a year after the Palestinian Nakba or establishment of Israel. It is the
national Israeli company jointly owned by the Jewish Agency, the Jewish National Fund, and the Israeli
government. The organization manages all public housing (Abu Shehadeh and Shbaytah, “Jaffa”, 13,
supra note 77).
80 “Halamish was founded in 1961 and is jointly owned by the Israeli government and the Tel AvivJaffa Municipality. The state lent Halamish some funds to get started, with which it bought land and
apartments.” (Orly Vilnai, “Public Housing Company Halamish May Sell Off Assets to Pay NIS 100
Million Debt to Treasury” Haaretz, 7 February 2012).
81 Nezar Al Sayyed, Consuming Tradition, Manufacturing Heritage (New York: Routledge, 2001), 254.
82 Jonathan Cook, “Jaffa ‘renewal plan’ aims at eviction,” The National, September 2008, available
at: http://www.jonathan-cook.net/2008-09-15/affa-renewal-plan-aims-at-eviction/ [accessed 19
September 2017].
33
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