39 percent of the land held by Israeli settlements in the occupied West Bank is privately owned by Palestinians
http://www.nytimes.com/2006/11/21/world/middleeast/21land.html?_r=1&th&emc=th&oref=sloginNovember 21, 2006
Israeli Map Says West Bank Posts Sit on Arab Land
By STEVEN ERLANGER
JERUSALEM, Nov. 20 — An Israeli advocacy group, using maps and figures leaked from inside the government, says that 39 percent of the land held by Israeli settlements in the occupied West Bank is privately owned by Palestinians.
Israel has long asserted that it fully respects Palestinian private property in the West Bank and only takes land there legally or, for security reasons, temporarily.
If big sections of those settlements are indeed privately held Palestinian land, that is bound to create embarrassment for Israel and further complicate the already distant prospect of a negotiated peace. The data indicate that 40 percent of the land that Israel plans to keep in any future deal with the Palestinians is private.
The new claims regarding Palestinian property are said to come from the 2004 database of the Civil Administration, which controls the civilian aspects of Israel’s presence in the West Bank. Peace Now, an Israeli group that advocates Palestinian self-determination in the West Bank and Gaza Strip, plans to publish the information on Tuesday. An advance copy was made available to The New York Times.
The data — maps that show the government’s registry of the land by category — was given to Peace Now by someone who obtained it from an official inside the Civil Administration. The Times spoke to the person who received it from the Civil Administration official and agreed not to identify him because of the delicate nature of the material.
That person, who has frequent contact with the Civil Administration, said he and the official wanted to expose what they consider to be wide-scale violations of private Palestinian property rights by the government and settlers. The government has refused to give the material directly to Peace Now, which requested it under Israel’s freedom of information law.
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The definitions of private and state land are complicated, given different administrations of the West Bank going back to the Ottoman Empire, the British mandate, Jordan and now Israel. During the Ottoman Empire, only small areas of the West Bank were registered to specific owners, and often villagers would hold land in common to avoid taxes. The British began a more formal land registry based on land use, taxation or house ownership that continued through the Jordanian period.
Large areas of agricultural land are registered as state land; other areas were requisitioned or seized by the Israeli military after 1967 for security purposes, but such requisitions are meant to be temporary and must be renewed, and do not change the legal ownership of the land, Mr. Dror, the Civil Administration spokesman, said.
But the issue of property is one that Israeli officials are familiar with, even if the percentages here may come as a surprise and may be challenged after the publication of the report.
Asked about Israeli seizure of private Palestinian land in an interview with The Times last summer, before these figures were available, Prime Minister Ehud Olmert said: “Now I don’t deny anything, I don’t ignore anything. I’m just ready to sit down and talk. And resolve it. And resolve it in a generous manner for all sides.”
He said the 1967 war was a one of self-defense. Later, he said: “Many things happened. Life is not frozen. Things occur. So many things happened, and as a result of this many innocent individuals on both sides suffered, were killed, lost their lives, became crippled for life, lost their family members, their loved ones, thousands of them. And also private property suffered. By the way, on all sides.”
Mr. Olmert says Israel will keep some 10 percent of the occupied West Bank, including East Jerusalem, possibly in a swap for land elsewhere. The area Israel intends to keep is roughly marked by the route of the unfinished separation barrier, which cuts through the West Bank and is intended, Israel says, to stop suicide bombers. Mr. Olmert, however, describes it as a putative border. Nearly 80,000 Jews live in settlements beyond the route of the barrier, but some 180,000 live in settlements within the barrier, while another 200,000 live in East Jerusalem.
But these land-ownership figures show that even in the settlements that Israel intends to keep, there will be a considerable problem of restitution that goes beyond the issue of refugee return.
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