The Fate of Decolonized Land in the Gaza Strip and Northern West Bank

Israel has dismantled all of its colonies and redeployed Israeli military forces from the Gaza Strip, but it still controls the land borders, coastal waters, and airspace over Gaza as well as the construction of essential infrastructure (e.g., sea and air ports). The Strip thus remains occupied. Several colonies in the northern West Bank were also evacuated. For the first time Palestinians are confronted with having to deal with restitution of land expropriated to build Jewish colonies in the OPTs in contravention of international law.

The 17 Jewish colonies, related roads and military installations established since 1967 covered some 15 per cent of the total area of the Gaza Strip or 55 km2. The bulk of this land is situated in the southern part of the Strip. Some 7,300 illegal Jewish settlers lived in these areas until they were removed this summer. Another 4 colonies and 500 settlers in the northern West Bank near Jenin were also evacuated.

From a development perspective, the land evacuated by Israel, in the Gaza Strip in particular, will make it possible to improve the lives of Palestinians, including the creation of public spaces, preservation of historic sites, economic opportunities, and construction of new housing.

Not all of these areas, however, may be available for public use. While some of the land may have been classified as public land before Israel occupied the Gaza Strip in 1967, Palestinians did hold private title to some of the land. These lands will be subject to a restitution process now being set up by the Palestinian Authority.

In early 2005 the Palestinian Authority issued a Presidential Decree Regarding the Areas to be Evacuated by the Israeli Occupation Forces. The Palestinian Legislative Council is also considering a draft law for dealing with Palestinian land claims.

What kind of restitution mechanism?

According to the Presidential Decree and the draft law all areas evacuated by Israeli forces will be immediately placed under the control of the Palestinian Authority until their fate is decided in accordance with the effective laws. The draft law specifically states that this seizure of property, both movable and immovable, “shall be temporary” in nature.

The Presidential Decree and the draft law propose slightly different mechanisms for handling land claims. The Decree establishes a committee comprised of the head of the Land Authority, Minister of Interior and Public Security, Minister of Finance, Minister of Public Works and Housing and the governor in each area to receive and decide claims.

The draft law, however, empowers the Council of Ministers to establish one or more committees to examine individual land claims in Gaza and those areas evacuated in the northern West Bank. Like the Presidential Decree, persons submitting claims must include supporting evidence and documents. Decisions by the committee/s are to be made by majority vote.

Individuals who receive a negative decision, however, may launch an appeal within 7 days to one or more courts established under the draft law. The court/s are to be comprised of a magistrate from Gaza and Jenin. Claims must be resolved within 15 days after submission to the court/s. The draft law further specifies that the court’s rulings shall been forced by competent parties promptly and without delay.

Who can submit what type of claims?

All persons claiming to have a right in movable and immovable assets may submit a claim for restitution, except persons who acquired land through illegal means. Just prior to the Gaza redeployment, for example, persons acting on behalf of Jewish settlement organizations attempted to purchase land from Palestinians through false means. (“Settler Land Scam Results in injury of 11 Palestinian civilians,” Press Release, Palestinian Centre for Human Rights, 6 July 2005)

The draft law clearly states that “Any agreement or contract or form of disposition made between the Israeli occupation authority or by any person affiliated with it and any citizen be fore this Law takes effect on any property or estates under this Law shall be held void and null.” However, the draft law also empowers the Ministry of Planning, in coordination with concerned ministries and entities, to appropriate private immovable property for public purposes compatible with the Palestinian development plan.

The new Principles on Housing and Property Restitution for Refugees and Displaced Persons can provide additional guidance to Palestinian officials setting up the restitution process in the Gaza Strip. This includes elaboration of relevant principles; legal, policy, procedural and institutional implementation mechanisms, and the role of the international community and international organizations.