Successfully reported this slideshow.
Robert A. Simons, Ph.D.  Professor, Cleveland State University     Lady Davis Scholar, Technion         r.simons@csuohio.e...
WHY STUDY TRIBAL LAND CLAIMS? INDIGENOUS/TRIBAL LAND ISSUES ARE OF KEEN IMPORTANCE    IN A POST COLONIAL ENVIRONMENT, AS ...
PERTINENT LITERATURE WALKER’S BOOK LANDMARKED ON SOUTH AFRICAN  LAND CLAIMS GHYOOT’S ARTICLE ON SOUTH AFRICAN LAND  REST...
OVERVIEW:BEDOUIN TRIBAL LAND CLAIMS WHY STUDY THE BEDOUIN? PERTINENT LITERATURE THE BEDOUIN SITUATION IN ISRAEL SELECT...
WHY STUDY THE BEDOUIN? I WAS ON SABBATICAL IN ISRAEL IN AY 2010-11.  PART TIME AT TECHNION. CENTRAL LOCATION BEDOUIN ARE...
THE BEDOUIN SITUATION IN ISRAEL AFTER THE 1948 WAR THAT CREATED THE STATE OF    ISRAEL, ONLY ABOUT 11,000 BEDOUIN REMAINE...
THE BEDOUIN SITUATION IN ISRAEL,             CONT.   MAIN ISSUES LAND OWNERSHIP CLAIMS FROM BEFORE 1948 LAND USE CLAIMS ...
SELECTION OF EVALUATION CRITERIA: FOCUS LAND OWNERSHIP CLAIM,    ON QUANTIFIABLE ECONOMIC FACTORS     TYPES OF RIGHTS (A...
SELECTION OF COMPARATIVE COUNTRIES MUST HAVE COLLECTIVE OR INDIVIDUAL LAND  CLAIMS ISSUES COLONIAL BACKGROUND = LEGAL SY...
SOUTH AFRICA LAND CLAIMS COMMISSION SET UP @1994 TO RETURN LAND  TAKEN UNDER APARTHEID SUCH AS GROUP AREAS ACT (1950)  SE...
CYPRUS @1974 AFTER POLITICAL MOVES TO JOIN WITH GREECE,  NORTHERN 1/3 OF CYPRUS OCCUPIED BY TURKS . GREEKS IN  NORTH WENT...
AUSTRALIA ABORIGINES COMPRISE @3% OF POPULATION. CLAIM    TRADITIONAL LANDS MOSTLY IN NORTH AND    CENTRAL. PAST GOVERNME...
NEW ZEALAND MAORI ABOUT 9% OF POPULATION. TREATY OF    WAITANGI @1845 OPERATIVE. TRIBAL LEVEL    CLAIMS. UPDATED 1975 ACT...
ARMENIA:          NAGORNO-KARABAKH NAGORNO KARABAKH IS ETHNIC ARMENIAN  ENCLAVE IN AZERBIAJAN. LEADERS’ HOME 1991 USSR C...
INDIA INDIA HAS 8% OF POPULATION IN SCHEDULED TRIBES    RESIDING MOSTLY IN FOREST LANDS IN AND NEAR MADHYA    PRADESH STA...
CANADA FIRST NATIONS - SPECIFIC AND COMPREHENSIVE CLAIMS  BEFORE THE CANADIAN INDIAN CLAIMS COMMISSION PRINCIPLE: EXISTI...
ISRAELI BEDOUIN ONGOING NATIONAL ISSUE. 2007 GOLDBERG REPORT FOCUS    ON COMPREHENSIVE SOLUTION, INCLUDING RESETTLEMENT ...
CONCLUSION: COMPARING THE ISRAELI       BEDOUIN EXPERIENCE THE 20-30% ISRAELI BEDOUIN INDIVIDUAL  HOUSEHOLD LAND DEAL IS ...
WHAT ‘S NOT STUDIED           AND FUTURE RESEARCH DID NOT EXAMINE SOCIAL ISSUES OR FAIRNESS NOT LOOKING AT ETHICS OF RES...
THANKS, ANY QUESTIONS? ROBERT SIMONS R.SIMONS@CSUOHIO.EDU
Upcoming SlideShare
Loading in …5
×

Contributing Researcher: Recovery of Collective Land Claims - An International Comparative Case Study of the Negev Bedouin in Israel - ACSP 2011

448 views

Published on

Published in: News & Politics
  • Be the first to comment

  • Be the first to like this

Contributing Researcher: Recovery of Collective Land Claims - An International Comparative Case Study of the Negev Bedouin in Israel - ACSP 2011

  1. 1. Robert A. Simons, Ph.D. Professor, Cleveland State University Lady Davis Scholar, Technion r.simons@csuohio.edu andDan Berkowitz, Planning Student, Technion Lior Glick, Planning Student, TechnionNir Ben Simon, Planning Student, Technion And Anil Kashyap, Senior Lecturer University of Ulster
  2. 2. WHY STUDY TRIBAL LAND CLAIMS? INDIGENOUS/TRIBAL LAND ISSUES ARE OF KEEN IMPORTANCE IN A POST COLONIAL ENVIRONMENT, AS LAND USE REVERTS TO EARLIER OWNERSHIP OR COMPENSATION IS AWARDED CLAIMS MAY BE AGAINST OTHER TRIBES, GOVERNMENT, THOSE OUTSIDERS IN POSSESSION, OR A COMBINATION OF THESE CLAN- LEVEL/NATION-LEVEL CLAIMS MAY ALSO BE CONSIDERED FOCUS ON BEDOUIN CLAIMS IN ISRAEL WITH ISRAELI GOVERNMENT FOR THIS RESEARCH, COMPARING WITH SEVERAL OTHER (TYPICALLY FORMERLY BRITISH) COUNTRIES WITH TRIBAL LAND CLAIMS ISSUES CONCLUSION: ON THE ITEMS CONSIDERED, SYSTEM OF CLAIM VALUE AND THE “DEAL” OFFERED BY THE ISRAELI GOVERNMENT TO BEDOUIN CLAIMANTS IS IN LINE WITH THE EXPERIENCE OF OTHER COUNTRIES
  3. 3. PERTINENT LITERATURE WALKER’S BOOK LANDMARKED ON SOUTH AFRICAN LAND CLAIMS GHYOOT’S ARTICLE ON SOUTH AFRICAN LAND RESTITUTION VALUATION ISRAELI BEDOUIN AND RELATED ISSUES  KARK’S BOOKS AND ARTICLES WITH CO-AUTHORS ON ISRAEL BEDOUIN HISTORY  YAHEL’S ISRAELI DEPARTMENT OF JUSTICE ARTICLE ON BEDOUIN CLAIMS PROCESS  BERMAN-KISHONI ON BEDOUIN IN ISRAEL AND JORDAN  YIFTACHEL’S ISRAELI LAND POLITICS WORK SHEEHAN’S REPORTS ON AUSTRALIA AND NEW ZEALAND SIMONS AND PAI ON CANADIAN LAND CLAIMS INTERNET SOURCES ON CYPRUS, UN, ARMENIA, ISRAELI- PALESTINE CONFLICT, ETC.
  4. 4. OVERVIEW:BEDOUIN TRIBAL LAND CLAIMS WHY STUDY THE BEDOUIN? PERTINENT LITERATURE THE BEDOUIN SITUATION IN ISRAEL SELECTION OF EVALUATION CRITERIA SELECTION OF OTHER COUNTRIES BRIEF OVERVIEW OF EACH OF EACH COUNTRIES’ EXPERIENCE (INCLUDING BEDOUIN IN NEGEV) CONCLUSIONS ON OUTCOMES WHAT HAS NOT BEEN STUDIED, AND FUTURE RESEARCH
  5. 5. WHY STUDY THE BEDOUIN? I WAS ON SABBATICAL IN ISRAEL IN AY 2010-11. PART TIME AT TECHNION. CENTRAL LOCATION BEDOUIN ARE A SEMI-NOMADIC GROUP OF OVER 30 CLANS AND SUB-TRIBES, ALSO IN NEIGHBORING COUNTRIES, JORDAN, EGYPT, SAUDI ARABIA, LIBYA THEY OCCUPY LANDS IN ISRAEL PROPER, BOTH FORMALLY AND INFORMALLY, AND HAVE BOTH USE AND OWNERSHIP LAND CLAIMS THEY ARE ISRAELI CITIZENS, MUSLIMS, AND HAVE FAST GROWTH @5%/YEAR. PLANNING FOR THEIR FUTURE AND RESOLVING THEIR CLAIMS IS IMPORTANT BOTH FOR THEM AND FOR ISRAEL
  6. 6. THE BEDOUIN SITUATION IN ISRAEL AFTER THE 1948 WAR THAT CREATED THE STATE OF ISRAEL, ONLY ABOUT 11,000 BEDOUIN REMAINED IN ISRAEL OUT OF 65,000 BEFORE WAR NOW ABOUT 180,000 BEDOUIN IN ISRAEL ABOUT 20,000 IN THE NORTH (GALILEE AND JERUSALEM AREAS) ABOUT 100,000 IN LEGAL AND PLANNED COMMUNITIES IN THE SOUTHERN NEGEV DESERT, SOME WITH LAND OWNERSHIP CLAIMS ABOUT 60,000 LIVING INFORMALLY IN UNPLANNED AND ILLEGAL SETTLEMENTS, SOME WITH OWNERSHIP CLAIMS AND MOST WITH USE CLAIMS THEIR SOCIOECONOMIC PROFILE IS GENERALLY LOWER THAN THE ISRAELI AVERAGE
  7. 7. THE BEDOUIN SITUATION IN ISRAEL, CONT. MAIN ISSUES LAND OWNERSHIP CLAIMS FROM BEFORE 1948 LAND USE CLAIMS FOR THOSE OCCUPYING LAND OUTSIDE LEGALLY RECOGNIZED AREAS COMPARATIVE FAIRNESS OF ISRAELI PRACTICE AND DEALS TO FINANCIALLY RESOLVE BEDOUIN LAND CLAIMS SOCIOECONOMIC DISPARITY EQUITY OF MUSLIM MINORITY IN A JEWISH DOMINATED STATE PLANNING PROCESS AND OUTCOMES FOR MOVING THIS SEMI-NOMADIC POEPLE INTO LEGALLY RECOGNIZED AND SERVED COMMUNITIES
  8. 8. SELECTION OF EVALUATION CRITERIA: FOCUS LAND OWNERSHIP CLAIM,  ON QUANTIFIABLE ECONOMIC FACTORS TYPES OF RIGHTS (ALL, PLANNING, USE ONLY , MINERAL, ETC)  CRITERIA REQUIRED TO “PROVE” OWNERSHIP LAND USE RIGHTS, SEPARATE FROM OWNERSHIP RIGHTS  SQUATTER SETTLEMENTS, INFORMAL OCCUPATION  CRITERIA USED TO VALUE IMPROVEMENTS FOR USE CLAIM FORMAT OF COMPENSATION: SAME LAND, OTHER EQUIVALENT LAND, FINANCIAL COMPENSATION, APPRAISAL SCHEME OUTCOME MEASURES  % GOT ANYTHING,  % GOT MONEY, LAND OR COMBINATION SOME CLAIMS COLLECTIVE, OTHERS INDIVIDUAL APPLES AND ORANGES ISSUES OF COMPARABILITY
  9. 9. SELECTION OF COMPARATIVE COUNTRIES MUST HAVE COLLECTIVE OR INDIVIDUAL LAND CLAIMS ISSUES COLONIAL BACKGROUND = LEGAL SYSTEM (BRIT.) MUST HAVE AVAILABLE DATA, FAIRLY RECENT  SOUTH AFRICA – LAND CLAIMS COMMISSION  CYPRUS – GREEK/TURKISH SPLIT -ANNAN PLAN  AUSTRALIA – ABORIGINAL CLAIMS  NEW ZEALAND – MAORI  CANADA –FIRST NATIONS, FEDERAL  INDIA - SCHEDULED TRIBES -MADHYA PRADESH  ARMENIA – NAGORNO-KARABAKH
  10. 10. SOUTH AFRICA LAND CLAIMS COMMISSION SET UP @1994 TO RETURN LAND TAKEN UNDER APARTHEID SUCH AS GROUP AREAS ACT (1950) SEVERAL MILLION RELOCATED INDIVIDUAL AND GROUP CLAIMS FOR PRIOR USE AND OWNERSHIP ALLOWED, FLEXIBLE PROOF (ORAL TESTIMONY). RIGHTS CAN BE ASSIGNED TO HEIRS @79,700 CLAIMS FILED, 95% PROCESSED IN 15 YEARS. 85% OF CLAIMS URBAN. OVER 90% OF CASES SUCCESSFULL. 20% GOT ORIGINAL LAND, 26% GOT SOME LAND. 74% MONEY ONLY AVERAGE $1,900/PC (@13,000 RAND)CLAIM . SOME ECONOMIC DEVELOPMENT SOLUTIONS GOVERNMENT PAID CLAIMS, PRICE BASED ON MARKET VALUE ADJUSTED FOR LOOKUP TABLE AND WILLING BUYER-WILLING SELLER. NO FORCED RELOCATION. DCF NETTING OUT STATE SUBSIDY
  11. 11. CYPRUS @1974 AFTER POLITICAL MOVES TO JOIN WITH GREECE, NORTHERN 1/3 OF CYPRUS OCCUPIED BY TURKS . GREEKS IN NORTH WENT SOUTH, ETC. NORTH (RECOG. ONLY BY TURKEY) HAS LAND POOLS & TIERED TITLE. INDIVIDUAL CASES. IN NORTH NO LANDOWNERS FORCIBLY REMOVED. SOUTH CYPRUS HAS NO SYTEMATIC RELIEF, MUST RESIDE TO APPLY. AFTER 35 YEARS ACTION BY GREEKS SEEKING RELIEF IN LOCAL, UK AND INTERNATIONAL COURTS PRESSURED PARTIES TO SETTLE. INT’L COURT RECOGNIZE OCCUPANT RIGHTS. JOIN EU-PRESSURE INT’L COURT RECOGNIZED NORTH CYPRUS LAND COMMISSION AS SOURCE OF RELIEF. STARTED IN @2008, 1,100 CASES FILED, 130 RESOLVED. ANNAN PLAN @2010 CALLED FOR 30% LAND, REST CASH. NORTH APPROVED, SOUTH VOTED DOWN
  12. 12. AUSTRALIA ABORIGINES COMPRISE @3% OF POPULATION. CLAIM TRADITIONAL LANDS MOSTLY IN NORTH AND CENTRAL. PAST GOVERNMENT POLICY WAS TO ASSIMILATE THEM MABO AND RELATED COURT DECISIONS AND LAWS LIKE NATIVE TITLE ACT SINCE 1993 ALLOWED ABORIGINES TO FILE FOR NATIVE TITLE. ORAL TESTIMONY ALLOWED AS PROOF. CLAIMS SETTLED OUTSIDE COURT SYSTEM, GOVERNMENT OR PROPONENT PAYS 1,400 TRIBAL CLAIMS COVERING 15% OF COUNTRY FILED, 145 RESOLVED. CLAIM DATA ARE PROTECTED NO FORMULAIC SYSTEM FOR COMPENSATION NO CURRENT OCCUPANTS (E.G., RANCHERS) CAN BE REMOVED
  13. 13. NEW ZEALAND MAORI ABOUT 9% OF POPULATION. TREATY OF WAITANGI @1845 OPERATIVE. TRIBAL LEVEL CLAIMS. UPDATED 1975 ACT CREATED EXTRA- JUDICIAL WAITANGI TRIBUNAL MAORI RECENTLY WON: GRANTED $1 BILLION NZ. GOVERNMENT MUST ALSO ACKNOWLEDGE SIZE OF CLAIM MORE THAN AMOUNT AWARDED. OF 46 TRIBAL CLAIMS FILED, 26 TRIBAL CLAIMS RESOLVED. OF THESE 12 (46%) GOT LAND BACK, ALL 26 GOT SOMETHING. NO FORMULAIC FINANCIAL SYSTEM FOR CLAIMS NO PRIVATE LAND MAY BE TAKEN
  14. 14. ARMENIA: NAGORNO-KARABAKH NAGORNO KARABAKH IS ETHNIC ARMENIAN ENCLAVE IN AZERBIAJAN. LEADERS’ HOME 1991 USSR COLLAPSED AND INDEPENDENT N-K WAS DECLARED. WARFARE UNTIL 1994. AZERIS LEFT N-K. SNIPING NOW. ONLY ARMENIA RECOGNIZES N-K. ARMENIA NOW INCLUDES ORIGINAL AREA PLUS 8,000 SQUARE MILES OF UNSETTLED CONNECTING LANDS PLUS 4,000 SQUARE MILES OF N-K. CONNECTING LAND USED ONLY SEASONALLY AFTER 18 YEARS, TOO SOON FOR ANY LAND CLAIMS PROCESS TO EMERGE. SOME INITIAL DIALOG AT NGO LEVEL, POTENTIAL PRESSURE TO JOIN EU
  15. 15. INDIA INDIA HAS 8% OF POPULATION IN SCHEDULED TRIBES RESIDING MOSTLY IN FOREST LANDS IN AND NEAR MADHYA PRADESH STATE. TRIBAL LEVEL CLAIMS AT INDEPENDENCE FROM COLONIAL BRITAIN IN 1948, FOREST LANDS WERE DECLARED RESERVE WITHOUT EXTINGUISHING OCUPANT RIGHTS MINING DIFFER, NGOS, TRIBES, CENTRE DIFFER 2006 RECOGNITION OF FOREST RIGHTS ACT, BASED ON PROVEN 3 GENERATIONS OCCUPATION. 10 ACRE MAX SIZE. GENERALLY, THAT LAND ONLY, NO CASH. THRU 2011, 3.1 MILLION CASES FILED, 87% COMPLETED, 1.2 MILLION TITLES AWARDED 3.5 MILLION ACRES. MOSTLY FULL RIGHTS AWARDED BUT SOME ONLY USE AND FOREST MANAGEMENT RIGHTS RAPID RESOLUTION (4 YEARS) MEANS NATIONAL AND STATE LAWS MAY NOT BE IN SYNCH
  16. 16. CANADA FIRST NATIONS - SPECIFIC AND COMPREHENSIVE CLAIMS BEFORE THE CANADIAN INDIAN CLAIMS COMMISSION PRINCIPLE: EXISTING RIGHTS (PRE-COLONIZATION, STILL ACTIVE) AND TREATY RIGHTS (MAY HAVE BEEN NEGOTIATED AWAY), FEDERAL GOVERNMENT . BREACH OF TREATY OR PROCEDURE BASIS FOR CLAIMS FIRST NATIONS CAN WIN MONEY, PLANNING RIGHTS, MINERAL/OTHER RIGHTS, GET LAND BACK COMPREHENSIVE CLAIMS 9 NATIONS (OF 16) WON 1.7 MILLION SQUARE KILOMETERS (>80% IN ONE SETTLEMENT) OF LAND (@40% OF AREA REQUESTED), OR 27 SQ.KM PER CAPITA, PLUS $2.2 BILLION $CANADIAN ($33,300/PC). ALSO 3 NATIONS WON SELF GOVERNANCE RIGHTS. 123,000 SQ.KM OF MINERAL RIGHTS AWARDED(@2 SQ.KM/PC). TUNDRA. SPECIFIC CLAIMS PROCESS – SMALLER SCALE. ONLY $$. THROUGH 2006, 1,185 CASES FILED, FIRST NATION WON @21%). OF INITIALLY REJECTED CASES, 112 SENT TO ISCC, OF THESE, OF 62 COMPLETED CASES WITH DETAILED REPORTS (NOT RANDOM). FIRST NATION WON MONEY IN 45% OF THESE 62 CASES, 40% REJECTED , BALANCE PENDING. FIRST
  17. 17. ISRAELI BEDOUIN ONGOING NATIONAL ISSUE. 2007 GOLDBERG REPORT FOCUS ON COMPREHENSIVE SOLUTION, INCLUDING RESETTLEMENT FOR OWNERSHIP CLAIMS, GOVERNMENT OFFER IS 20-30% LAND, INCLUDING OTHER LAND, BALANCE IN CASH. SOME BEDOUIN CROSS CLAIM ISSUES. PROOF ALLOWS CORROBORATED ORAL TESTIMONY FOR USE CLAIMS AND OWNERSHIP CLAIMS, LOOK UP TABLE FOR USE VALUES. 20+ ITEMS. AVERAGE CLAIM AWARD 450,000 NIS ($121,000) PLUS INDUCEMENTS TO RESETTLE IN LEGAL, SERVED TOWNS, SOME ACCOMODATION FOR LIVESTOCK. (AVERAGE AWARD 200,000 NIS -$60,000) 3,200 CLAIMS FILED. EXCLUDES SECURITY CLAIMS ON BASES. 2,700 AWARDED CLAIMS FOR 160,000 ACRES (55 ACRES/CLAIM). NOT ALL OWNERSHIP CLAIMS HONORED, BUT SOME CLAIMANTS GET BOTH OWNERSHIP AND USE CLAIMS
  18. 18. CONCLUSION: COMPARING THE ISRAELI BEDOUIN EXPERIENCE THE 20-30% ISRAELI BEDOUIN INDIVIDUAL HOUSEHOLD LAND DEAL IS SIMILAR TO THE CYPRUS ANNAN AND SOUTH AFRICA OUTCOME THE ISRAELI CASH RESULTS ARE LARGER THAN SOUTH AFRICA, INDIA, LARGER THAN CANADA (HH CLAIM VS PC) THE 55 ACRES AVERAGE DESERT LAND CLAIM IN ISRAEL IS LARGER THAN INDIA’S 3 FOREST ACRES, SMALLER THAN CANADAS TUNDRA >2 SQUARE KILOMETER/PC ISRAEL’S AWARDING BOTH OWNERSHIP AND USE CLAIMS IS MORE COMPREHENSIVE THAN INDIA’S AND NZ AND AUSTRALIA
  19. 19. WHAT ‘S NOT STUDIED AND FUTURE RESEARCH DID NOT EXAMINE SOCIAL ISSUES OR FAIRNESS NOT LOOKING AT ETHICS OF RESETTLING SEMI- NOMADIC PEOPLES OR MINORITY POLITICS PLANNING ISSUES VERY INTERESTING, LITTLE EXAMINATION APPLES TO ORANGES IN MANY CASES ADD OTHER COUNTRIES STUDY BEDOUIN IN NEARBY COUNTRIES
  20. 20. THANKS, ANY QUESTIONS? ROBERT SIMONS R.SIMONS@CSUOHIO.EDU

×