Israel and Palestine: Land Rights


Figure 1.--.

One of the central issues involved with Israeli-Palestinian conflict is who has a right to the land. The basic Jewish Zionist claim is a histotorical one, dating back to Biblical times before the Roman conquest and subsequent supression of the Jewish Revolt (1st century AD). The Palestinian claim as the majority population at the time of the Patition is the surely the strongest one. But what date should one use for assessing the Palestinisan claim. Does one go back to the early 19th century before the Zionist movement began promoting emigration. Or does one select some time between the beginning of the British mandate (1919) and Partition (1947). A major consideration in assessing rights is the fact that the Palestinians rejected efforts to move toward majority rule during the Mandate period. This seems surprising because they were the majority, but they resisted because the British wanted to include protection for minority rights. Another question is the right of private property. What are the rights of Jews who purchased land in Palestine? And would it be protected in a majority Arab government? We wonder if Arabs and other Muslims in Britain and France would accept the proposition that they do not have the right to buy land because of their reigion or eethniity? Generally speaking the international community since World War II has attempted to satablize ethnic conflicts by seeking an end to fighting and recognizing the facts on the grond which was the basis for the U.N. Partition. One complaint the Arabs make with some justification is that they should not have to pay for NAZI Germany's Holocaust. But of course many Arabs, includuing Arab Governmrents and Iran sided with the NAZIs, including the first major Palestinian leader, the Grand Mufti of Jerusalem who from Berlin made propaganda and helped recruit Muslims for the NAZIs as well as incouraging Hitler and Himmler to kill more Jews in Auschwitz during the War. Also it should be recalled, that Israel was not just peopled with European Jews, but Middle-Eastern Jews as well, many of which lost their property including land, if endeed they were allowed to own land, when theybleft or were expelled from Arab countries.

Historical Origins

One of the central issues involved with Israeli-Palestinian conflict is who has a right to the land. The basic Jewish Zionist claim is a histotorical one, dating back to Biblical times before the Roman conquest and subsequent supression of the Jewish Revolt (1st century AD). The Palestinian claim as the majority population at the time of the Patition is the surely the strongest one. The origins of the Palestinians is a matter of some historical discussion. But what date should one use for assessing the Palestinisan claim. Does one go back to the early 19th century before the Zionist movement began promoting emigration. Or does one select some time between the beginning of the British mandate (1919) and Partition (1947).

Jewish National Fund

The Jewish National Fund (קרן קימת לישראל--JNF/KKL) was founded to buy and develop land in Palestine, at the time part of the Ottoman Empire (1901). The JNF was a creation at the Fifth Zionist Congress in Basel. Theodor Herzl's supported a propsal from German Jewish mathematician, Zvi Hermann Schapira. The first JNF land purchases were transacted in Judea and the Lower Galilee. The JNF hekped to found Tel Aviv (1909). The JNF established the “Olive Tree Fund” which cam to be known as simply the Tree Fund. This was the beginning of the forestation efforts which became part of the lJewish land program in Palestine. The JNF continued to operate after World War I in the British Mandate as well as indepebdent Israel. The JNF was begun as a Jewish charity in the diaspora. Ubiqitous blue tin boxes (pushke) appeared every where in Jewish homes and business to recieve pocket change. It is now a quasi-governmental, non-profit charitable organisation. It owns about 15 percent the land in Israel. A major part of the JNF's program was the forestation of Israel. The JNO has planted nearly 250 million trees. Many Jews contributed money to dedicate a tree to a loved one. The JNF has also financed a range of reclamation efforts, including 180 dams and reservoirs. The JNF has helped develop 250,000 acres of land and eenabled the creatiin of over 1,000 parks. The Tree of Life Award is a JNF humanitarian award. The JNF encourages Jews in the diapora to make donations to plant trees for special occassions like births, Bar or Bat Mitzvah, graduations, weddings, birthdays, and memorials.

British Mandate: Palistian Rejection of Majority Rule

A major consideration in assessing rights is the fact that the Palestinians rejected efforts to move toward majority rule during the Mandate period. This seems surprising because they were the majority, but they resisted because the British wanted to include protection for minority rights. Another question is the right of private property. What are the rights of Jews who purchased land in Palestine?

Land Laws

Arabs have raised the issue of Palestinian land rights wuth some vigor. It is a fair issue to raise. Arabs tend to be much more reluctant to discuss Jewish land rights in Arb countries. Land laws are highly variable in the Arab world. Palestinian Authority Law is basically based on Jordanian law. Jordanian law prohibits Jews fronm buying land. The death penalty applies to individuals selling land to Israelis. Land sales and ownership in Israel are not restricted by religion or ethnecity. Many Israeli Pslistinians own land. And Palestinians have used Israeli courts to defend their property rights.

Private Property

And would it be protected in a majority Arab government? We wonder if Arabs and other Muslims in Britain and France would accept the proposition that they do not have the right to buy land because of their reigion or eethniity? Generally speaking the international community since World War II has attempted to satablize ethnic conflicts by seeking an end to fighting and recognizing the facts on the grond which was the basis for the U.N. Partition. One complaint the Arabs make with some justification is that they should not have to pay for NAZI Germany's Holocaust. But of course many Arabs, includuing Arab Governmrents and Iran sided with the NAZIs, including the first major Palestinian leader, the Grand Mufti of Jerusalem who from Berlin made propaganda and helped recruit Muslims for the NAZIs as well as incouraging Hitler and Himmler to kill more Jews in Auschwitz during the War.

Jewish Middle East Property

Also it should be recalled, that Israel was not just peopled with European Jews, but Middle-Eastern Jews as well, many of which lost their property including land, if indeed they were allowed to own land, when they left or were expelled from Arab countries. The Jews in most Arab countries had no real access to tghe courts to protect their propert rights or acess to receive just compensation for property seized or cionfuscated.








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Created: 5:11 AM 4/13/2011
Last updated: 5:17 AM 4/13/2011