Robert A. Simons, Ph.D.Professor, Cleveland State University

Lady Davis Scholar, Technionr.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

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

PERTINENT LITERATUREWALKER’S BOOK LANDMARKED ON SOUTH AFRICAN

LAND CLAIMSGHYOOT’S ARTICLE ON SOUTH AFRICAN LAND

RESTITUTION VALUATIONISRAELI 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 JORDANYIFTACHEL’S ISRAELI LAND POLITICS WORK

SHEEHAN’S REPORTS ON AUSTRALIA AND NEW ZEALAND

SIMONS AND PAI ON CANADIAN LAND CLAIMSINTERNET SOURCES ON CYPRUS, UN, ARMENIA,

ISRAELI-PALESTINE CONFLICT, ETC.

OVERVIEW: BEDOUIN TRIBAL LAND CLAIMSWHY STUDY THE BEDOUIN?PERTINENT LITERATURETHE BEDOUIN SITUATION IN ISRAELSELECTION OF EVALUATION CRITERIASELECTION OF OTHER COUNTRIESBRIEF OVERVIEW OF EACH OF EACH

COUNTRIES’ EXPERIENCE (INCLUDING BEDOUIN IN NEGEV)

CONCLUSIONS ON OUTCOMES WHAT HAS NOT BEEN STUDIED, AND FUTURE

RESEARCH

WHY STUDY THE BEDOUIN?I WAS ON SABBATICAL IN ISRAEL IN AY 2010-11.

PART TIME AT TECHNION. CENTRAL LOCATIONBEDOUIN 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

THE BEDOUIN SITUATION IN ISRAELAFTER 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 ISRAELABOUT 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

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 DISPARITYEQUITY OF MUSLIM MINORITY IN A JEWISH

DOMINATED STATE PLANNING PROCESS AND OUTCOMES FOR

MOVING THIS SEMI-NOMADIC POEPLE INTO LEGALLY RECOGNIZED AND SERVED COMMUNITIES

SELECTION OF EVALUATION CRITERIA: FOCUS ON QUANTIFIABLE ECONOMIC FACTORS

LAND OWNERSHIP CLAIM, TYPES OF RIGHTS (ALL, PLANNING, USE ONLY ,

MINERAL, ETC)CRITERIA REQUIRED TO “PROVE” OWNERSHIP

LAND USE RIGHTS, SEPARATE FROM OWNERSHIP RIGHTS SQUATTER SETTLEMENTS, INFORMAL OCCUPATIONCRITERIA USED TO VALUE IMPROVEMENTS FOR USE

CLAIMFORMAT OF COMPENSATION: SAME LAND, OTHER

EQUIVALENT LAND, FINANCIAL COMPENSATION, APPRAISAL SCHEME

OUTCOME MEASURES% GOT ANYTHING, % GOT MONEY, LAND OR COMBINATION

SOME CLAIMS COLLECTIVE, OTHERS INDIVIDUALAPPLES AND ORANGES ISSUES OF COMPARABILITY

SELECTION OF COMPARATIVE COUNTRIESMUST HAVE COLLECTIVE OR INDIVIDUAL LAND

CLAIMS ISSUESCOLONIAL BACKGROUND = LEGAL SYSTEM

(BRIT.)MUST HAVE AVAILABLE DATA, FAIRLY RECENT

SOUTH AFRICA – LAND CLAIMS COMMISSIONCYPRUS – GREEK/TURKISH SPLIT -ANNAN PLAN AUSTRALIA – ABORIGINAL CLAIMSNEW ZEALAND – MAORI CANADA –FIRST NATIONS, FEDERALINDIA - SCHEDULED TRIBES -MADHYA PRADESH ARMENIA – NAGORNO-KARABAKHISRAELI BEDOUIN IN NEGEV

SOUTH AFRICALAND 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

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

AUSTRALIAABORIGINES 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

NEW ZEALANDMAORI 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

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

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 DIFFER2006 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

CANADAFIRST 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 NATIONS MAY BUY LAND IN OPEN MARKET WITH WINNINGS IF THEY LIKE. NOBODY DISPLACED.

ISRAELI BEDOUINONGOING 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

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

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 CASESADD OTHER COUNTRIESSTUDY BEDOUIN IN NEARBY COUNTRIES

THANKS, ANY QUESTIONS?ROBERT SIMONS

R.SIMONS@CSUOHIO.EDU