On 29 March 2007, the Israel Land Administration (ILA) published new regulations governing the short-term leasing of agricultural land in the Naqab (Negev) in the south of Israel. These regulations, promulgated following Adalah’s demand to the ILA to cancel discriminatory criteria previously in place, offer increased possibilities for Arab Bedouin citizens of Israel residing in the Naqab to lease agricultural land. Severe restrictions on the rights of the Arab Bedouin community to lease these lands, none of which applied to Jewish citizens of Israel, have been cancelled. However, the new regulations, which are specifically applicable to the Arab Bedouin, give preference to those who served in the Israeli security forces or the army, unlike the previous regulations. Therefore the new regulations may lead to exclusion of Arab Bedouin citizens of Israel, many of whom do not serve in the Israeli army, from the leasing of land. Adalah will monitor the implementation of the new regulations.

Two and a half years ago, on 27 September 2004, Adalah Attorney Suhad Bishara sent a letter to the ILA demanding the cancellation of a regulation that set forth discriminatory conditions for Arab Bedouin citizens of Israel in the short-term leasing of agricultural land in the Naqab. Adalah asked the ILA to ensure that the process by which it leases land applies equally to Palestinian and Jewish citizens of Israel in the Naqab.

Under Israeli law, the ILA is charged with managing “Israel lands”. Since the establishment of the state in 1948, large tracts of Arab-owned land have been confiscated or otherwise appropriated under law. These laws and policies have brought about state control of over 93% of the land in Israel.

Two regulations promulgated by the ILA in February 2000 governed the leasing of agricultural land in the Naqab. Regulation No. 21.01, “Short-Term Lease of Agricultural Land”, detailed the general preconditions (essentially for Jewish applicants only), whilst Regulation No. 21.02, “Short-Term Lease of Agricultural Land for the Bedouin in the Naqab” stipulated the preconditions for Arab Bedouin applicants.

The regulation that applied to Arab Bedouin applicants stipulated that: (i) the applicant must permanently reside in the Negev; (ii) the applicant may not own, or use and claim ownership of over 50 dunams of land; (iii) the applicant may not apply to lease more than 150 dunams of land; (iv) the applicant must be over 50 years of age; (v) the applicant must be in the process of applying to a “preferable area of settlement”; (vi) the applicant must have received the approval of the Committee for Resolving Land Registration in the Northern Naqab; and (vii) the applicant must have received the written and detailed recommendation of a governmental ministry for his/her application. None of these preconditions was required of Jewish applicants.

Most of the criteria set forth in this previous regulation have been cancelled, and Arab Bedouin citizens may now apply to lease land under the general framework for leasing land, which was previously open only to Jewish citizens, and under the special regulation for Arab Bedouin. Under the new regulation applicable for Arab Bedouin: (i) the applicant must reside in the southern district; (ii) the applicant may not own or use over 50 dunams of land; (iii) preference will be given to those who have served in the security forces or the army; and (iv) preference will be given to those who participate in the “Guidance Project” of the Ministry of Agriculture.

Attorney Bishara had argued in the letter that the preconditions contained in the regulations from February 2000 were illogical, and that they restricted the rights of Arab Bedouin in the Naqab to lease land for agricultural use, and thus impeded their ability to work in agriculture, all solely on the basis of their national belonging. Adalah contended that these preconditions are irrelevant to the issue of leasing land, and cited Supreme Court decisions emphasizing the principle of equality and the duty of all governmental bodies to adhere to it. Finally, Adalah argued that the entire procedure of land allocation as implemented by the ILA violates the principle of equal distribution of land since it greatly restricts the access of Arab Bedouin inhabitants of the Naqab to agricultural land.

In its reply of 17 November 2004, the ILA announced that, having examined the issues raised by Adalah, it believed that the regulations should be amended, and states its willingness to implement the required changes. In the new regulations, it will be clear that all Israeli citizens are able to lease land, the ILA wrote. The ILA also stated that it would ensure that a portion of the land is reserved for use by the Arab Bedouin, and that it intends to draw up new criteria for the leasing of agricultural land.