2022-04-26

GAZA

Gaza / position paper

His Excellency the Secretary General of the Council of Ministers in Gaza, Mr. Suhail Maddoukh,

Mr. Chairman of the Governmental Follow-up Committee in Gaza, Honorable Issam Al-Daalis,

Honorable Undersecretary of the Ministry of Justice in Gaza, Respected Dr. ….. Hamto,

The head of the Advisory and Legislation Bureau in Gaza, respected Dr. Osama Saad,

Honorable Representative in the Legislative Council in Gaza Faraj Al-Ghoul,

Honorable Head of the Land Registry Department in Gaza,

Subject: Outcomes of the hearing and accountability session organized by Musawa entitled "The Communal Lands to Whom" and the actions taken by the official committee of jurisdiction in this regard

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession, expresses its greetings, and refers to the outcomes of the hearing and accountability session that it organized at its headquarters in Gaza on 15.03.2022, on the causes and effects of the conflict over the ownership of the communal lands between the Land Authority and the citizens who benefited from it a long time ago, and the available means to protect the rights of citizens to dispose the lands fairly and impartially and without official dispute. 45 citizens participated in the session, including 10 participants from the owners and beneficiaries in part of those lands located in the governorates of Rafah and Khan Yunis, in the presence of your representatives who pledged to convey the outcomes of the hearing session to you in order for it to be presented to the official advisory committee entrusted with deliberating on the problems related to the communal lands and finding appropriate solutions to those problems, whether at the legislative or administrative levels, in a way that guarantees the protection of constitutional rights, the principles of the Basic Law and the rules of justice and equity, and achieves a fair legal balance between the requirement to preserve public properties for future generations and to preserve the rights of disposal and use of those lands for the long-time citizen beneficiaries and workers.

Dear Gentlemen, the most prominent outcome of the hearing was the need to change the name of the lands discussed in the session so that it would be replaced from communal lands to another name that preserves the Palestinian identity and the rights of citizens. Second, it was recommended that the huge sums of money incurred by the workers in those lands who succeeded in converting them from sand dunes to productive agricultural lands that have become the food basket in the southern governorates should be taken into consideration. Third, demanding the implementation of the agreement reached on 14.10.2020 that was published on the page of the Land’s Authority regarding the registration of these lands in two phases, and to address the issue of bare ownership and the right of usufruct and disposal of the land including construction, in a way that eliminates the manifestations and causes of conflict, and determines in a fair manner the proportions of the distribution of these lands among the  public property and utilities, and the beneficiaries and those enjoying the disposal of lands. Fourth, calling to stop the attacks on the lands, including stopping the uprooting of plants and trees from the land by the Land Authority, and stopping the razing works that destroyed the fruits and product of trees without compensation to its planters. Fifth, ending discrimination in the facilitations granted to some citizens and denied to others, despite their equal legal status and their utilization of those lands, and the necessity of implementing the rules of equality and fairness with them and among them. Sixth, initiating settlement work for these real estate in a manner that preserves the rights of disposition and usufruct of the citizens benefiting from the land and the ownership of some of them to part of the land. Seventh, determining a timeframe for settling and addressing the problems related to the right of bare ownership and the right to dispose and usufruct, and its registration in a specific manner that may not be exceeded. Finally, addressing again the need to end the fragmentation and implement the principles of transitional justice in a way that guarantees the rights of its victims and eliminates the reasons for returning to the violations of rights and holding its perpetrators accountable.

We believe it is important to quickly refer these outputs to the official committee whose formation was revealed by your representatives in the session, and to entrust the study and resolution of the problems related to the communal lands to the committee in its capacity as the responsible and competent authority, especially since the participants in the session documented the outputs as demands, and your representatives in the session emphasized that the committee has on its agenda the preparation of structural plans and reaching a settlement with its residents in a manner that achieves a balance between public property and utilities, and their rights on the basis of justice and equity and the principles of the Basic Law. We also believe in the importance of suggesting the necessary and possible legislative and administrative measures to achieve a settlement that would satisfy the various parties and preserve the rights of future generations. We hope that you inform us with the measures taken by you and by the official committee in this regards so far, and that you publish the details of its work plan to ensure that all citizens are informed of it in terms of its nature, content and the timeframe for implementing its details, which would give reassurance to those enjoying the disposal of the communal lands, and would enhance their confidence in the credibility of the official approach to settling the conditions of the lands in a just manner that enhances civil peace and preserves the rights of citizens.

With respect

Issued on 26.04.2022

Musawa