1. Robert A. Simons, Ph.D.
Professor, Cleveland State University
Lady Davis Scholar, Technion
r.simons@csuohio.edu
and
Dan Berkowitz, Planning Student, Technion
Lior Glick, Planning Student, Technion
Nir Ben Simon, Planning Student, Technion
And
Anil Kashyap, Senior Lecturer
University of Ulster

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. THANKS, ANY QUESTIONS?
 ROBERT SIMONS
 R.SIMONS@CSUOHIO.EDU