On Behalf of 100 Farmers, Adalah Files Objection to Local Plan G-7337

 

On 13 March 2002, Adalah filed an objection to Local Plan G-7337 on behalf of more than 100 farmers from the Galilee. The plan, submitted by the Nature Reserve and National Park Authority (NRNPA) to the District Planning and Building Committee in the Northern District (DPBC) in January 2002, proposes the establishment of a nature reserve and national park on 13,184 dunams of land in the area of el-Malak Valley. The area surrounds four Arab towns (Basmet Tabon, el-Kabiah, el-Helif, el-Hamereh and el-Khawaled) and borders several more. The plan permits the confiscation of the land from its current owners, enacts restrictions against the farmers in the area, and limits the future growth of these Arab towns. Adalah, by Staff Attorney Suhad Bishara, argued that the plan as proposed violates the rights of the Arab farmers and is discriminatory. 

On 2 March 2002, Adalah initiated a meeting with farmers from the area, local mayors and town engineers to coordinate their objection to the plan. Ms. Bishara presented the legal dimensions of the plan, including numerous restrictions that the plan would impose on the farmers and other residents in the area. Urban planner Yosef Jabareen explained the geographical specifications of the plan and the effects that the recommended changes would have on the residents. If the DPBC accepts the plan, the area in question will be declared a nature reserve and national park. The area then falls under the jurisdiction of the NRNPA, thereby permitting the government to confiscate the land from its current owners, and/or allowing numerous restrictions on land cultivation. 

In the objection, Adalah argued that the plan violates the right to property as explicitly protected by the Basic Law: Human Dignity and Liberty. Many of these farmers have cultivated the land for decades, often predating the establishment of the state of Israel. The plan also violates the Basic Law: Freedom of Occupation by enacting restrictions that impede their current self-employment as farmers, thereby depriving them of their primary source of income. 

Adalah further contended that the plan's restrictions on the farmers do not correlate with its stated purpose, which is to preserve the land's natural resources and appearance. Given the long-standing relationship between the farmers and the land, the farmers' presence does not constitute an intrusion in the area; rather, they play an integral role in the preservation of the land. 

The objection charged the NRNPA with discrimination against the Arab community. The plan fails to establish clear criteria for establishing a nature reserve in the area in question; rather, the geographical specifications of the plan appear to be designed specifically to limit the growth of Arab towns. The area concentrates near Arab towns and entirely surrounds four Arab towns, in spite of the fact that most of the natural forests in the region are located near Jewish towns - Alonim, Aloni Abba, Alon Hagalil, Bet Lehem Hagililit. The plan inexplicably excludes all of these forests, while the area designated as a nature reserve and national park contains virtually no natural forests. 

The plan also contains factual inaccuracies, which present a misleading image of the current state of the land in question. For instance, the area designated as a nature reserve under the plan encompasses two Arab towns (el-Hamereh and Ras Ali) that do not appear within the boundaries of the proposed area on the accompanying map. The town of el-Hamereh appears far from its actual location, while the town of Ras Ali does not appear at all. Without prior knowledge, someone reviewing the plan would not be aware of the effect that the plan will have on these towns. Adalah argued that the NRNPA failed to uphold its obligation to the public as a governmental agency by presenting false and misleading information. 

The District Planning and Building Committee in the Northern District (DPBC) is expected to schedule a hearing in the near future. At that time, Adalah will offer its oral arguments and the DPBC will then deliver a decision in response to the objection.