cd1805en
cd1805en
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
INTRODUCTION
The recent resurgence of hostilities between Hamas According to the United Nations Office for the
and Israel has led to the widespread destruction of Coordination of Humanitarian Affairs (OCHA),
the agrarian economy in the Occupied Palestinian between 7 October 2023 and 15 May 2024, 489
Territory (OPT), with long-term implications for Palestinians, including at least 117 children, have
Palestinian land and agrifood systems in both the been killed in the West Bank and East Jerusalem
Gaza Strip and the West Bank. and 1 964 Palestinians have been displaced after
their homes were demolished or destroyed.9 The
The conflict has affected mainly the Gaza Strip. As year 2023 was the deadliest year for Palestinians in
of 27 May 2024, approximately 1 200 Israelis and the West Bank since the United Nations Relief and
36 050 Palestinians have been killed, with many more Work Agency for Palestine Refugees in the Near East
injured.1 Up to 1.7 million people have been displaced, (UNRWA) began systematically recording casualties
many multiple times,2 and an estimated 54 percent in 2005.10 In addition, since 7 October 2023, OCHA
of all buildings and housing have been damaged or has recorded 896 Israeli settler attacks against
destroyed.3 With regards to land and agriculture, as Palestinians that resulted in casualties and/or
of May 2024, 57.3 percent of all cropland has been damage to Palestinian property.9
damaged4 (60 percent of this orchards and other
trees),5 32.7 percent of the area in greenhouses Land rights are central to addressing this conflict
was damaged (covering over 84 percent of the area and post-war reconstruction. Israeli policies over
in greenhouses in the northern governorates)6 and land use and promotion of settlements have
1 049 agricultural wells have been impaired.7 In restricted access to land and land rights for
addition, as of 15 February 2024,8 more than 300 Palestinians for decades prior to the current war,
home barns, 100 agricultural warehouses, 46 farm with negative implications for land-tenure security
storage facilities, seven agricultural suppliers 119 and agrarian livelihoods. When Palestinians are
animal shelters, and over 500 farms related to different allowed and able to return to their homes and
forms of livestock production, have been damaged. lands, steps towards restitution and documenting,
The entire population of the Gaza Strip is now food registering and securing housing, land and property
insecure. Famine is imminent. One in three people rights will be necessary to restore Palestinian rights,
faced catastrophic food insecurity around mid-March; secure livelihoods and rebuild the economy.
this is expected to increase to 1.1 million people, half of
the population of the Gaza Strip, by July 2024.i
i According to the Integrated Food Security Phase Classification (IPC), as of 18 March, all but 96 000 of the entire population in the Gaza Strip
(2.2 million) faces high levels of acute food insecurity (IPC Phase 3 or above: Crisis or worse), with over 40 percent (876 000) in Emergency
(IPC Phase 4) conditions. Almost one in three people (677 000) face catastrophic conditions (IPC Phase 5), experiencing extreme lack of
food, starvation and exhaustion of coping capacities.3
11
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
ii Israel returned the Sinai Peninsula to Egypt in 1982 when the two countries signed a peace agreement. In December 1981 the Golan
Heights passed under Israeli Law through the ratification of the Golan Heights Law by the Knesset. The law was declared “null and void and
without international legal effect” by United Nations Security Council Resolution 497, which reiterated the application of the Fourth Geneva
Convention to the Golan Heights as an occupied territory.
iii The Oslo II Accord in 1995 provided limited self-rule for Palestinians in parts of the West Bank and the Gaza Strip through the Palestinian
National Authority, which was established in May in 1994 after the signing of the Israel/PLO “Agreement on the Gaza Strip and the Jericho
Area”. This agreement was then superseded by the Oslo II Accord.
2
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
¥
Area C, with 400 000 Israeli settlers residing in
OCCUPIED PALESTINIAN TERRITORY
The West Bank including East Jerusalem, and the Gaza Strip approximately 230 settlements.23 Approximately
January 2019
TIB ERI AS
Syria
LAKE
Source: UNRWA, 2018
P
Haifa
Tiberias P
most of the West Bank’s agricultural land and
Nazareth
P natural resources, Palestinian residents struggle
Jordan River /
to obtain land permits for housing and farming.
Sheikh Hussein
According to OCHA, between 2009 and 2016
Jenin
P
only three percent of all requests submitted
ea
Tulkarm P
JORDAN RI VER
Nablus
nea
P P
Ramallah
P
heavily restricted for Palestinian construction.
Jericho
P Allenby / More than 70 percent of the Palestinian
Me
King Hussein
Ashdod
Jerusalem
communities in Area C are not connected to the
P
P
Safe Passage
water supply network, with water consumption in
P
(Non-functional) Bethlehem
Dead S ea
Area A and B
Restricted Area (ARA), which ranges in width from
Area C 300 to 1 500 metres along the eastern border of
Unilaterally annexed area (East Jerusalem)
the Gaza Strip. The ARA comprises 17 percent of the
Airport
Main City
total area of the Gaza Strip and 35 percent of all its
Border Crossing agricultural land.19, 25 Since 2007, Israel has severely
Wadi ‘Arraba
Eilat
P
restricted the movement of goods and people to
o
Taba
and from the Gaza Strip by air, land and sea.26
A OF
0 15 30 60
A
Km
A LF
B
U
Q
G
3
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
iv Though aquifers ought to be a shared resource according to international law, the Israeli Water Company (Mekorot), uses at least 80 percent of
these groundwater resources and sells back the remaining 15 to 20 percent to the Palestinian Water Authority. The Oslo Accords (1995, Annex 3,
Article 40), which give Israel control of approximately 80 percent of the water reserves in the West Bank, was intended as an interim arrangement;
however, the allocation largely still stands despite the demographic, socioeconomic and natural changes affecting the supply and demand for
water since its signature.36
4
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
Source:
Norwegian Refugee Council. 2015. Types of land ownership in Gaza. Oslo.
https://www.nrc.no/globalassets/pdf/fact-sheets/types-of-land-ownership-in-gaza-icla-hlp-fact-sheet.pdf;
Howlett, S. 2000. Palestinian private property rights in Israel and the Occupied Territories. Vanderbilt Journal of Transnational
Law, 34(1): 119–166.
5
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
of Government and Abandoned Property at the transactions made by the PA.41 An inventory of public
occupation Civil Administration, who is allowed to lands in Areas A and B, which are under PA authority,
rent and lease it. is not yet available. According to the World Bank,
systematic registration is expected to take decades
◗ Closure of areas by the Israeli Military
to complete unless significantly more resources are
Commander: these forbid the entrance of people provided.44
who were not present in it before the time of its
closure and their presence therein. As a result, in 2018, according to the World Bank,
90 percent of all land in the Gaza Strip is registered,
In May 1994, the PA was created as part of the Israel/ whereas only about 46 percent of land in the West
Palestine Liberation Organization “agreement on Bank is registered.44, v Table 1 provides a breakdown
the Gaza Strip and the Jericho Area”. Article V of the of registered land in the West Bank by zone.
agreement gave the PA territorial jurisdiction over
land, subsoil and territorial waters. Over time, the Amid the escalating hostilities since 7 October 2023,
PA has created the necessary institutions for land the question of tenure security in the OPT has once
governance, but legislative frameworks and capacity again become pressing. The impact of the extensive
remain weak.44 The Palestinian Land Authority, displacements and destruction in the Gaza Strip on
responsible for registration and administration the tenure rights previously established is yet to be
of all types of land in the OPT, does not have the seen. There is no information on the current status of
necessary resources and capacity to undertake its farm registries or cadastres in the Gaza Strip. In the
mandate.45, 46 Progress with regards land registration West Bank, given the insufficient capacity and weak
remained sporadic.41 In addition, land registration legislative frameworks, it remains uncertain whether
was further hampered in the West Bank, where, land registration and tenure security can be improved
under the Oslo II Accord (September 1995), the Israeli in light of heightened damage to Palestinian property
Government retained land registration authority in and increased tensions over land.
Area C and does not recognize any registration or sale
v Other estimates exist and, although slightly different, reflect the same trends. Based on data provided by the Land and Water Settlement Commission
and cited in UN Habitat’s latest report on Palestine, 62 percent of the land in the West Bank is currently registered, whereas 98 percent of land is
registered in the Gaza Strip.47
The Norwegian Refugee Council, however, reported that in 2015 over 30 percent of privately owned land in the Gaza Strip was estimated
still to be unregistered.48
6
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
7
Briefing note on the Occupied Palestinian Territory
Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
NOTES
1 United Nations Office for the Coordination of Humanitarian Affairs. 2024. Hostilities in the Gaza Strip and Israel – reported impact. Day 234.
In: United Nations Office for the Coordination of Humanitarian Affairs. East Jerusalem. [Cited 7 June 2024].
https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-reported-impact-day-234
2 United Nations Relief and Works Agency for Palestine Refugees in the Near East. 2024. UNRWA situation report #79 on the situation in the Gaza
Strip and the West Bank, including East Jerusalem. In: United Nations Relief and Works Agency for Palestine Refugees in the Near East. New York,
USA. [Cited 7 June 2024].
https://www.unrwa.org/resources/reports/unrwa-situation-report-79-situation-gaza-strip-and-west-bank-including-east-Jerusalem
3 Integrated Food Security Phase Classification. 2024. The Gaza Strip: IPC acute food insecurity analysis, 15 February–15 July 2024. Rome.
https://www.ipcinfo.org/fileadmin/user_upload/ipcinfo/docs/IPC_Gaza_Strip_Acute_Food_Insecurity_Feb_July2024_Special_Brief.pdf
4 FAO. 2024. Damage to cropland due to the conflict in the Gaza Strip as of 20 May 2024. Rome.
https://openknowledge.fao.org/handle/20.500.14283/cd1141en
5 FAO. 2024. Damage to cropland categories due to the conflict in the Gaza Strip as of 20 May 2024. Rome.
https://openknowledge.fao.org/handle/20.500.14283/cd1142en
6 FAO. 2024. Damage to greenhouses due to the conflict in the Gaza Strip as of 23 April 2024. Rome.
https://openknowledge.fao.org/handle/20.500.14283/cd1132en
7 FAO. 2024. Damage to agricultural wells due to the conflict in the Gaza Strip as of 20 May 2024. Rome.
https://openknowledge.fao.org/handle/20.500.14283/cd1136en
8 FAO. 2024. Overview of the damage to agricultural land and infrastructure due to the conflict in the Gaza Strip as of 15 February 2024. Rome.
https://openknowledge.fao.org/server/api/core/bitstreams/be623bad-4da1-4ca3-af55-f8b0fed84617/content
9 United Nations Office for the Coordination of Humanitarian Affairs. 2024. Hostilities in the Gaza Strip and Israel | Flash Update #169. In: United
Nations Office for the Coordination of Humanitarian Affairs. East Jerusalem. [Cited 7 June 2024].
https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-169
10 United Nations Relief and Works Agency for Palestine Refugees in the Near East. 2024. UNRWA Situation Report #61 on the situation in the Gaza
Strip and the West Bank, including East Jerusalem. In: United Nations Relief and Works Agency for Palestine Refugees in the Near East. New
York, USA. [Cited 7 June 2024].
https://www.unrwa.org/resources/reports/unrwa-situation-report-61-situation-gaza-strip-and-west-bank-including-east-Jerusalem
11 United Nations. 1980. Acquisition of land in Palestine. Prepared for, and under the guidance of the Committee on the Exercise of the Inalienable
Rights of the Palestinian People. New York, USA. https://www.un.org/unispal/document/auto-insert-208638.
12 United Nations. 1947. Palestine plan of partition with economic union – General Assembly resolution 181 (II) Future government of Palestine. In:
United Nations – The question of Palestine. New York, USA. [Cited 7 June 2024]. https://www.un.org/unispal/document/auto-insert-185393
13 United Nations. 2023. The question of Palestine. In: United Nations – The question of Palestine. New York, USA. [Cited 7 June 2024].
https://www.un.org/unispal/history
14 Bocco, R. 2010. UNRWA and the Palestinian refugees: A history within history. Refugee Survey Quarterly, 28(2–3): 229–252.
15 Hasson, S. 2000. A master plan for Jerusalem: Stage one – The survey. In: M. Macoz and S. Nusseibeh, eds.Jerusalem: Points of friction – and
beyond, pp. 15–24. Leiden, The Kingdom of the Netherlands, Brill.
16 United Nations General Assembly. 2023. Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory,
including East Jerusalem, and Israel Note by the Secretary-General. United Nations General Assembly, 5 September 2023. A/78/198.
https://www.un.org/unispal/wp-content/uploads/2023/10/N2326071.pdf. Since 1993, the UN Human Rights Council has appointed a Special
Rapporteur on the situation of human rights in the occupied Palestinian territories.
17 Wikipedia. 2024. International law and Israeli settlements. In: Wikipedia. [Cited 5 June 2024].
https://en.wikipedia.org/wiki/International_law_and_Israeli_settlements
18 United Nations General Assembly Committee on the Exercise of the Inalienable Rights of the Palestinian People. 2023. The legality of Israel
occupation of the Occupied Palestinian Territory, including East Jerusalem. New York, USA.
19 Norwegian Refugee Council. 2015. A guide to housing, land and property law in the Gaza Strip. Oslo.
https://www.nrc.no/globalassets/pdf/reports/a-guide-to-housing-land-and-property-law-in-the-gaza-strip-october-2015.pdf
20 Office of the United Nations High Commissioner for Human Rights. 2024. State of Palestine: Israeli settlements in the Occupied Palestinian
Territory, including East Jerusalem, and in the occupied Syrian Golan. OHCHR – State of Palestine | period from 1 November 2022 to 31 October
2023. New York, USA. https://www.ohchr.org/sites/default/files/2024-03/Palestine-March2024.pdf
21 Office of the United Nations High Commissioner for Human Rights. 2023. Israeli settlements in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan. Human Rights Council, Fifty-second session, 27 February–31 March 2023, Agenda items 2 and 7.
New York, USA. https://www.ohchr.org/en/documents/reports/ahrc5572-israeli-settlements-occupied-palestinian-territory-including-east
22 United Nations Office for the Coordination of Humanitarian Affairs. 2013. Report of the independent international fact-finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people
throughout the Occupied Palestinian Territory, including East Jerusalem. East Jerusalem.
https://www.ohchr.org/sites/default/files/Documents/HRBodies/HRCouncil/RegularSession/Session19/FFM/FFMSettlements.pdf
23 United Nations Office for the Coordination of Humanitarian Affairs. 2023. West Bank Area C: key humanitarian concerns. East Jerusalem.
https://www.ochaopt.org/sites/default/files/area_c_key_humanitarian_concerns.pdf
24 UN Trade and Development. 2024. Preliminary assessment of the economic impact of the destruction in Gaza and prospects for economic
recovery. UNCTAD Rapid Assessment. In: UN trade & development. New York, USA. [Cited 5 June 2024].
https://unctad.org/publication/preliminary-assessment-economic-impact-destruction-gaza-and-prospects-economic-recovery
25 World Food Programme. 2023. Evaluation of State of Palestine WFP Country Strategic Plan 2018–2022. Centralized evaluation report – Volume I.
Rome. https://docs.wfp.org/api/documents/WFP-0000146204/download
8
26 World Bank. 2023. Racing against time. World Bank Economic Monitoring Report to the Ad Hoc Liaison Committee.
http://documents.worldbank.org/curated/en/099638209132320721/IDU0e8b2e87e098b004a7a09dcb07634eb9548f4
27 FAO, European Union & French Agricultural Research Centre for International Development (CIRAD). 2023. Food systems profile – Palestine.
Catalysing the sustainable and inclusive transformation of food systems. Rome, Brussels and Montpellier, France.
https://doi.org/10.4060/cc7323en
28 United Nations Office for the Coordination of Humanitarian Affairs. 2019. Gaza’s fisheries: record expansion of fishing limit and relative increase
in fish catch; shooting and detention incidents at sea continue. In: United Nations Office for the Coordination of Humanitarian Affairs. East
Jerusalem. [Cited 7 June 2024].
https://www.ochaopt.org/content/gaza-s-fisheries-record-expansion-fishing-limit-and-relative-increase-fish-catch-shooting
29 Palestinian Central Bureau of Statistics. 2022. Agriculture Census: Preliminary results 2021. Ramallah, Occupied Palestinian Territory.
30 Ministry of Agriculture, Palestine. 2014. Small-scale family farming in the West Bank. A diagnostic study. Ramallah, Occupied Palestinian Territory.
31 FAO. 2022. FAO and EBRD hold dialogue on the olive oil sector in West Bank and Gaza Strip. In: Food and Agriculture Organization of the United
Nations – FAO Investment Centre. Rome. [Cited 7 June 2024]. https://www.fao.org/support-to-investment/news/detail/en/c/1507314
32 Palestinian Central Bureau of Statistics. 2022. Labour force survey (April-June, 2022) Round (Q2/2022). Ramallah, Occupied Palestinian Territory.
33 International Labour Organization. 2022. The situation of workers of the occupied Arab territories. Report of the Director General – Appendix.
International Labour Conference, 110th Session, 2022.
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_845252.pdf
34 Anera. 2020. Understanding agriculture in the Palestinian territories and how aid can help. In: Anera – The Olive Press Blog. Washington, DC. [Cited
7 June 2024]. https://www.anera.org/blog/how-aid-can-help-agriculture-in-palestine
35 International Monetary Fund. 2023. West Bank and Gaza: Selected issues. IMF Staff Country Reports 23/327.Washington, DC.
https://doi.org/10.5089/9798400253843.002
36 FAO. 2017. Evaluation of FAO’s programme in West Bank and Gaza Strip 2011–2015: Annexes. Rome.
https://www.fao.org/publications/card/en/c/79dcf81e-26b6-46f7-9e81-2ec352903cbd
37 European Union. 2023. One year report on demolitions and seizures in the West Bank, including East Jerusalem Reporting Period: 1 January – 31
December 2022. Brussels. https://tinyurl.com/2vuz3tat
38 United Nations – Palestine. 2023. UN calls for protection of olive trees and of palestinian farmers amidst escalating Israeli settler violence – World
Olive Tree Day 2023. In: United Nations – Palestine. Jerusalem.
https://palestine.un.org/en/253865-un-calls-protection-olive-trees-and-palestinian-farmers-amidst-escalating-israeli-settler
39 Palestinian Central Bureau of Statistics. 2023. About USD 2 million direct daily losses in agricultural production in Gaza Strip as a result of the
cessation of the agricultural production. https://www.pcbs.gov.ps/site/512/default.aspx?lang=en&ItemID=4643
40 Norwegian Refugee Council. 2015. Types of land ownership in Gaza. Oslo.
https://www.nrc.no/globalassets/pdf/fact-sheets/types-of-land-ownership-in-gaza-icla-hlp-fact-sheet.pdf
41 Fayyad, M. & Al-Sinnawi, A.R. 2023. Challenges of sporadic land registration in Palestine. Land Use Policy, 131: 106723.
https://doi.org/10.1016/j.landusepol.2023.106723
42 Norwegian Refugee Council. 2012. A guide to housing, land and property law in Area C of the West Bank. Oslo.
https://www.nrc.no/resources/reports/a-guide-to-housing-land-and-property-law-in-area-c-of-the-west-bank
43 UN Habitat. 2015. Spatial planning in Area C of the Israeli occupied West Bank of the Palestinian territory. Report of an International Advisory
Board, pp. 17 and 18. Nairobi. https://unhabitat.org/sites/default/files/download-manager-files/IAB%20Report%20on%20Area%20C.pdf
44 World Bank. 2018. The socio-economic effects of weak land registration and administration system in the West Bank. Washington, DC.
45 FAO. 2011. Palestinian Land Authority. Presentation. Rome.
https://www.fao.org/fileadmin/user_upload/nr/land_tenure/pdf/18-SaharJalladOpenSource.pdf
46 LANDac & Royal Tropical Institute. n.d. Palestinian Territories. Food Security and Land Governance Factsheet. Utrecht, The Kingdom of the Netherlands.
https://www.landgovernance.org/wp-content/uploads/2019/09/Palestinian-Territories-Factsheet-20121.pdf
47 UN Habitat. 2024. Land governance and land rights in Palestine – analysis and recommendations. Nairobi.
https://unhabitat.org/sites/default/files/2024/02/land_governance_and_land_rights_in_palestine_analysis_and_recommendations.pdf
48 Norwegian Refugee Council. 2015. Fact sheet 2: Unregistered private land in Gaza. Gaza Housing, Land and Property Rights Series. Oslo.
https://www.nrc.no/globalassets/pdf/fact-sheets/unregistered-private-land-in-gaza-icla-fact-sheet.pdf
Contact
Rural Transformation and Gender Equality Division (ESP) – Economic and Social Development Stream
[email protected]
https://www.fao.org/economic/social-policies-rural-institutions
Food and Agriculture Organization of the United Nations
Rome, Italy
Required citation: FAO. 2024. Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank
CD1805EN/1/08.24