Safeguarding the Poor

*This article is part of a series*

       Dispossession and economic oppression flourished unchecked during Ottoman times. It was not until the arrival of British rule in Palestine that anything resembling a humane treatment of the peasant class took shape. Over the years as the British saw a need, they enacted and modified legislation to protect tenant farmers from evolving threats to their livelihood.

       Several of the measures the British instituted went so far in protecting tenant farmers that they began infringing upon the rights of owners to sell and buyers to buy. This concern was noble, as any concern for the poor is, but ultimately proved to be too intrusive into activities Arabs and Jews felt they were freely entitled to; both Arab land owners and Zionist purchasers found ways of circumventing these laws to varying degrees. Even though not all of the measures detailed below proved totally effective, it at least illustrates the concern for the fellahin that simply did not exist before.


From the 1920s and onwards, "almost a dozen major investigatory reports were written, and an unprecedented number of Palestinian laws were proposed or enacted which focused exclusively on the burdensome economic difficulties facing the majority rural population. In addition, a 'landless' Arab inquiry was completed by the Palestine administration. While the reports and statistical inquiries which were issued aimed at evaluating and enumerating the economic well-being of the rural population, the ordinances which were either proposed or promulgated focused on every conceivable means to keep the peasant leashed to his land. These Palestine laws included the 1928 Land Settlement Ordinance, the 1929 and 1933 Protection of Cultivators Ordinances and their amendments, the 1931 Law of Execution Amendment Ordinance, the 1932 Land Disputes Possession Ordinance, the proposed but not passed 1933 Musha' Lands Ordinance, the 1934 Usurious Loans Ordinance, the proposed but not passed Damages Bill of 1935, and the 1936 Short Term Crops Loan Ordinance."1


       Some of the noteworthy features of the many laws and ordinances to protect tenant farmers were:

  1. Set aside sufficient land on the purchased lot for the continued sustenance of the tenants
  2. Ban the eviction of tenants in good standing
  3. Provide alternate land for tenants to move to if evicted
  4. Give the tenant being evicted one year's notice
  5. Ensure alternate land was in the same vicinity from which they were moved
  6. Cover all moving costs to new land with government funds
  7. Irrigate and/or deep-plow new land if need be
  8. Require compensation be paid, including for any crops left behind
  9. Mandate that tenant farmers continue in a familiar occupation


"The most important result of partition and land reform has been the settlement of long-standing disputes and the achievement of security of tenure. The influential landholder, under the new regime, finds it more difficult to encroach on the weak, and the holders of land in fee simple can improve their land with the assurance that they themselves will enjoy the benefits of increased yield and enhanced value. … Further, the assessment of the land tax is no longer a matter of guess work, or of the biased opinion of interested parties. The tax on land is fixed for each parcel according to its assessed value."34


Concession Through Aggression

       Despite the unprecedented effort to safeguard the peasant class, the Palestinian Arab leadership orchestrated a massive three-year-long strike characterized by rioting, violence, and murder. It was directed against the British government and Jewish communities, though it eventually devolved into an internal war among Arab politicians. Two major complaints fueling this strike were continued Jewish immigration and Jewish land purchases.

       The British caved under the pressure and exclusively penalized the Jewish community in an attempt to passify Arab outrage. A White Paper was issued in 1939 that capped Jewish immigration and severely restricted where Jews could buy land. Reminiscent of apartheid South Africa where the Land Act of 1913 prevented blacks from owning land in all but 10% of the country and encouraged segregation26, the Land Transfer Clause in Palestine (implemented in 1940) allowed for Jewish land purchases in only 5% of Palestine without restrictions. 63% of the land was entirely off limits, while 32% of the land required a special permit from the High Commissioner.27

       So belligerently racist was Britain's land restriction that a joint Anglo-American report conducted in 1946 concluded, “The Land Transfers Regulations of 1940 sought to protect the Arab tenant and small owner by prohibiting the sale of land save to a Palestinian Arab in one zone, by restricting such sales in another, and allowing unrestricted sale of land only in the third zone. Their effect has been such as to amount to discrimination against the Jews; their tendency is to segregate and keep separate Arabs and Jews."28


Ripple Effect

       The Land Transfer Clause carried unintended consequences for the Palestinian Arab community. First of all, it viewed Arabs as a people with so little foresight or understanding that their decisions had to be made for them. As if they suffered from an irresponsible lust for money that interfered with any rational choices they would have otherwise made, their option to sell was simply taken away. Jews weren't able to freely buy land in 95% of Palestine which meant Palestinian Arab small landholders were not able to sell land freely in 95% of Palestine.


"Landowners who feared that their property would lose value because it was in areas where sale to Jews was forbidden put their holdings on the market as soon as the law was published but before it went into effect. Many villagers now needed money and consented to sell their land; lawyers and government officials agreed to help conclude the deals under the table."29


       In fact, "After the application of the Land Transfer Regulations in 1940, Sir John Shuckburgh of the Colonial Office remarked that 'the Arab landowner [needed] to be protected against himself.'"30 Kenneth Stein remarks, "In 1940, the British changed their role from umpire to advocate. The land transfer restrictions were as much an effort to stop Jewish land purchase as to protect the Palestinian Arab against his own willful indiscretion."31

       "The gambit took advantage of exceptions to the areas in which Jews were forbidden to buy land. For example, such purchases were permitted when the land was offered for sale by the courts because of the landowner’s debts, or when the landlord owed money to Jews and wished to repay his debt in real estate rather than in cash. KKL found ways to take advantage of these provisions. One fairly simple method was to locate Arab landowners who were debtors and had open files in the executor’s office. KKL representatives contacted these debtors and offered large sums of money for their land. Once the property owner agreed, the sellers applied to the executor’s office and put the land up for auction. In some cases KKL offered larger sums than other bidders, and in other instances there were no other bidders; the two sides in the deal would conclude it in the presence of Jewish officials in the executor’s office in Tel Aviv before anyone else got involved.
       In spring 1943 ... [the] Jews had, since the publication of the restrictions, used this method to purchase more than 20,000 dunams in the Gaza district alone. Some in the British administration disputed this estimate, but not the fact that the method was in use. ... The debtors were free to sell as much as they wished – and some did. It was clear to all that these were voluntary transactions, and that the Arab sellers were no less interested in them than the Zionists. But the governor of the Gaza district maintained that the administration nevertheless had to take steps to halt the practice."
32

       Cancelling one's right to sell private property is as unjust as expropriating it, but on the other end of the spectrum. Especially since doing so amounted to preventing debt-ridden Arab landowners from taking advantage of the traditionally high prices Jews were willing to pay for land and paying off their debt with perhaps some money to spare. It also robbed Arabs of their option to sell their land and transition to non-agricultural trades that were becoming more prominent (and much more profitable) as Palestine modernized.

"Yehoshua Hankin told Hope-Simpson at the JNF office in June 1930 that 90 percent of the sellers were immersed in debt and were seeking relief by selling their lands. The economic situation of the majority rural Arab population had not improved since the end of World War I, and their economic condition in the early 1930s worsened."33



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Navigate this series:

Part 1 - Introduction to Dispossession in Palestine
Part 2 - Arab Dispossession Methods
Part 3 - Jewish Dispossession Methods
Part 4 - How Many were Disposessed?
Part 5 - Arab Land Sales
Part 6 - Preventing Dispossession
Part 7 - Improvements for the Fellahin






Footnotes:
1  Stein, Kenneth W. One Hundred Years of Social Change: The Creation of the Palestinian Refugee Problem. 1991.
2  Stein, Kenneth W. "Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine. <http://www.ismi.emory.edu>
3  Anglo-American Committee of Inquiry on Jewish Problems in Palestine and Europe. A Survey of Palestine Prepared in December 1945 and January 1946 for the Information of the Anglo-American Committee of Inquiry. [Jerusalem?]: Printed by the Government Printer, Palestine, 1946. 45.
4  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
5  French, Lewis. "Supplementary Report on Agricultural Development and Land Settlement in Palestine", Director of Development, Jerusalem, April 20, 1932
6  Report by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland to the Council of the League of Nations of the Administration of Palestine and Trans-Jordan, 31 December 1933
7  Anglo-American Committee of Inquiry on Jewish Problems in Palestine and Europe. A Survey of Palestine Prepared in December 1945 and January 1946 for the Information of the Anglo-American Committee of Inquiry. [Jerusalem?]: Printed by the Government Printer, Palestine, 1946. 290.
8  League of Nations. Report by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland to the Council of the League of Nations on the Administration of Palestine and Trans-Jordan for the year 1931. 31 December 1931.
9  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
10  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
11  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
12  French, Lewis. "Supplementary Report on Agricultural Development and Land Settlement in Palestine", Director of Development, Jerusalem, April 20, 1932
13  French, Lewis. "Supplementary Report on Agricultural Development and Land Settlement in Palestine", Director of Development, Jerusalem, April 20, 1932
14  French, Lewis. "Supplementary Report on Agricultural Development and Land Settlement in Palestine", Director of Development, Jerusalem, April 20, 1932
15  The Tenants of Wadi Hawarith: Another View of the Land Question in Palestine" by Raya Adler, International Journal of Middle East Studies, Vol. 20, No. 2. (May, 1988), pg. 203.
16  The Tenants of Wadi Hawarith: Another View of the Land Question in Palestine" by Raya Adler, International Journal of Middle East Studies, Vol. 20, No. 2. (May, 1988), pg. 209.
17  French, Lewis. "First Report on Agricultural Development and Land Settlement in Palestine," Director of Development, Jerusalem, December 23,1931
18  Anglo-American Committee of Inquiry on Jewish Problems in Palestine and Europe. A Survey of Palestine Prepared in December 1945 and January 1946 for the Information of the Anglo-American Committee of Inquiry. [Jerusalem?]: Printed by the Government Printer, Palestine, 1946. 290-291.
19  Anglo-American Committee of Inquiry on Jewish Problems in Palestine and Europe. A Survey of Palestine Prepared in December 1945 and January 1946 for the Information of the Anglo-American Committee of Inquiry. [Jerusalem?]: Printed by the Government Printer, Palestine, 1946. 291-292.
20  Anglo-American Committee of Inquiry on Jewish Problems in Palestine and Europe. A Survey of Palestine Prepared in December 1945 and January 1946 for the Information of the Anglo-American Committee of Inquiry. [Jerusalem?]: Printed by the Government Printer, Palestine, 1946. 292-294.
21  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
22  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
23  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
24  HANSARD. Land Ownership and Tenancy HC Deb 17 June 1936 vol 313 cc974-5.
25  Stein, Kenneth W. The Land Question in Palestine, 1917-1939. Chapel Hill: University of North Carolina Press, 1984. 142.
26  Bookman, Milica Zarkovic. The Demographic Struggle for Power: The Political Economy of Demographic Engineering in the Modern World. London: Frank Cass, 1997. 176.
27  Cohen, Hillel. Army of Shadows: Palestinian Collaboration with Zionism, 1917-1948. Berkeley: University of California Press, 2008. 189.
28  Anglo-American Committee of Inquiry. April 20, 1946.
29  Cohen, Hillel. Army of Shadows: Palestinian Collaboration with Zionism, 1917-1948. Berkeley: University of California Press, 2008. 190.
30  Stein, Kenneth W. The Land Question in Palestine, 1917-1939. Chapel Hill: University of North Carolina Press, 1984. 219
31  Stein, Kenneth W. Legal Protection and Circumvention of Rights for Cultivators in Mandatory Palestine
32  Cohen, Hillel. Army of Shadows: Palestinian Collaboration with Zionism, 1917-1948. Berkeley: University of California Press, 2008. 192.
33  Stein, Kenneth W. "The Jewish National Fund: Land Purchase Methods and Priorities, 1924-1939". Middle Eastern Studies. Volume 20 Number 2, April 1984. 190-205.
34  Crist, Raymond E. "Land for the Fellahin, VIII: Land Tenure and Land Use in the Near East". American Journal of Economics and Sociology, Vol. 18, No. 4 (Jul., 1959). 423