Arab-owned land and losses in Palestine – UNCCP – Letter/Memo from Palestine Arab Refugee Congress

---

UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE

Letter dated 25 February 1950 and Memorandum

received by the Principal Secretary of the Conciliation Commission from

the Palestine Arab Refugee Congress

Sir, I have the honour of forwarding you the accompanied Memorandum on the question of Arab property, and losses in the Jewish-occupied area of Palestine,

This Memorandum was prepared, upon request of our Executive Committee, by Mr. Semi Hadawi, formerly Land Officer (Taxation) in the Mandatory Administration of Palestine. It contains a comprehensive and accurate study on Arab property, both before and after the hostilities in Palestine, as well as suggestions regarding the possible cooperation that the United Nations bodies may give with a view to the satisfactory implementation of the General Assembly Resolution of 11 December 1948, which fully recognized Arab proprietary rights in Palestine.

I would appreciate it very much that you kindly transmit this Memorandum to the Conciliation Commission now sitting in Geneva, and that you eventually inform our Committee of the reactions of the members of the Commission regarding the constructive suggestions contained in document.

With the expressions of in higher consideration,

Yours faithfully,

Sgd/ AZIZ SHIHADEH,

Secretary General of

the Executive Committee

RAMALLAH, 25 February 1950.

MEMORANDUM

ON THE SUBJECT OF ARAB PROPERTY AND LOSSES IN

PALESTINE AS A RESULT OF THE JEWISH OCCUPATION

I. Almost two years have passed since the British withdrawal from Palestine and the occupation of the major part of the country by the Jews. It is also just over a year since the General Assembly of the United Nations Organization took its decision of the 11th of December 1948, confirming the right of payment of compensation for losses maintained to property, and to those Arabs who have no desire to return to their homes.

2. Notwithstanding all that happened in Palestine, neither the Palestine Arab organizations or bodies nor the Arab Governments who took upon themselves to protect the interests of the Palestine Arab, took any steps to find out the extent of Arab property and losses in Palestine.

3. The onus of responsibility for this inactivity rests in the first place on the Palestine Arabs themselves, but their present plight and dispersal through out the Arab countries and their financial and moral embarrassments make it impossible for them to undertake such an investigation without the full financial support and help of the Arab Governments or the United Nations Organization.

4. Much has so far been said in the Press, and many statements have been made by representatives of the Arab Governments and others to the effect that Arab property in Palestine must be returned to its individual owner and that compensation must be paid to those who have suffered losses and to those who do not wish to return to their homes, and despite all this no effort has been made to start effective action. And while the Arabs stand idle, it is learned from the Press that the Jews have set up a special department to deal with Jewish losses, and it is understood that the collection of the necessary data has already been completed and that they estimate their losses at over eight million pounds.

5. It is a fact beyond argument that the collection of information regarding Arab property and losses in Palestine will be of benefit to the Arab refugees when the question of their destiny ultimately comes up for discussion; and further, it will assist the Arab delegates in their negotiations for an equitable and just settlement. The longer this problem is delayed, the more difficult and disastrous will its effects be on the life of the individual Arab family.

6. In order to give an idea of the magnitude of the problem, the following is a summary of the land area of Palestine before the termination of the Mandate, classified according be its agricultural productivity and ownership as between Arab, Jew, the Government, and other communities living and owning land in Palestine:-

* Area of Roads and Railways. NOTE: 1 metric dunum — 1000 square metres.

7. The position following the termination of the Mandate and as a result of the Palestine Armistice Agreements now stands as follows: –

8. The extent of Arab owned land in the Jewish controlled area of Palestine is shown in the following table:-

9. It will be observed from the tables in paragraphs 6, 7 and 8 of this memorandum that the extent of Arab-owned land in Palestine is considerable and that Jewish-owned land as compared to the total Area of the country is less than 6%.

10. Apart from personal losses, the Palestine Arabs as a community are entitled to a share in the country’s assets and wealth. It is essential that a record of assessment should be made of all Government property, such as public lands and buildings, post and telegraph installations, ports, railways, roads, etc., so that when the question of their settlement comes up for discussion with the British Government and the Jews, the Arab Governments will have sufficient material in support of their case an behalf of the Palestine Arabs.

11. The work involved in the survey of Arab losses is outside the competence of any individual body or organization, and it is questionable whether it will be of any value if undertaken by one single-Arab Government, as such endeavour will be incomplete since the Palestine Arabs are dispersed throughout the Arab world. It is therefore an operation which should be undertaken under the auspices of either the Arab League or the Clapp Mission, as either of these two institutions possesses the financial means and influence to carry it out successfully

12. It is suggested that an organization be set up without further delay, headed by one who has had vast experience and possesses considerable knowledge of work of this nature assisted by persons who have intimate knowledge of the country and conditions therein prior to the termination of the Mandate. This organization should have branches in the Hashemite Kingdom of Jordan, Syria, Lebanon and Egypt, where the bulk of the Palestine refugees exist. The functions of the branch organization should be:

(a) To contact the refugees and collect particulars of their property and losses in Palestine (on a form to be prescribed), as under:-

(i) Extent of vacant lands and buildings in urban areas and their values at date of acquisition or construction;

(ii) Areas of citrus groves and other agricultural lands and their values on 15 May 1948;

(iii) Nature of losses of household effects and their values;

(iv) Nature of contents of offices and business premises, such as office furniture, merchandise, machinery, etc., with quantities and values;

(v) Value of agricultural produce, such as citrus, olives, oil, other fruits, etc. for the years following the termination of the Mandate;

(b) To collect particulars of lands and buildings owned by the Government and to value them.

(c) To obtain information regarding all assets of the Government and to value them.

13. The duty of the Head Office should be to examine as far as possible the accuracy of the material received from the branch offices and tabulate it under its respective headings, and to value immovable property at the prices prevailing in 1947 prior to the commencement of the disturbances and to assess in terms of money Arab losses and damages so far incurred.

14. The establishment required for such an organization depends on the amount of work involved in each country, but it must be realized that only persons fully qualified in valuation and statistics should be selected for the “key” positions.

Prepared by the “PALESTINE ARAB REFUGEE CONGRESS”,
by:

SANI HADAWI

Former Land Officer (Taxation)

Department of Land Settlement,

Palestine:

1 February 1950.