1st Edition

Indigenous Land Rights in Israel A Comparative Study of the Bedouin

By Morad Elsana Copyright 2021
    190 Pages
    by Routledge

    190 Pages
    by Routledge

    Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights.

    Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system.

    Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

    1. Introduction

    2. Background

    3. Dispossession of Bedouin land

    4. Protection of indigenous peoples’ land rights under international and regional systems

    5. Recognition of indigenous peoples’ land rights

    6. Land recognition: application of the customary land rights model on the Bedouin case


    Morad Elsana is a research scholar and professional teacher at the American University (DC). Prior to this role, he served as a visiting assistant professor of law at the Californian Western School of Law, fellow of the Israel Institute. Elsana is the recipient of several prestigious fellowships such as The Fulbright Outreach fellowship; The NIF Civil Rights Leadership fellowship; and the McGill University "Middle East Program for Civil Society & Peace Building" fellowship. His research focuses on human rights, indigenous peoples’ rights, legal pluralism comparative law, racial justice, and the Arab Minority in Israel.