Even in cases where Palestinians are not defined as absentees, proving their ownership is difficult under the Israeli system. Many Palestinian landowners have documents originating from the Ottoman or Jordanian periods that Israel does not recognize. For instance, this is the case in Batn al-Hawa, where Palestinian residents purchased their homes under Jordanian rule (before 1967) so their ownership papers are Jordanian. Israeli courts have agreed that the land was legally purchased but ruled that Israel’s 1970 Legal and Administrative Matters Law means the property is endowed to Jews and must be handed over to them.
“Palestinians know that if they make a claim, then the Custodian of Absentee Property can check it, and then he can find during the chain of ownership transitions somewhere [that] someone was an absentee . . . and register [the property in] his name or on the name of the authority that he transfers the lands to,” Yanovski said. “This is now the biggest fear regarding settlement of land title, because Palestinians find themselves in a catch-22.”
So far, SOLT has been completed in 50 blocs of land covering 2,300 dunams (about 569 acres) in East Jerusalem. These are mostly open areas or lands next to Palestinian neighborhoods. An overwhelming majority of the land—80 percent—has been registered to state entities—including the Custodian of Absentee Property, General Custodian, Jewish National Fund (JNF), and the municipality of Jerusalem. About 5 percent has been registered to Jews in both private and commercial capacities and only 1 percent to Palestinians.7
“This is shocking. Palestinians are 40 percent of the population of the city and they don’t deserve any of the pie?,” architect Sari Kronish at Bimkom told Jerusalem Story.8