Attachments
I. INTRODUCTION:
The 2023 war in Gaza is regarded as exceptional due to the unprecedented scale of destruction and displacement it has caused. As of February 22nd, 248,356 of the Gaza Strip’s housing stock, 70% of its commercial facilities, 47% of all roads, 67% of health facilities, 59% of educational institutions, and 50% of WASH instalments have been either damaged or destroyed according to the Ministry of Public Works and Housing (MoPWH). Consequently, the path to reconstruction is arduous, with internally displaced persons (IDPs) anticipated to endure transitional housing for 5-7 years, amidst a labyrinth of legal complexities.
Navigating the legal landscape governing housing, land, and property (HLP) in Gaza is a formidable challenge. It comprises an intricate web of Othman, British, Egyptian, Palestinian, and Gaza's de facto authority laws and regulations, with no unified land law in place. In addition to this, Israel is unilaterally imposing military orders concerning HLP issues, including declaring military-only buffer zones and developing military infrastructure on Palestinian-owned lands. Not only does the legal terrain surrounding land ownership present confusion and complexity but also 30% of Gaza's land remains unsurveyed (primarily privately owned) and remains unregistered. The five primary land categories in Gaza—private land (Tabo), unregistered private land, state land, Waqf land, and land with special statuses and distinct rights for owners or occupants, such as UNRWA land and project housing, further compound the intricacy.
According to data collected in the aftermath of the 2014 war, land ownership in the Gaza Strip was predominantly private in the two most affected governorates at the time (North Gaza and Gaza), except for Um An Nasser in North Gaza, which was entirely publicly owned. Public or Waqf lands constituted only small areas in these governorates. In the other three governorates (Deir Al Balah, Khan Younis, and Rafah), land ownership classification varied between public and private, with Waqf lands comprising a very small area (2014 Gaza Urban Profile).
The most common HLP issues identified in Gaza encompass a range of challenges. These include tenure discrimination leading to inequitable assistance, loss of property boundaries due to widespread destruction, inheritance issues, loss of HLP documentation, the destruction of property records resulting from the damage to the Land Authority and the Income Tax Property Authority, limited access to land for shelter and livelihoods, difficulties in accessing natural resources, forced eviction, secondary occupation of land, the presence of unexploded ordnance on land, and occurrences of land grabbing. These disputes impede the provision of durable shelter/WASH services and other humanitarian assistance, give rise to protection challenges, and threaten the security of tenure.
As the momentum of reconstruction efforts in Gaza intensifies and thousands of displaced individuals seek to reclaim their land, the critical need arises to establish unambiguous ownership rights, especially for historically vulnerable groups, including women and refugees, amongst others. This essential step must be taken before proceeding with any rebuilding initiatives, the establishment of collective centres, or the allocation of reconstruction grants. These initiatives may also include transitional shelter options such as prefabricated units on determined sites; transitional shelter cash assistance (including host family/rental support); Finishing off unfinished units (OFC); temporary change of use of non-residential buildings, tents, or makeshifts on individual plots as viable alternatives. Furthermore, collective rights, including those related to debris and rubble management, must be properly addressed.