A brief update on the JNF campaign to evict a Palestinian family from Silwan in East Jerusalem

Thanks to our efforts and those of our partners at Rabbis for Human Rights in North America and in Israel, JNF-KKL and its Himnuta subsidiary have decided to freeze the eviction of the Sumarin family from their home of over 40 years in Silwan, East Jerusalem. We believe that JNF and Himnuta are now looking to sell the Sumarin family home.

In the past, when JNF has sold such homes in East Jerusalem to the Israeli government, the government has finished the job of evicting Palestinian families. This happened, for example, in the case of the Ghozlan family.

We’re watching closely, and holding JNF’s feet to the fire: we've told JNF that we will hold it accountable if it knowingly sells the Sumarin home to a party that is likely to continue efforts to evict the family.

And we’re ready to focus our and the American Jewish community's protests on the Netanyahu government if it tries to push more Palestinians out and bring more Jewish settlers in as part of a campaign to help the Elad settler organization "Judaize East Jerusalem."

Through a combination of external pressure and internal persuasion, we convinced JNF to stop the eviction of the Sumarin family.

Help us insure that whoever JNF sells the home to faces staunch opposition from American Jews if the new owner tries to renew the eviction process against this or other Palestinian families in East Jerusalem, inflaming Jewish-Arab tensions and undermining the prospects for peace.

Support the Campaign for Bedouin-Jewish Justice in Israel with a tax-deductible gift to Rabbis for Human Rights-North America earmarked for our Campaign.

JNF delays eviction of Palestinian family from East Jerusalem home (Ha'aretz)

Together, we stopped JNF from evicting a Palestinian family of 12 in East Jerusalem! Congrats to everyone who answered our call and sent the message to JNF leaders that American Jews and all who care about Israel won't sit idly by while JNF pushes Palestinians out so that Jewish settlers can take over their land and homes.

JNF had the chutzpah to deny their involvement after we launched this action together with Rabbis for Human Rights-North America and RHR in Israel, with Sheikh Jarrah Solidarity Movement bringing activists to the house. We showed JNF was behind this - thanks to the intrepid work of Hagit Ofran of Peace Now's Settlement Watch - and JNF stepped back from causing what would have become a major international incident. You made a difference!

By Nir Hasson, Ha'aretz

Eviction order initially issued requiring the 12 members of the Sumarin family to be out of the property by Sunday; Jewish National Fund has been trying to evict them since 1991.

At the last minute on Thursday night, the Jewish National Fund announced a delay in the eviction of 12 members of a Palestinian family from the house where they've been living in the East Jerusalem neighborhood of Silwan. An eviction order had initially been issued requiring the Sumarin family to be out of the property by Sunday.

Police and bailiff's office officials had already toured the house, preparing for the possibility that the family would have to be physically removed from the premises. A Jewish National Fund subsidiary, Himnuta, has been trying to get the family out of the house since 1991, saying it owns the premises having acquired it that same year. The house had previously been acquired by the Custodian of Absentee Properties, after original owner Musa Sumarin passed away in 1983 and his three heirs were all living abroad.

	The Sumarin family in their contested Silwan home earlier this month.
	Photo by: Michal Fattal

The JNF attempted to downplay its connection to the site, referring inquiries to Elad, a group that has been bringing Jews to live in East Jerusalem and obtaining leases for much of the property Himnuta acquired in Silwan.

Following an initial report on the matter ten days ago by Haaretz, the left-wing groups Rabbis for Human Rights and the Sheikh Jarrah Solidarity Movement launched a campaign against the JNF, including its American affiliate.

Following the campaign, the JNF announced that it was not a party to the eviction case, claiming that Elad had pursued the action without any connection to the Jewish National Fund.

Their announcement also took Rabbis for Human Rights to task for not checking the facts. The statement said the JNF had leased the property where the Sumarin family is living to Elad in the early 1990s, as a result of Elad's archaeological activities in the area. The JNF said it has no control or responsibility for what was done at the property and any issue is between the Sumarin family and Elad.

The legal documents in the eviction action, however, show that Himnuta, a wholly-owned JNF subsidiary, was the party that brought the current legal action.

The eviction action has been going on for 20 years, before four different courts, and in each case Himnuta was the plaintiff in the matter; Elad was never a legal party to the action. Himnuta is also pursuing two other eviction cases in the neighborhood. It should be noted, however, that the lawyers representing Himnuta represented Elad in other eviction actions in Silwan.

For its part, the JNF said the court ordered the Sumarin family to leave the premises in 2006 and family members have rebuffed efforts to seriously discuss a resolution of the case. Nonetheless, the JNF said, additional time would be granted to resolve the issue. Elad did not comment.

Facts show JNF behind eviction of Palestinian family in Silwan, East Jerusalem, despite denial, by Hagit Ofran

Following the Rabbis for Human Rights’ action alert, calling on JNF not to evict the Sumarin Palestinian family in Silwan, JNF published a response basically claiming: “It’s Not Us! It’s the Settlers!” Meanwhile, the Jewish group Yachad in the UK published a similar call.

According to JNF’s response, “KKL-JNF leased the land to Elad in the early ‘90’s … KKL-JNF has no rights, control, or responsibility in this issue at all.” In fact, as the Eviction Order proves, all legal action against the Sumarin family has been taken by Himnuta (which is wholly owned by JNF). The Elad settlers were never mentioned in any of the lengthy legal proceedings against the Sumarin family. So even if Himnuta did lease the property to Elad in the 90′s, the eviction process is being done in Himnuta’s name.

The Announcement of Eviction that the family received from October 2, 2011, ordering the eviction of the Sumarin family, explicitly states that the eviction is "for the benefit of Himnuta, located in the KKL-JNF building in Jerusalem:"

For the full document click here

Worse still, if JNF honestly believes that nothing has been done in their name, they have in effect decided to let the settlers use their name and given up all responsibility for the public they represent. What would JNF say about all the other properties they gave to the settlers in Silwan: that they didn’t know?

There are other families in Silwan that are still under threat of eviction by Himnuta, fighting in courts against the well-funded lawyers working in JNF’s name. JNF can no longer say “we didn’t know.” JNF must take action and withdraw any legal action to evict Palestinians from their homes. I call on the JNF: Don’t let the settlers use your name against families to create facts on the ground that are morally wrong and could be politically disastrous for Israel.

Tell JNF not to evict Palestinians from East Jerusalem

Hagit Ofran, Peace Now, Settlement Watch: Eyes on the Ground in East Jerusalem

How has Israeli law been used to unfairly expropriate homes and land from Palestinians in East Jerusalem?

Tell JNF CEO Russell Robinson: End JNF’s role in expulsions or demolitions of Palestinian and Bedouin homes, whether in the Negev or East Jerusalem.

Twenty years ago, an ultra-nationalist Israeli government bent on expanding Jewish control in East Jerusalem took legal possession of the Sumarin home under what is known as the Absentee Property Law. The owner of the house, Musa Sumarin, passed away in 1983. At the time of his death, all three of his sons, declared by the government to be his heirs to the property, were out of the country. Even though other members of the Sumarin family continued to live there, the State declared that the home should be considered Absentee Property, and turned it over to the Custodian for Absentee Properties.

The government then transferred the Sumarin home to JNF subsidiary Himnuta, along with seven other properties in Silwan, in exchange for other lands located in Wadi Ara. Himnuta, in turn, transferred many of the other properties to ELAD, which has been criticized as an extremist settler organization because of its aggressive role in expropriating Palestinian homes and land in Silwan and transferring them to the control of Jewish settlers. Himnuta then entered into a legal struggle to force the Sumarin family from their home in Silwan.

The Absentee Property Law had not been applied to houses that were inhabited by Palestinians in East Jerusalem until the 1980s, when settler groups, in cooperation with Israel’s Housing Ministry, then under Ariel Sharon, started to use the law to take control of Palestinian homes and lands in Silwan.

An investigative committee convened by the government of Yitzhak Rabin in 1992 (the Klugman Committee) found that the takeover of Arab property in East Jerusalem was conducted through the use of false affidavits, misapplication of the Absentee Property Law, and the transfer of public property and millions of shekels in public funds to private settler organizations.

In 2005, Himnuta filed suit to evict the Sumarin family. The court ordered the family to evacuate their home and to pay Himnuta damages of NIS 2 million. About two months ago Himnuta obtained an eviction order for November 28, 2011.

Attorney and expert on Jerusalem Danny Seidemann has written us privately as follows:

“Virtually all of the JNF/Himnuta lands in the Wadi Hilweh section of Silwan – almost 1/3 of the total area - have been handed over covertly to the settler organization ELAD. On May 5, 1998, senior JNF/Himnuta official Avraham Halleli testified before the Jerusalem District Court:

'To the best of my knowledge, all of the JNF areas [in Silwan] were leased by the ILA to the ELAD Association…it is the lands policy of JNF… that [its lands] be leased to Jews for the purposes of Jewish settlement in the Land of Israel.'”

What is Himnuta?

JNF established Himnuta in the 1930s, mainly to circumvent legal restrictions on its own land dealings. Under Israeli law, Israel’s Development Authority and the Israel Land Administration are required to administer their assets without discrimination based on nationality. Himnuta was registered under Jordanian law in Ramallah in 1971 so that it could lawfully operate and buy land in the occupied territories, which JNF says it does not do.

“JNF and Himnuta operate according to a JNF memo that provides that its assets be leased or transferred to the possession of Jews only.” (Hagit Ofran, “The Eviction of One Palestinian Family Might Cause the Next Political Crisis Over East Jerusalem,” HuffPost World, Nov. 17, 2011.) “In order to bypass the requirement of equality, the authorities in the early 1990’s used the JNF and Himnuta to transfer property in Silwan [in East Jerusalem] to Jewish settlers.

Himnuta’s offices are located in the JNF’s Jerusalem headquarters. JNF owns 100% of Himnuta’s 30,000,000 company shares. The head of Himnuta, David Lazarus, also serves as KKL-JNF’s CFO.

What is the Absentee Property Law?

The Absentee Property Law is used by Israel to take over land belonging to Israeli Arabs or Palestinians. If an owner is not physically present, the land can be given to the Custodian. The Custodian almost always either transfers the property to Jewish ownership or allows the State to use it for Jewish needs. In violation of the Jewish principle prohibiting acting "eifah v'eifah (acting according to double standards), this law is not used to take over Jewish owned property, and the Custodian would never allow the land to be used by non-Jews.

The use of the Absentee Property Law in East Jerusalem, while technically within the government’s “legal” purview, is highly controversial. Following Israel’s annexation of East Jerusalem in 1967, according to Ir Amim, “then-Attorney General Meir Shamgar issued an opinion that there was no justification to apply the Absentee Property Law to East Jerusalem.”

Go here to see how the Israeli government has used the law to confiscate land from Bedouin in the Negev and Palestinians in the West Bank.