Posts Tagged ‘Ottoman’

2. Egyptian Population Migrations into Palestine

Sunday, September 28th, 2008

Palestinian Arabs have long argued that they have been indigenous to the area for generations- indeed some claim from time immemorial. This may be true for a segment of the population living in the hill country but in the remainder of Palestine, the reality is otherwise: there were considerable Egyptian and other Arab population movements into and out of Palestine taking place.

The indigenous population of the plains, such as it was, was migratory in character. In addition to the insecurity created by marauders, the environmental, physical economic conditions of the area were hard. Fellahin would come, settle for a short time and move on when living conditions became intolerable. In particular, other than in the hills, rural settlement was threatened by Turkoman devastation. However the Arab population increased beyond its natural birth rate due to significant migration into Palestine from Egypt fleeing from compulsory military service 1839 – 1849 or forced labour on the Suez Canal construction 1858-1869.

a.   Inward Arab Settlement of Palestine pre 1918

Inward migratory settlement came from both Ottoman (Turkish) and Egyptian sources:

i.    Ottoman Grant of Asylum to Muslim Refugees

The Ottomans granted asylum to Moslem refugees fleeing from their homelands for political and religious reasons:

  • After the French conquest of Algeria in 1830, many Algerians settled in Lower and Upper Galilee.  This region also attracted other immigrant Moslem Arabs from Damascus, and Kurds from Syria;
  • In 1878, the Ottomans permitted Circassian refugees fleeing from Christian-Russian rule in the Caucasus to settle in cis- and trans-Jordan;
  • Turkoman tribes from the mountains of Iraq were allowed ultimately to settle on the slopes of Mount Carmel;
  • In 1908, Arabs from Yemen settled in Jaffa.

ii.      Egyptian Émigrés

One of the most important Arab migrations into Palestine came from Egypt during the early and min-nineteenth century.

  • Egyptian Army Conscription
  • Muhammad Ali, (aka Mehemet Ali) the Ottoman viceroy of Egypt between 1805-1849, instituted a number of administrative reforms within his territory. Most significantly he established a standing army by means of conscription in 1829. As a consequence, many Egyptian peasants fled to Palestine to avoid such service. This was to be of little avail, because Ali’s son, Ibrahim Pasha, invaded and occupied Palestine between 1831-1841 and they again came under his control. During this period he ‘imported’ more Egyptian labourers into Palestine in addition to those who were already there.
  • Ultimately, Ottoman forces supported by the European powers – especially Britain – forced Ibrahim Pasha to withdraw. In the process, however, his army suffered considerable desertion from its ranks, and those who escaped remained in Palestine, hiding in small settlements. British intelligence estimated that the number of troops reaching Cairo in the withdrawal approximated some 33,000, compared with 125,000 before the retreat, leaving 92,000 unaccounted for.
  • In the 1860’s over 1.5 million Egyptian labourers were conscripted for the construction of the Suez Canal, of whom 120,000 died in the process. This, too, may also have created an impetus to flee Egypt and to settle in Palestine. (Arieh L. Avneri, The Claim of Dispossession Jewish Land- Settlement and the Arabs 1878-1948, Yad Tabenkin, Efal, Israel, Herzl Press, New York 1982 (hereinafter  ‘Avneri’);  Interview Prof. David Grossman 28.07.08)
  • Employment Opportunities on Public Works Projects

Inward migration to Palestine was also stimulated by new employment opportunities. The Ottoman government commenced railway, road and port construction projects in Palestine, most of which was financed from Europe. These works created increased commercial traffic through the ports of Jaffa and Haifa and the general economic boom that attracted Arab labour from Egypt, Syria and Trans-Jordan, as well as the indigenous Palestinian fellah.

Egyptian settlers particularly were scattered among many urban and rural points, appropriating large tracts of land and lending variety and numbers to the existing population. The Ghawarna and Arab ez-Zubeid Bedouin tribes and other Egyptian immigrants settled in the Hula (near the Sea of Galilee) and Beit-Sheaan Valleys; members of the Arab el-Ufi and ed-Damair tribes settled respectively in Wadi Hawarith (near Tulkarm) and in the vicinity of Hadera;  while other Egyptian migrants settled in and around Jaffa.

The assimilation of the Egyptians with the indigenous Arab population was a drawn-out process. After his visit to Palestine in 1917, Philip Baldensperger relates that the existing population of Jaffa, although essentially Arab, contained at least twenty five different nationalities, most of them Palestinian and Egyptian Arabs (Avneri p.14).

b.   Outward Arab Migration Caused  by Personal and Property Insecurity Within Palestine

Although Arab migration into Palestine increased, the total Arab population in the nineteenth century rose only slightly, because of internecine strife leading to internal instability which caused significant emigration:

i.  numerous and incessant village and factional internal wars:

  • between “Quais” and the “Yaman” villages located near Jerusalem (see Ruth Kark and Michal Oren-Nordheim, Jerusalem and its Environs, Quarters Neighbourhoods Villages , 1800 -1948, Wayne State University Press, 2001, pp 232-234)
  • in Nablus, between the pro-Egyptian Abd el-Hadi faction and pro-Turkish Tuqan faction;
  • along the ridge of Mount Carmel seventeen Druse villages were destroyed in the chaos which followed in the wake of the Egyptian retreat from Palestine;
  • during the late 1830’s, 1860’s and 1870’s, Bedouins ousted  fellahin from  the Jordan Valley, the Sharon Plain, Beit Shean and the Jezreel Valley, leaving the land desolate and uncultivated; (Avneri, pp 20-22)
  • in the Hebron region during the late 1890’s, between the Bedouin ed-Dulam and fellahin of Yatta village.

ii.  Marauding Bedouins uprooted settled fellahin, stimulating their emigration.

The nature and extent of Bedouin attacks have been discussed earlier and they were a prime factor in creating outward migration

iii  Arab emigration to North and South America
Palestine experienced significant Arab emigration by those who perceived  a better life in the New World.  Avneri quotes Arthur Ruppin, a contemporary sociologist, as stating:

There is emigration from the Christian districts, such as Bethlehem, Beit-Jala and Ramallah to North and South America, even though in smaller numbers than in Lebanon…. The American Consul in Jerusalem (Daily Consular Trade Reports 6-6-14) estimates the emigration from the Jerusalem District at 3000 annually, of whom 30% are Christians, 35% Moslems and 35% Jews. Thus from the Jerusalem District alone, 2000 Arabs emigrated annually (pp. 25-26)

A similar population exodus occurred from the north of Palestine in the area of Safed.

iv. Escapees from Turkish Army Conscription

During World War I many young Arab men fled from Palestine in order to evade Turkish military conscription.

In addition to those fleeing from conscription, the Ottoman central military authorities concluded that the presence of Arabs and Jews in coastal plains constituted a security threat. However the regional military commander applied a discriminatory policy of expulsion. Arabs were left undisturbed. Jews on the other hand were expelled from the port areas of Jaffa and Haifa. But for the intervention of the German government, they would also have been expelled from the coastal lands which they had developed agriculturally.
(see Isaiah Friedman, Germany, Turkey and Zionism 1897-1918, Clarendon Press, Oxford, 1977,pp.—)

Thus, in summary and contrary to contemporary Palestinian claims, a very large percentage of Arab settlers in Palestine were neither indigenous nor had they worked the land from time immemorial. Like the Jews, they too, were immigrants who settled only a generation or two prior to the start of significant Jewish immigration.

3. Increasing Foreign Diplomatic, Political and Military Involvement in Domestic Ottoman Matters: Consular Protection Extended to Non Ottoman Residents

Saturday, September 27th, 2008

In the wider arena of international power politics a new dimension emerged, in the form of European political, economic and commercial penetration into the Ottoman domain. This arose from three sources:(a) the Capitulations, (b) Ottoman debt burden following the Crimean War, (c) Legislative reforms necessitated by the debt burden and (d) European ‘aid’ extended to support, maintain and modernise the Ottoman Government.

a.   The ‘Capitulations’

  • Origin

Although Christian-European interface with the Arabs in relation to Palestine found its nemesis in the Crusades, and Arab military expansion into Europe reached its watershed with the Ottoman defeat in the Battle of Vienna in 1683, the Ottoman Empire never presented itself as monolithic and impenetrable to European influence.  However, after the European victory, the Ottomans found it expedient to enter into agreements with various European states (France leading the way), granting them preferential trading privileges, and exemptions in respect of excise and customs duties expressed in the various Capitulations.

  • Personal Jurisdiction of Non-Ottoman Subjects

Today, sovereignty is primarily linked to territory but a connection also exists between the sovereign or state on the one hand, and the subject on the other, whereby the latter, if found to be within the jurisdiction of a foreign sovereign or state, could then and still can today, claim in times of danger or personal distress, the extraterritorial protection of his own sovereign or state. The Capitulations therefore also included provisions in which the Ottoman government conceded power to the foreign states to safeguard the interests of their respective subjects. Such protection enabled foreign diplomats, consular officials and non-Muslim merchants to reside in the Ottoman Empire indefinitely without becoming either subjects of the Sultan and/or falling under his jurisdiction.

  • Foreign Subjects Exempted from Ottoman Local Laws

The Capitulations also contained exemptions from the application of considerable Ottoman legislation to foreign subjects engaged in trade who resided within the Ottoman jurisdiction. Such exemptions included liability to pay Ottoman poll taxes, bearing the cost and inconvenience of billeting Ottoman troops, and conscription from serving in the Ottoman armed forces as well as other financial impositions.

The European powers pressured the Ottomans into extending these privileges to non-Muslim middlemen (dragomans) and many others who could in any way be associated with foreign trade, such as currency changers, European-Arabic translators, warehousemen, artisans and even shopkeepers.

  • European Extension of the Scope and Exploitation of the Capitulations

In the course of the nineteenth century the abuse of the Capitulations became so rampant that European protection could even be bought as a commodity, and Ottoman deeds of appointment (berati) as dragoman virtually became transferable. The privileges acquired by non-Islamic non-Ottoman subjects were extended to the establishment of foreign banks, post offices and commercial houses, which took full advantage of Turkish weakness. In contrast, the foreign consuls became more powerful, each vying with the other in trying to advance the interests of their respective States.

  • Foreign Dhimmis (Non Muslims) Also Benefited

The foreign consular exploitation of the capitulations also enabled foreign dhimmis to avoid the indignities which they would otherwise have had to suffer had they been Ottoman subjects. Although non-Muslim Christians and Jews were in Islamic eyes treated as inferior persons, they could nevertheless acquire, if they were non-Ottoman subjects, a degree of consular protection against Ottoman autocracy greater than the Sultan’s own Islamic subjects could achieve for themselves. This could not but engender disaffection between the newly arrived foreign immigrant Jews on the one hand, and the Arab effendis and fellahin on the other hand, with whom they were in contact.

b.  Ottoman Foreign Debt Burden and the Costs of Ethnic Uprising in the Empire

During the Crimean War (1853-1856) and for the nineteen years following, the Ottomans incurred heavy foreign indebtedness, which enabled the European states and their consular representatives to exert greater political pressure in favour of the non-Ottoman nationals under their protection. The first foreign loan, contracted in 1854, created a degree of indebtedness which enabled the Western powers to exercise only a limited influence on Ottoman internal affairs. However, from 1863 onwards, debts accumulated and snowballed, so that by 1875 the Empire was bankrupt.  In 1876 financial matters were made worse by the uprising of ethnic Bulgarians against Ottoman sovereignty and the involvement of Russia in the process (Russo-Turkish War 1977-78).

Although the uprising was ultimately suppressed with heavy loss of life, ethnic opposition to Ottoman rule was to make the Ottoman government very sensitive to the concentration of ethnic minority groups within the Empire generally and was to influence its future policy regarding the settlement in Palestine of individual Jews and their supportive political and financial organisations.

This notwithstanding, the Ottoman need to repay its European-owed debts still demanded a restructuring of its governmental and financial administration. The latter was achieved by the establishment of the Ottoman Public Debt Administration in 1881 which took control over state revenues which benefited, to some degree, by the sale of public lands to sectarian interests, both Christian and Jewish.

The Ottomans found themselves in a cleft stick however. On the one hand, the reorganisation of the public debt management brought them some financial stability but, on the other, the process of reform allowed the European states and their diplomatic and consular representatives to exercise a degree of influence and pressure on Ottoman internal policy that would have been unthinkable a decade or two earlier.

(see Stanford Jay Shaw, Ezel Kural Shaw,  History of the Ottoman Empire and Modern Turkey: Reform, Revolution, and Republic: The Rise of Modern Turkey 1808-1975, Cambridge University Press, 1977; Birdal, M. “Cooperation, Commitment and Enforcement: Understanding the Ottoman Public debt Administration” , 2005-03-05 http://www.allacademic.com/meta/p71340_index.html

Thus European foreign consuls acquired further leverage to extend legal protection and privileges which hitherto had not been available to their foreign protégés resident in the Ottoman Empire. Unsurprisingly, Jewish and other non-Muslim immigrants arriving in Palestine preferred to retain their original foreign nationalities and claimed protection from the various foreign consuls against the arbitrary treatment meted out by Ottoman officialdom.

Such preference could not have created anything but resentment among the Islamic urban poor and middle class and among the rural fellahin. The exploitation of the 1858 Ottoman land legislation (subsection c.ii. below) by non-Ottoman nationals in their moves to acquire land in Palestine could only have added to this resentment.

c.  Ottoman Legislative Reforms Necessitated by Debt

i.  Non-Ottoman Subjects Gain Equality with Ottomans

The Capitulations, coupled with the financial consequences of the Crimean War coerced the Ottoman government into introducing important reforms designed to gain the support of its European Allies. Published on the eve of the 1856 Paris Peace Conference, the Hatt-i Humayun (Imperial Rescript) granted to foreign Christians and other non-Muslims rights equal to those of its Muslims subjects in respect of protection of their persons and property, freedom of worship, and provision of education for children of all religious communities.

Also included in the 1856 legislation was permission, at least theoretically, for foreigners to acquire land in their own names without their having to obtain a special firman from the Sultan. For Jewish would-be purchasers, however, there were still other problems to be overcome, as will be shown below.

The point being made at this juncture is the fact that Jewish non-Ottoman subjects resident within the Ottoman Empire generally and Palestine in particular, received extensive diplomatic protection from the vagaries of local Ottoman officialdom, a fact which impacted on an expanding Jewish land acquisition policy. To mitigate the effects of foreign interference in internal Ottoman Affairs and to ‘encourage’ permanent settlers to renounce their foreign protective status, the Ottoman Nationality Law was enacted in 1869, which created a common Ottoman citizenship, irrespective of religious or ethnic divides.

(see Kark, p.359;   Maurits H. van den Boogert,  Capitulations and the Ottoman Legal System: Qadis, Consuls and Beraths In The 18th Century, (Studies in Islamic Law and Society) Martinus Nijhoff, Leiden 2005

(http://www.amazon.com/gp/reader/9004140352/ref=sib_dp_pop_fc?ie=UTF8&p=S001#reader-link Isaiah Friedman, Germany, Turkey and Zionism, 1897-1918, Clarendon Press, Oxford, UK 1977 especially Chap 3. hereinafter “Friedman, 1977” )

ii.  Ottoman Land Reform Legislation, 1865

Motivated by the need to open up the Empire to foreign investment in order to overcome its financial crisis, the Ottoman government introduced significant reforms in relation to land, its registration, title holding, disposition, benefits and burdens, the totality of which had a major influence upon the redistribution, ownership and occupancy of rural land.

  • Customary Rights in Land

Prior to the introduction of the Ottoman Land reform legislation, ownership of land evidenced by registration of legal title in government records or written agreements was less important than its physical occupation and cultivation.

  • Peasants – fellahin – could acquire ‘ownership’ to uncultivated land, nominally owned by the State, if they planted and took its produce for two consecutive years.
  • They could also acquire rights of pasturage on communally controlled ‘musha’ land located close to the village land and used in common.

From the peasant’s perspective, musha tenure gave him neither incentive to work the land to the best of his ability nor to invest in it. While the system may have encouraged village independence, it also contributed to village disharmony.

“It was common practice for the urban landowning agent, who often functioned as the intermediary between the landowner and the peasantry, to move tenants or other agricultural labourers from plot to plot within a larger area of land so to prevent the fellah from claiming legal title on any particular parcel of land….
Not surprisingly, moving a peasant from one plot to another after every growing season disadvantaged him: it did little to engender a sense of economic security; it created harsh local jealousies over who received the most of often meagre amounts of good and mediocre land; it caused the peasant to extract what he could from his land and, antithetically, dissuaded him from upgrading a land area with physical (weeding, terracing, manuring) investment because the land would become someone else’s during the next growing season. …
Already strained by hamula or clan conflicts, a village regularly withstood periods of uneasiness each time unequal village lands were redistributed. Land disputes, encroachment on another’s land, and uprooting of trees were not uncommon where cultivable lands were sparse and the local village population increased over time.”

Kenneth W. Stein, “One Hundred Years of Social Change: The Creation of the Palestinian Refugee Problem” in Laurence J. Silberstein (ed) “New Perspectives on Israeli History: The Early years of the State” New York University Press, 1991 pp. 57-81 (hereinafter “Stein”)

http://www.ismi.emory.edu/BookChapters/Hundred%20Years%20Social%20Change.html

  • Land Reform 1858

In 1858, the Ottoman Government introduced significant land reform legislation in order to help discharge its foreign debts and to finance an ever growing bureaucratic government. This was to be achieved by (i) attracting foreign investment in land development, (ii) increasing central government income from land transfer fees and (iii) imposing higher taxation on both existing worked arable land and from bringing waste land into cultivation. Failure to pay the tax assessed on the land could result in its being forfeited and resold by public auction.

The legislation provided, inter alia, for:

  • dissolution of the communal musha ‘ownership’ of village lands and its redistribution among villagers into registered plots in accordance with a cadastral survey;
  • holding of kushans, or title deeds as evidence of ownership or title to the land – independently and distinct from its rights of occupation;
  • the acquisition of land – other than by purchase or inheritance -  by adverse possession (i.e. possession without objection from any other owner claiming valid title) for a period of ten years;
  • ownership to the land lapsed if it was not worked for three consecutive years (mahlul);
  • Government forfeiture of land remaining uncultivated for three years (without a legally acceptable reason), which would then be offered for re-sale by public auction;
  • Non-Ottoman subjects were permitted to purchase land in their own names which, prior to the legislation, could only be done through an Ottoman nominee or with special permission of the Sultan.
  • Effect of the Legislation on the Fellah

The implementation of the legislation had serious consequences for the Arab fellahin.

  • It put the fellahin under economic pressure to sell their land holdings, especially the now distributed musha shares, to urban interests or non-resident effendi landlords in order to discharge their pre-existing indebtedness and to reduce the risk of uncertainties in agricultural yields. The landlords in question, after consolidating their holdings into larger parcels, would subsequently sell them at highly inflated prices to Jewish development companies and individuals at considerable profit. Such was the situation that, by 1859, British born Lawrence Oliphant was able to report that almost every acre of the Plain of Esdraelon was under intense cultivation and the nomadic Bedouin presence all but eliminated, owing to the commercial activities of the new landlords, who charged exorbitant rents, payable in hard cash under penalty of instant eviction;
  • Although land title registration enabled there to be a clear separation between the ownership of land from its occupancy, the registration itself was accompanied by the payment high fees and additional tax valuations. Fellahin therefore preferred to have the ownership of their lands (including the newly redistributed musha) registered formally in the name of urban notables while they continued to cultivate the land in a share-cropping arrangement as previously.
  • Land registration also enabled the Ottoman officials to identify those eligible for compulsory military service. Fellahin, forcibly taken into the Ottoman army and away from their lands for more than three years, often found on their return that their land was now “owned” by another.
  • The separation of legal title from the rights of occupancy enabled absentee effendi landlords to threaten with eviction the Arab fellah who worked the land if he failed to pay his rent, and enabled the landlord to sell the property over his head to would be Jewish purchasers. The Arab fellah naturally felt resentment against the Jew rather than against the effendi because, prior to the legislation, there was hardly any market for land, and if a fellah failed to pay his rent, the landlord really had no option but to permit the fellah to remain in occupation and allow the latter’s indebtedness to increase.

As a consequence of these reforms, the Arab fellah in Palestine became inexorably dependent upon those who would provide him with temporary relief from economic hardship, and yet were, at the same time, the main cause of his situation. Ultimately, by necessity, he forfeited individual control over his own life and livelihood to others:

The Ottoman reform movement strengthened and benefited a relatively small, urban, landowning elite of no more than several thousand out of a population of more than half a million. Through the dependency of the patron-client relationships that evolved, landowning interests accrued local political prestige and influence, ensured themselves access to the accumulation and disposal of land, and used land as a commodity to obtain capital for maintaining their comfortable lifestyle. (Stein)

  • Government Sales of State Lands Ultimately Purchased by Jews

Registration of land ownership, as distinct from its occupancy, also encouraged the sale of government owned land to large scale Arab land speculators such as Alfred Sursoq of Beirut who purchased some 200,000 dunams at a suspiciously low price. The speculators were prepared subsequently to re-sell their interests at greatly inflated prices to Jewish land development companies. Such was the situation that by the end of the Ottoman period only 144 extensive landowners owned 3.1 million dunams (1 acre = 4.047 dunams). (Kark)

iii. Socio-Economic Consequences of the Land Reform

Thus, what started as an attempt by the Ottomans to bring about land reform as one of the means to ease their debt burden, ended with the abandonment by many Palestinian peasants of their agricultural occupations and their gravitation to nearby urban centres. While not yet ‘political refugees,’ because they still remained in their patrimony, nevertheless in the decades before the 1947 UN partition resolution, many Palestinians were already disenfranchised by their own leadership and then displaced from villages and from lands which they had either regularly or periodically worked.

The sale of land and the movement of the peasant population to the towns resulted in the fellah’s loss of his traditional livelihood. It created economic friction and an ever widening cultural gap between himself and the urban Palestinian population. To this was added social and economic unrest felt from an increasing non-Muslim presence in the Land.

Although the legislation had the effect of enabling Jews to purchase land directly and occupy legally in their own names, the implementation of the law encountered regional opposition, forcing its suspension by the Ottoman central government.

This notwithstanding, continual foreign consular pressure coerced the Porte to remove the suspension and to permit Jewish purchasers to take advantage of the legislation when the occasion arose – as it did later in the 1880’s.

(see Raphael Patai, Musha’a Tenure and Co-Operation in Palestine, American Anthropologist, New Series, Vol. 51, No. 3 (Jul. – Sep., 1949), pp. 436-445; Gerber,  especially Chapter 5; also Islam, Land & Property, Research Series, paper 2, Islamic Land Tenures and Reform, UN-Habitat 2005, http://www.unhabitat.org/downloads/docs/3546_86904_ILP%202.doc ; N. Forni, Land tenure policies in the Near East Land tenure policies in the Near East, UN Food and Cultural Organisation, http://www.fao.org/docrep/005/Y8999T/y8999t0f.htm ; David Hurwitz, Agrarian Problem of the Fellahin, in Enzo Serini and R.E. Ashrey (eds), Jews and Arabs in Palestine, Hechalutz Press, New York, 1936 p.49

d. German ‘aid’ extended to support, maintain and modernise the Ottoman Government

As part of the Porte’s efforts in extracting itself from its weak financial and political situation, it turned to Germany for assistance. She responded by making investment in transportation – communication infrastructure and transferring military and civilian administrative know-how to the Ottoman government. It naturally brought with it an extension of Germanic hegemony, trade links in the Middle East and military dependence on and strategic subordination to Germany’s political interests.

In particular, Germany financed and constructed a railway intended to run from Berlin to Baghdad, with an extension of the Hejaz branch from Damascus to Ma’an and thence to Medina – deep into the heart of the Arabian Peninsula. The new railway links were to be used to develop Ottoman internal communications, the transportation of grain, collection of taxes, military conscription and troop movement.

This last purpose was to become of crucial strategic value to Germany in the coming 1914-1918 World War. It converted the Hejaz into a strategic military asset; the numerous inlets along the peninsula provided German submarines with safe havens and opportunities to attack and sink Allied shipping en route to the Gulf and to India. Any German expansion eastwards towards would endanger British oil interests in the region, as well as undermine British commercial and strategic interests in the Suez Canal and unhindered access to Indian subcontinent and the Far East.

The German supplied organisational know-how for the restructuring and training of the Ottoman military machine also was to raise British fears. These brought repercussions in World War I when the indigenous Hashemites of the peninsula were faced with the choice of supporting the Central Powers (Germany,Austro-Hungary and the Ottomans) against the Western Allies. As will be shown later, Hussein, King of Hejaz succeeded in extracting from Britain  the latter’s recognition of a Hashemite sphere of influence extending well beyond the Hejaz: establishing the Hashemite kingdoms of Iraq and Transjordan, as well as asserting a claim to the territory west of the Jordan River. This was, of course, to have a direct impact on Jewish aspirations to establish a homeland in Palestine.

In civilian matters, the Porte attempted to restructure its governmental organisation in accordance with Weberian concepts of industrial specialisation and governmental bureaucratic organisation; abandoning government traditionally based of nepotism and the sale of offices to the highest bidder and to replace it with one founded on meritocracy and specialisation as the bedrock for hierarchical authority.

As will be shown in Section 4 next following, this impacted on the loci of Arab centres of political power in Palestine. Ultimately, Chapters V and VI will show how these changes influenced in turn both the effendi and the fellah in their respective relationship with the Jewish immigrants and their supporting organisations as well as with the British military and civilian governments after World War I.

Also not to be overlooked was Germany’s political support of Theodore Herzl in his attempts to obtain a Charter from the Sultan for the establishment of a Jewish Homeland in Palestine. Far from being altruistic, such support was intended to achieve two objectives: (i) to establish in the eastern Mediterranean the potential for a political entity friendly to German interests and (ii) as a means for ridding Germany of its Jews.   This subject is also examined more closely in Chapter V.

4. Changes in the Loci of Arab Elite Power Bases: From the Land to the Towns and the Metropolis

Friday, September 26th, 2008

Traditionally internal power and patronage of the Arab elites was traditionally centred in the local village and relied upon land ownership. External factors – particularly the financial predicament in which the Porte’s found itself in the latter half of the nineteenth century were to change this.

To manage its heavy public debt burden more efficiently, the Porte attempted to centralise and assert greater administrative control over the population and territory under its jurisdiction. The Young Turks, after their revolution against the rule of Sultan Abdulhamit II in 1908, propelled this movement and tendency towards the centralisation of power with greater enthusiasm.

Prior to World War I The Ottoman administrative structure placed Palestine in the regional Wilayet (Wali) of Beirut and the independent Sajak of Jerusalem. The wilayet themselves were subdivided into administrative subunits- sanjaq – which were further subdivided into local qaza . The local qaza of Palestine consisted of Acre, Haifa, Nazareth, Sefad, Tiberius, Jenin, Tulkarm, Beersheba, Gaza, Hebron, Jaffa and Jerusalem. As will become apparent in Chapter V, the appellation of administrative wilayet within which Palestine lay became a central issue in the Hussein-McMahon correspondence over the alleged conflicting promises Britain gave to the Jews and to the Arabs over the disposition of Palestine following World War I.

Kenneth.W. Stein, The Land Question in Palestine 1917-1939, University of North Carolina Press, Chapel Hill, 1984, (hereinafter Stein) p 9

If the Ottomans were to extract themselves from their economic plight and dependency on external influences, their government re-organisation now demanded a more highly trained and centralised bureaucracy. However, since it was hard to recruit qualified candidates, the reforms which the Porte wanted to institute failed to be realised for the most part. Instead, the bureaucratic structure which they established created many new official positions. These presented elites with opportunities to serve on local councils, committees, boards and commissions, often holding more than one administrative position at the same time and over an extended period, as exemplified in sanjaqs of Acre and Nablus.

The administrative reorganisation coupled the exploitation of the land reform legislation – discussed earlier in Section 3.c.ii – permitted the elites to accumulate both property and power and enabled them to place their tribal kinsmen at pivotal points in the administrative structure. The qaza level of administration required numerous civil servants to support the local councils, tax and finance commissions, courts of first instance, agricultural and commercial committees, chambers of commerce, education committees, land registry, military transportation commissions, telegraph and postal services and the local police. The appointed incumbents of the official positions and their supportive staff, each in his own sphere and in the exercise of his authority, were thus enabled to generate considerable ‘emoluments,” and advancement in social status. (see Stein pp 7-8)

As a consequence, small town patrons who previously had wielded power and garnered their wealth based on land holdings, now saw the larger urban centres as the arenas in which to operate for their own advancement and that of their kinsmen. Accordingly, Arab elites migrated from the villages to the larger towns and from the latter to Istanbul, Damascus and Beirut directing their attentions and efforts to wider horizons.

This shift in the locus and system of patronage from that based on local land ownership left the fellah under the control of a lower status kinsman or at the mercy of an indifferent agent, and bereft of his traditional patron to whom he could turn in times of trouble. Consequently, when Jewish settlements began to appear, it naturally created tension between Jews and Arabs, as one group intentionally or otherwise interfered with the land resources claimed by the other. Cultural and language barriers between the two probably exacerbated the issues of contention.

Furthermore the middle-ranking official and bureaucratic supportive Arab staff employed at all levels of public administration later provided Arab-Palestinian nationalists with unexpected political and administrative leverage in their subsequent dealings with the local British military and civil governments in Palestine after 1919.
(see Donna Robinson Divine, Politics and Society in Ottoman Palestine: The Arab Struggle for Survival and Power, Lynne Rienner Publishers, Boulder, CO, 1994 http://www.questia.com/library/book/politics-and-society-in-ottoman-palestine-the-arab-struggle-for-survival-and-power-by-donna-robinson-divine.jsp)

4. Emerging Issues flowing from Arab Cultural Characteristics

Friday, September 12th, 2008

The above brief introductory discussion on Arab cultural characteristics, tribal spirit and loyalties, the unifying force of Islam and that of Palestinian identity raises a number of important issues which will emerge with greater prominence as the historical, political and legal aspects of the Arab-Israeli conflict develop.

  • Palestinian Identity and Interest Differentiated from other Arabs
    Under Ottoman, British and Jordanian rule, the Palestinians had not displayed any characteristics significantly different from those of the Arab population in Jordan and Syria. It was only after the Six Days War that a significant Arab population came under Jewish-Israeli control and Arabs living in Judea and Samaria directly confronted the “other”- the Jews. The issue is whether without destroying the territorial integrity of the State of Israel, the Palestinians are a sufficiently differentiated people not only from the Israelis but also from the populations of the other neighbouring Arab states to justify and sustain a claim in international law for self determination as an independent viable state politically and economically.
  • Concentration of Power
    As been shown above, in Arab society honour and power are intertwined and the exercise of power is decentralised. In the West, by way of contrast, the exercise of power is not only the exclusive preserve of state governments but in international conflicts, there are political moves towards extending the centralisation of the exercise of power in the hands of the United Nations or under the auspices. Such tendency appears to be at odds with Arab–Islamic values as seen recently in Afghanistan, Chechnia and Iraq.
  • Arab Customs in the Initiation and Conduct of War Diverge from those Pertaining in the West
    Even if the resolution of the conflict between Israel and the Palestinians is unattainable by negotiation, and the parties continue to resort to violence, given their cultural and religious differences, it is necessary to review afresh whether contemporary rules and customs of international law in relation to war and the pacific settlement of international disputes can be truly applied to a clash between Islam and the West.
    As will be shown in Chapter VI and subsequent Chapters, the movement to establish the League of Nations and its successor, the United Nations, as new international institutions dedicated to pacific resolution of international disputes were led by Western statesmen. Although the customs and norms in relation to the initiation and conduct of war may now be seen as secular they nonetheless developed out of Christian western values, namely,
    • maintaining a distinction between combatants and non-involved ‘civilians’
    • military necessity, and
    • proportionality.

These values form the bedrock of western military culture but they have no express parallel in Arab tribal ‘military’ culture and tradition. There, the bearing of arms is considered a sign of masculinity in the protection of personal, family and tribal honour, as are their women and children.

However, in confronting a non-Muslim enemy, war -  Jihad – expresses a religious rather than a nationalist objective. Persons who do not submit to the dominance of Islam may become legitimate targets: combatants do not appear to be differentiated from non-combatants; males are slain while females are taken into captivity for purposes of reproduction to maintain the strength of the tribe or clan.

A recent Arab declaration on the subject of Jihad declares

“the sanctity of the blood of women, young children, and elderly infidels is not absolute. There are cases under which it is permitted to kill them, if they are part of a nation of war….[I]f only one of these circumstances holds true, then he must permit the operations because the circumstances are not conditional upon fulfilling all of them, but only one will suffice. …
Muslims are permitted to kill infidel innocents reciprocally; if the infidels are targeting the women, the young children and the elderly Muslims, then it is permissible for the Muslims to act reciprocally, and kill just as they were killed. in Jenin, Nablus, Ramallah, and other places”
(
Communique from Qu’idat al- Jihad Concerning the Testaments of the Heroes and the Legality of the Washington and New York Operations, April 24, 2002, in David Cook, Understanding Jihad, U of California Press, 2004, pp 175 et seq.)

  • The objectives of fundamentalist Islam are in conflict with the Western notion of the illegality of resorting to war except in self defence or in accordance with UN Security Council resolutions. For Islam, a higher value is the submission of all peoples to the will of Allah which is to be achieved by jihad if necessary.
    (
    Muhammad And The Treaty Of Hudaybiyya, http://www.answering-islam.org/Silas/hudaybiyya.htm; Holy Prophet’s Life, Joint Conspiracy of Qoraish and Jews and Ghazwah Ahzab http://www.anwary-islam.com/prophet-life/holly-p-13.htm ;see also http://www.historyofjihad.com/ )
    See particularly David Cook, Understanding Jihad, University of California Press, Berkley
  • Even the accepted Western principle that agreements and international pacts are to be observed by all parties is in conflict with Islamic tradition and values. Islamists who, for the time being, may be unable to overcome stronger infidel opponents and decide therefore, for strategic reasons, to enter into a truce or even a peace agreement with such opponents, are permitted by Arab cultural and religious tenets to breach that agreement if at some later date the earlier Islamists’ position of weakness is reversed to one of superiority. See Treaty of Hudabeya http://www.witnesspioneer.org/vil/Articles/companion/19_ali_bin_talib.htm;
    Denis MacEoin, Tatical Hudna and Islamic Intolerance, Middle East Quarterly, Summer pp.39-84 http://www.meforum.org/article/1925 )

Thus, to what extent should Israel rely on Arab promises and solemn undertakings?

Assuming that the European and Western powers see themselves as possessing a unified western-orientated cultural system and identity and wish to differentiate themselves from other peoples in the Middle and Far East – a questionable assumption today – they view Israel as a Western oriented nation and expect her act as such. In so doing she in direct confrontation with the cultural norms of the Arab peoples and is the European vanguard against Islamic expansion. In a regional and local military confrontation with Arab states and with the Palestinian population in the Territories, she is expected to abide by Western international customary and conventional laws of war even if her enemies do not.

Given the above factors it is difficult to fathom why Israel encounters so much opposition from a number of Western states. It may be due to an unfounded naïve belief and myth that all the conflict between the West and the Arabs is due Israel’s illegitimate birth and her continued existence. Perhaps most of the answer can be found in the West’s voracious need for Arab controlled oil the necessity for securing untrammelled access to its sources.

Israel, as a small and western-oriented Jewish state lying within dar Islam but dependant to a large extent for her continued security on the support of the United States, seems to constitute an impediment to the realisation of Western interests and can therefore be sacrificed in the arena of public opinion

In contrast to Arab society, public opinion in Western democratic societies exercises a powerful influence in governmental and non-government organisational decision-making. Public opinion is moulded by public relations, information and propaganda campaigns operating overtly and covertly in Western civil society. “Acting contrary to international law” has become a mantra in media communications employed by one antagonist to advance its political platform or objectives and to malign or destroy those of its opponents. Initially dominated by the ‘fourth estate’ comprising newspapers, radio and television, this arena is slowly being eclipsed by emergent interactive internet websites and linkages. They have the potential to exert a major influence on national decision-making not only in western democratic states but have even more potential in promoting the free flow of information in non-democratic states.  On the other hand both news media and cyberspace activists are not accountable to any institution or constituency for the veracity of their communications.

In evaluating an assertion that a State, such as Israel, is “acting contrary to international law,” the addressee must be in a position to know not only the factual background on which the accusations are based but also what provisions of international law are allegedly being violated. It is often the case that the specific international legal proposition in question is inapplicable in the territory where an apparent violation has occurred or that the State alleged to be in violation has not acceded to the treaty or Convention in which the norm or principle was formulated; thus opening the way for uninformed and unjustified condemnation.

With the foregoing considerations in mind, Chapter VI is designed to assist and hopefully enable the reader to assess the validity of what is alleged to be in accordance with or contrary to international law or, if this is impossible, it is hoped that the material presented may place the reader at least in a better position to question the assertion being advanced.

However in order to assess the legality of subsequent Israeli actions, it is still necessary to examine in a little more detail the political, demographic and economic conditions which prevailed in Palestine prior to the end World War I and to assess their effect upon Palestinian Arab claims of the being dispossessed of their land by early Jewish land acquisition and immigration. These claims are examined in the Chapter IV following next.

6. Jewish Presence in Palestine Under the Ottomans

Monday, September 8th, 2008

The early sixteenth century saw the Ottoman capture of Palestine by Sultan Selim. The Ottoman regime was to last 400 years until its defeat at the hands of the British at the end of World War I in 1918. Throughout this period, Jewish life was maintained in four main urban centres: Jerusalem, Safad, Tiberias and Hebron. Bahat notes:

    The largest community, numbering about 10,000 Jews was situated in and around Safad,; most of them were refugees from Spain, from which they were expelled in 1492. The Jews of Safad were reported as trading in spices, cheese oils, vegetables and fruits. Many Jews Jews were engaged in weaving.  Amongst the prominent leaders of the community in the 16th century was…R. Joseph Karo, compiler of the ‘Shulhan Arukh’  [and] the Cabbalist R. Isaac Luria.  During this century Safad was the centre of Jewish mysticism” (p.50)

According to official censuses, in the second quarter of the 16th century the number of Jews in Jerusalem varied between 1,000 and 1,500, living in three quarters coextensive with the present Jewish Quarter of the city, while William Biddulph, an English priest who visited Palestine in 1600 commented in his book “The Travels of Four Englishmen and a Preacher ” that Tiberias is entirely occupied by Jews.

In 1631, the Christian writer Eugene Roger records that there were approximately 15,000 Jews were living in various parts of the country, including Jerusalem, Hebron, Gaza, Haifa, Ramla, Nablus, Safad, Acre and Sidon.

They were subject to the whims of the local rulers who in many cases had purchased their posts at great cost [from the Ottoman Government] and attempted to recoup this money during their period of rule. (Bahat p.54)

Bahat’s research provides information regarding the visit of George Sandys, son of the Archbishop of York who visited the Holy Land in 1611. He states in his Travailes,

    “And in their Land they (the Jews)live as strangers, hated by those amongst whom they dwell, open to all oppression and deprivation, which they bear with patience beyond all belief, despised and beaten. In spite of all this, I never saw a Jew with an angry face.”

The writings of a Dutch scholar, Olf Dapper who collected data mostly from travellers to the Holy Land in this period summed up his findings in 1677 with the statement:

    “There are Jews all over Syria and the Holy Land, especially in Acre, Sidon, Damascus, Jerusalem, Hebron and Gaza. No transactions take place without the knowledge of the Jews and even the smallest dealings pass through their hands.”  (Bahat p.54)

Despite the economic and cultural decay of the Ottoman Empire during the 18th and 19th centuries, Jewish immigration to the Land continued even though life became increasingly difficult. Jewish communities began to organise themselves and agricultural settlements such as Kfar Yasif were established in the Galilee. On the other hand, with the increasing impoverishment of the Ottoman Empire, the non-muslim inhabitants of Palestine bore an increasing burden of taxation. Such were the human and natural disasters that it is estimated that during the first half of the 19th century the total population of the country did not exceed 250,000. In Jerusalem, however, travellers Richardson, Carne and Scholte reported in 1820-21 that Jews constituted the largest religious group in the city. This is confirmed by the first official census for Jerusalem held in 1844, which showed the population to be composed of: 7120 Jews, 5760 Muslims and 3390 Christians

By 1874, the American consul in Jerusalem, de Haas, reported that the city’s population numbered 30,000 of whom, 20,000 (two thirds) were Jews. (Eliyahu Tal, Whose Jerusalem? p.274)

In concluding this brief survey of the evidence of the uninterrupted presence of Jews in the Holy Land from the year 70 C.E. it is worth while presenting Behat’s extensive references to the official and institutional reports. These attest to the increasing significance of the Jews in the urban centres of Palestine, particularly in Jerusalem, as well as the first Jewish agricultural institutions and settlements, culminating in the waves of European immigrants who arrived on the shores of the Holy Land at the turn of the 20th Century.

“During the 19th century, immigration increased, as the English missionary, W.H. Bartlett, records in his book, Jerusalem Revisited, London 1855, that the Jewish community in Jerusalem numbered over 11,000. This is confirmed by the second British consul in Jerusalem, James Finn, in his book Stirring Times, London 1878. Mary Elisa Rogers writes in her book, Domestic Life in Palestine, London 1862, that there was an active Jewish community in Haifa. She lived there with her brother, the British vice-consul, from 1850 to 1859. The English missionary, Andrew Bonar, who visited the Holy Land in 1839, mentioned the synagogue of the Jews in Nablus besides that of the Samaritans (Narrative of a Mission of Enquiry to the Jews … Edinburgh 1846). The American officer W.F. Lynch who arrived in the country in 1848 describes the Jewish community in Jaffa in his Narrative of the U.S.’s expedition to the River Jordan and the Dead Sea, London 1852. All these communities were urban in nature and attempts by Jewish philanthropists abroad to establish rural villages

In 1870, the Mikveh Israel Agricultural School was founded near Jaffa. This was followed almost immediately by the establishment of villages in Motza (Jerusalem) and, in 1878, in Petah Tikvah.

The rise of nationalism in Europe and the Russian pogroms of the 1880′s led to a new wave of immigration. The names given by these immigrants to the villages which they founded reflect the vision and ideals represented by them – Rishon LeZion (the First in Zion), Nes Ziona (the Banner of Zion), Yesud HaMa’ala (the Start of the Ascent) and Rosh Pina (Cornerstone). The deterioration in economic conditions in the Land of Israel adversely affected settlement and threatened the total collapse of agricultural enterprises! The Jews of the Diaspora and the Jewish philanthropists, particularly Baron Edmond de Rothschild, came to the rescue.

In 1904, the second great wave of immigration, known as the Second Aliyah, began. This, too, was ideologically motivated, being based on the principles of Jewish labour, independent agricultural settlement and the brotherhood and equality of men. Subsequently the revolutionary forms of settlement we know today – the kibbutz (collective settlement) and the moshav (cooperative small-holders’ village) – were established. The Hebrew language, long relegated to liturgical or literary usage, was revived as a spoken tongue.

The World Zionist Organisation began to create the necessary tools for consolidating Jewish settlement, such as the Workers’ Bank, the Jewish National Fund, whose task was to purchase land for the nation, and many other institutions dedicated to the mission of national revival.

As will be discussed later, the Balfour Declaration, issued by the British in 1917 recognising the right of the Jews to a national home in Palestine, and the subsequent Mandate for Palestine, in which the League of Nations incorporated this aim, served as the international recognition of what was to become the State of Israel in 1948.” (Behat pp 64-65)

One must also bear in mind that Zionism is not a modern phenomenon imitating other nationalistic movements prevalent in the 19th century. While a spiritual longing to return to Zion has long existed ever since Jewish expulsion by the Romans in the first century, there has been a constant physical Jewish aliya -“going up” – or return to Israel driven by the age old messianic dream of medieval times which started well before the early Zionist aliyot (plural  of aliya) in the 1880’s. The relationship between the Jewish people and the Land of Israel is a basic element in Jewish consciousness. For some historians, notably Benzion Dinur, Israel’s Minister of Education from 1951-1955, the driving force behind the aliyot of the medieval and early modern periods was the “Messianic ferment” that cropped up in Jewish communities which, together with the appearance of charismatic leaders heralding the end of days, precipitated the organisation of groups to return to Israel in order to hasten the Redemption.

(see Arie Morgenstern, Dispersion and the Longing for Zion 1240-1840, Vol 12 Azure, Winter 2002; Joseph Farah “The Jews took no one’s land” www.WorldNetDaily.com/news/article.asp?ARTICLE_ID=27338 )

“First Photographs of the Holy Land” http://www.eretzyisroel.org/~dhershkowitz/index2.html ; also Photographs of Early Zionist  in Palestine http://www.zionism-israel.com/photos/Historicphotos1.htm ;

The purpose of this Section has been to refute any argument that the Jewish connection with Palestine is one of relatively recent origin. It also serves to bring to the readers’ attention the factual basis upon which the Palestine Mandate document was able to declare in no uncertain terms in the third paragraph of its Preamble as follows:


“Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country”