Petitionto the Utl Human RiqhtsOouncilunder ECOSOC Resolution1503

Principle Cases - Kaf; Bir'im

Annex I - AFFIDAVIT
Secretary of the Committee of the Uprooted Residents of Kafr Bir'im (CUB)

AFFTDAVIT OF AFIF IBRAHTM ABDALLA

District of Haifa_ Stateof Israel

Israeli Attorney, licensed BEFORE ME, the undersigned AhmadKhatib day of April , 2005 ,onthisL Afif Ibrahim Abdalla, with , personallyappeared , botn on 4118146 , and

the lsraeli Identification Number 021294343 currently residingat Haifa. lsrael

, known to me to be a crediblepersonand of 48195 his oath, deposesand

lawful age, who being by me first duly sworn, an says:

Section L: Identification of the Affiant I 2 3 4 5 My narneis Afif Ibrahim Abdalla. I was born in 1946 in Haifa, Palestine.I am 58 years old. I was born to Elyas Ibrahim of Kafr Bir'im and Latifa Haddadof Tibneen,Lebanon. My parentswere marriedin 1936 in Kafr Bir'im. Prior to 1948,my parentsmorredto and properryholdings in Kafr Haifa for work thoughmy father maintainedhis residence Bir'im. My uncle QaisarIbrahim was mukhtarrof the village of Kafr Bir'im. All my

6. father's land in Kafr Bir'im was placedin my uncle's namesincemy uncle was 7 8 g responsible the farnily's and the village's land affairs. After the occupationof Haifa in for May 1948,my parents moved back to Kafr Bir'im with me and my siblingswhere we lived togetheruntil Novembe 1948. r
"Mukhtar"

is the name for the village elder with responsibilities and statussimilar to a village mayor.
1of13

Petition to the UN Human Riohts Council under ECOSOC Resolution 1503

Principle Cases - Kafr Bir'im

I 2 3 4 5 6 7 8 g 10 l1 L2 13 14 l5 16 17 l8 19 20 2I ZZ 23 24 25 I currently work as an accountantin Haifa,Israel. I am also the secretaryof the of Committeeof the UprootedResidents Kafr Bir'im ("CIIB"). CUB was foundedin properties the 1987 with the objectiveof obtainingthe restitutionof the confiscated of residentsof the village of Kafr Bir'im. As the secretary the Comrnitteefor 18 of

years and as a result of my long history of legal and advocacyactivities in support of the return of the peopleto Kafr Bir'im and the restitution of their lands, I have extensiveknowledge of the history behind tl'reconfiscationof the lands of Kafr of Bir'im and what efforts the former residents the villaee have exerledin their attempt to compel the Israeli governmentto return tne fa'na. Section 2: Background to the Confiscation of the Lands of the Village of Kafr Bir'im Kafr Bir'im was a Palestinian Christianvitlage established over 400 yearsago. The village sat atop a hill four kilometers from the Lebaneseborder. Seeattached Exhibit 1. The homesin Kafr Bir'im were built in concentriccirclesaroundthe hill with the communilv churchand the school locatedin the centerof the village, on its highest point. Prior to October 1948,there were over I 000 persons residing in Kafr Bir'im. The inhabitantshold deedsfor the properfy they own in Kafr Bir'im. These documentsgo back to the time of the OttomanAdministration in Palestine.The region including Kafr Bir'im was supposed becomepart of the Palestinian to Arab statecalled for under the United Nations PartitionPian. The land areaof Kafr Bir'im is L2,250dunams. The village church owns in its name 997 dunamsof land in the town. SeeattachedExhibit 2. Approximately 200 dunams of land were registeredin the nurme villageresidents behalf of the church in of on

z6
2of13

Petitionto the UN Human Rights Gouncil under ECOSOC Resolution 1503

PrincipleCases - Kafr Bir'im

I 2 3 4 5 6 7 8 9 10 1l 12 l3 14 15 16 17 18 19 20 2l 22 23 24
?<
LJ

the Tabu Registration Office in Safadin 1949. The useof the land of Kafr Bir'im was divided as follows: the built up areaconstituted dunams,plantations 96 and vineyards wereon 1,100dunams land,4,170dunams of wereusedfor grazing, and 6,880dunams were forest or uncultivatedland owned collectivelyby the village members. Two hundredand sixty persons own land in Kafr Bir'im. Seeattached Exhibit 3. Data regardingpopulationand properfyin pre-1948Kafr Bir'im are generallynot contested. SeeattachedExhibit 4. On October29,1948, after the end of hostilitiesbefweenthe Arab and the Zionist militias, the successor the Zionist militias, the IsraeliDefenseForces("IDF"), entered to and occupiedthe village of Kafr Bir'im. The IDF instructed the villagersto assemble all in the community church were they were askedto surrend anyweaponry they owned. er The villagers compliedwith the IDF requests and did not resistthe occupationof their town. Over one week later,on November 7, 1948,the military took a censusof all the inhabitants the village and registered of their names.This census was filed with the Ministry of Minorities in Safad.Israel. The census found that 1050personslived in the village of Kafr Bir'im. Most Kafr Bir'im residents insideIsraelwere eventuallyissued Israeli identificationcardsby the Military Governorof Galilee. Seeattached Exhibit 5. On November I 3'r',I 948, the Israeli military orderedall the residents Kafr of Bir'im to evacuate their village and to move across the Lebanese to border. Someof the residents leavethe village for Lebanon. Othersrefusedto leaveand stayedin the did olive orchardsand waited for the Israeli military to allow them to retum. After seven childrendied due to the winter cold, someof the villagersattempted returnto their to homes. The Israeli military permitted some of the villagers to return for short periods at a

26
3of13

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

PrincipleCases - Kafr Bir'im

I 2 3 4 5 6 7 8 9 of time. However, by November 20, 1948,all of the residents Kafr Bir'im who did not to evacuate Lebanonwere orderedto leavefor the neighboringvillage of Al Jish, located of only four kilometerssoutheast Kafr Bir'im. of Someof the inhabitants AI Jish had

outsideof fled their town e.arlier.Thosewho fled ef fisn currently resideas refugees of of Israel's borders. The inhabitants Kafr Bir'im moved into the homesof the refugees Al Jish. The Minister of Minorities, Mr. Bechor Shitrit, the Military Commanderfor the Galilee District, Elisha' Sultz,and the Liaison Officer, EmanuelFriedman,promisedthe

1 0 residentsof Kafr Bir'im that they would be able to return to their homes and property t1 I2 for within two weeks and that their temporary relocation was necessary their own safety until the security conditions in the region stabilized. At the time of the order, there were

t 3 no hostilitiesnear Kafr Bir'im. T4
I5 t6 I7 l8
temporary relocation, the Israeli army permitted the During the supposed of residents Kafr Bir'im to choosesomepersonsfrom amongthem who would stand guard over the hornesand property for the residents. However, on June 5'n,I 949, the of Israeli police orderedthe guardsto leavethe village. In June lgilg,the residents Kafr with various Israeli government Bir'im met and maintainedactive correspondence

1 9 authorities and renewedtheir requestto be permitted to return to their village. The 20 2l
residentswere informed that the current situation did not permit their return. They were assuredhowever that the governmentwas not planning to perrnanentlyuproot thern from their village. SeeattachedExhibit 6. of Between 1949and 1950,representatives Kafr Bir'im frequentlyrequested permissionfrom the Ministry of Religious Affairs to use their agricultural and grazing

z2
23 24

z5
26
4of13

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

Principle Cases - Kafr Bir'im

2 3 4 5 6 7 8 9 10 1l 12 13 14 i5 l6 17 18 19 20 21 22 23 24 25 26

land in order to make a living and feed their families. Their requestwas only partially approvedwith respectto their ability to use grazingland. SeeattachedExhibit 7. In October 1949,FatherYousef Estafan,the village priestof Kafr Bir'im, requested a permit frorn Israeli authorities usethe landsof the church. The lsraeli authorities to deniedhis requestalthoughthe authorities permit the prieststo leasethe church did propertyto Jews. In August 1951,the Israeli governmentLiaison Officer for ChristianEthnic Groups,David Anat, informed FatherEstafanthat compensation would be offered to Kafr Bir'im residents their inability to work their agriculturalland for the entire for period of their evacuation.Seeattached Exhibit 8. However,to my knowledgeno residentof the village ever receivedsuchcompensation from the Israeli government. In April 195I, the Israeli governmentleased landsand cropsto a Jewish the agriculturalcompany. The employees hired to work the land for the Jewishcompany were other PalestinianArabs from the Northern Galilee. The fact that the Israeli government permittedthe Jewishcompanyto employ Palestinian Arabs to work the land of the village of Kafr Bir'im contradicted statements someIsraeli government of officials who claimedthat the evacuation the areaof Kafr Bir'im was relatedto the securifyrisk of associated with having Palestinian Arabs living and working so closeto the IsraelLebanonborder. In May, 1951,ten residents Kafr Bir'im filed a petitionin the IsraeliSupreme of Court againstthe Prime Minister as Minister of Defense,the Minister of Agriculture, the Custodianof AbsenteeProperties, the Military Commander the Galileerequesting and of that the court compel the abovelisted authorities orderthe Israeli government permit to to

5of13

Petiticn to the UN Human Rights Council under ECOSOC Resolution 1503
t

Principle Cases - Kaft Bi/im

I

of them to regainpossession their homesand properties. The had the in Israeli SupremeCourt responded July 1951by holding that Kafr Bir'im residents right to return to the village, and that this right would apply as long as no evacuationorders were issued. The Military Governor refusedto permit the residentsof Kafr Bir'im to return to their lromesand property, therefore,the residentsfiled anotherpetition with the Israeli Court issuedan order nisi to SupremeCourt. On October 8, 195l, the Israeli Supreme the governmentto explain why the residentsof Kafr Bir'im continued to be prevented from returning to their village and to their lands and provided the appropriateIsraeli officials 16 daysto reply. On October31, 1951,the Military Commandin Galilee requestedto extend this period, in order to enablegatheringof relevant information filed with various governmentdepartments. SeeattachedExhibit 9. The Minister of Agriculture respondedto the Israeli SupremeCourt's order by confirming that it had received Kafr Bir'im lands under his guardianshipaccordingto the Emergency

2
J

4 5 6 7 8 9 l0 l1

tz
13 l4

1 5 Regulations 1949 and that this fact did not affect the title of the owners to their land. See 1 6 attachedExhibit 10.

t7

However, parallel to the eventstaking place in the SupremeCourt, the Israeli

1 8 army prepareda strategyaimed at preventingthe return of the residentsof Kafr Bir'im to t9 20 2l
their village. On August 2, 195l, the military legal advisorsenta secretmemo to the Head of the Departmentof Operationsin the Military Governateof Galilee informing him that after examining the SupremeCourt decision the only way to prevent the return of the uprootedvillagers was to issueevacuationorders. SeeattachedExhibit I l. Between October and November 195t, after the SupremeCourt order requestingthe

z2
23 24 25 26

6of13

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

PrincipleCases - Kafr Bir'irn

I 2 3 4 5 6 7 8 9 l0 l1 TZ 13 14 15 l6 17 l8 l9 20 2l ZZ 23 24 25 26

governmentto statewhy it had not let the villagers return to their homes and properfy, the IDF announced that the region of Kafr Bir'im was a "closed military area"and that all personswould have to evacuate village. Seeattached the Exhibit 12. At the time of the residingin Kafr Bir'im sincethey had beenevacuated order,there were no residents by the Israeli military threeyears earlier. The apparentpurposeof the order was to legalize the initial evacuation.Seeattached Exhibit 13. On Januaryl8'n, 1952,the Israeli Supreme Court decidedthat the residents Kafr of Bir'im were entitledto returnto their village but only after obtainingspecialpermitsfrom the military commander.The military commanderrefusedto issueany suchpennits. On August l4'h, 1953,the Ministry of the Financeordered confiscation the landsof the of Kafr Bir'im underthe Land Acquisition (Validationof Acts and Compensation) Law 1953. The Minister of Financedeclared that the landsof Kafr Bir'im were not in the possession'of ownerson April I, 1952and that it was abandoned its and left uncultivated. He also declaredthat the land was assigned during the requisitetime period for essential purposes and that the confiscationis still requiredfor thesepurposes.At the time of the Minister of Finance'sdeclaration, Kibbutz Bar'am was the only settlement Kafr on Bir'im land. Kibbutz Bar'am only occupieda fractionof the total areaof the land confiscated underthe Minister of Finance'sorder yet the entire land areaof the village was confiscated. In a meetingbetweengovernment and army representatives September on 16, lg53,it was decided that: l) the residents Kafr Bir'im would not be allowedto return; of 2) they would be resettled and rehabilitated Al Jish;3) alternativeland given to them in would not extendbeyondthe securityline determined the Military Governorof by

7 o'f13

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

Principle Cases - Kafr Bir'im

I 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 l6 17 I8 l9 20 2l ZZ 23 24 25 26

Galilee; and 4) title to the land would be transferredto them in exchangefor the land in Exhibit 14. Kafr Bir'im. Seeattached 1953,the IDF dynamitedand aeriallybombedthe On Septemberl6s and 17te, of them while the fonner residents the village looked on homesof Kafr Bir'im destroying "The Wailing Place." Only the from a hilltop in Al Jish today known as Al Mabka or church was sparedfrom destruction. After the bombing, looters were permittedto enter the village to cart offbuilding materialsand the church bell. endedmilitary rule in the country in 1966,the Although the Israeli government residentsof Kafr Bir'im were not allowed to return to their village. In fact, the Israeli military rule in the village of Kafr Bir'im. In DefenseMinister Moshe Dayanreinstated the sameyetr, Prime Minister Golda Meir statedthat the displacedresidentsof Kafr this would because Bir'im would not be allowed to returnto their homesand properties set a bad precedentfor other PalestinianArab displacedpersonsand refugeeswho may attempt to return to their property inside Israel. of from their village, the residents Kafr Bir'im have Sincetheir forced evacuation persistedin trying to obtain the return of their propertiesthrough the offices of the Israeli the President, Prime Minister, membersof parliament,and other public officials. Section Three: Current Status of the Former Residents of Kafr Bir'im and Their Property Lebanonas of Approximately 500 inhabitants Kafr Bir'im now live in southern constitutes1,800dunams. Most of the former refugees. The landslost by the refugees inhabitantsof Kafr Bir'im are currently living in Al Jish. Others reside in Acre, Haifa, and Ijdeidi Al Makar. The former inhabitantsof Kafr Bir'im and their children currently

8of13

Petitionto the UN Human Rights Councilunder ECOSOC Resolution1503

PrincipleCases - Kafr Bir'im

1 2 3 4 5 6 7 8 9 l0 11 12 13 14 l5 16 17 18 l9 Z0 2l ZZ 23 24 25 26

living inside Israelnumberover 2000 persons.Their propertyconstitutes 4,235 dunarns, not including l9l dunamsof land owned by heirsof the deceased former residents. Lands under the nameof the village mukhtar who held land in trust for others,5,988 dunarns, has beenclaimedby Israelas stateland. Approximately 1,360dunamsof Kafr Bir'irn propertyis either being usedas agriculturalland or is built up town land for the settlements Moshav Dovev, of established 1963,and KibbutzBar'am, established 1949. Although the IsraeliLand in in Administrationclaimedthat almost 7,000 dunamsof Kafr Bir'im land was being usedas grazing land by the samesettlements and Kibbutz Sasa,seeExhibit 4, no more than 50 headof cattle from the settlements were locatedon Kafr Bir'im landsby March 28,lgg3. A nationalpark is locatedon 95 dunamsand the Yitzhak Rabin Forestis on 1,933 dunams. The Israeli government hasdesignated Kafr Bir'im land adjacentto the formerly built up areaof the village as a naturereserve.A sign sits in the entrance the former to village that describes areaas the site of a former Jewishvillage going back thousands the of years. Despitethe visible remainsof the bombedout homesof the former villagersof Kafr Bir'im, no mention is madeon public signsthat a Palestinian Christianvillage hundredsof yearsold oncestoodon the sitejust decades ago. In 1967,the Israeli government beganto permit the former residents Kafr of Bir'im to bury their deadin the Churchcemetery Later, in 1977,the former residents . of Kafr Bir'im were allowed to hold Church services the Churchbuilding on Christian at holidaysand oncea month. Seeattached Exhibit 15. Every Easter, over 1500people, former Kafr Bir'im residents, their children,and grandchildren, attendservicesin the church. During the summermonths,the childrenof Kafr Bir'im attendsummercamp in

9of13

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

PrincipleCases - Kaft Bir'im

I 2 3 4 5 6 7 g g l0 1I lZ l3 14 l5 16 17 l8 lg Z0 Zl ZZ 23 24 25

the church. The families of Kafr Bir'im continueto teachtheir children abouttheir village and about their hope to return to their former community. Section Four: Efforts of the Villagers to Seek Return of their Properties Kafr Bir'im in 1951,the concerning Court decision Sincethe IsraeliSupreme Court review of the of former residents Kafr Bir'im havenot soughtSupreme continuation of the closure of their village. The former residentshave determinedthat it would be futile to refile their claim in light of the Israeli SupremeCoutt's treatmentof Christianvillage underthe of closure,and destruction anotherPalestinian the evacuation, In samefactual circumstances. the 1981decisionof The Committeeof the Iqrit Court refusedto examinethe validity of Displacedv. Stateof Israel,the Israeli Supreme of the confiscation of the land of Iqrit becauseof the passage time-30 years- The Court also refused to reexaminethe legal basis for the original closure and statedthat it would not secondguessthe mititary's decisionto maintainthe closureof Iqrit today. in of In 1993,the former residents Kafr Bir'im and Iqrit succeeded having a committee within the Knesset,the Constitution, Law and JusticeCommittee, discussthe possibility of the return of the residentsof the two villages to their properties. A law that would permit the return of the villagers was proposedby the Committee, however,the itPrime Minister oPPosed After the failure of the Knessetto resolvethe issueof the displacedof Kafr Bir'im and lqrit, in I 993, theRabin Governmentformed a ministerial committee called the Libai Committee,to devisea solution. In its findings,the Libai Committeedetenninedthat there was no statesecurity reasonto continue to prevent the villagers from returning to

z6
1 0o f 1 3

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

Principle Cases - Kafr Bir'im

I Z 3 4 5 6 7 8 9 10 l1 12 l3 14 l5 16 17 18 19 20 2l 22 23 24 25 26

their homes and property. It statedthat it would be possibleto return to a limited area without harming the rights of thosewho subsequently were permittedto settlein the area. The former residents Kafr Bir'im were permiftedto present of submissions the to ministerialcommittee. In their third and fourth submission, former residents the included various proposalsfor their returnto the village of Kafr Bir'im which would not disrupt the Jewish settlernents that currently exist or any of the Jewish agricultural areas. See attachedExhibit 16. Despitetheseproposals, Libai Committeedecidedthat only the thosevillagers who owned a home in Kafr Bir'im in November 1948and two descendants the ownerswould be permittedto returnto the village land. Title to the of propertywould remainwith the Stateof Israel. The Libai Committeealso decidedthat thosechoosingto returnmay rent only one half dunam in orderto build a home. A total of 600 dunamswere to be allocated the village for its useso long as it was only used to purposes. for residential The former residents Kafr Bir'im rejectedthe Libai Committee'sdecision of (l) because it did not permit all the former residents Kafr Bir'im and their descendants of to return to their homesand property;Q) it requiredthoseallowedto returnto rent and not own their properfy;(3) it requiredresidents renounce to their claimsto their original lands;and (4) it did not permit their communityto expandand developin the future beyonda residential community. While the former residents Kafr Bir'im had agreedto of permit the Jewishsettlements agriculturalconcerns use their property,the former and to residents soughttheir right to restitutionof and return to all their land. On October 10, 2001,after reviewingthe recommendations the Libai of Committee,the Israeli Cabinetissueda decisionsayingthat the villagersshouldnot be

11of13

Petition to the UN Human Rights Council under ECOSOC Resolution 1503

Principle Cases - Kaft Bir'im

I 2 3 4 5 6 7 8 g I0 II 12 13 14 I5 l6 17 I8

allowed to return to their former vitlage and property becauseit would set a bad precedent.ln December2001, the Israeli SupremeCourt orderedthat compensation of of should be paid to the residents Kafr Bir'im and tqrit. The residents both villages rejectedthis. In June 2003,theIsraeli SupremeCourt decidedSbit et al. v. Stateof Israel in which the Court refusedto order the restitution of even some part of the former village of Iqrit unusedby the neighboring Jewish settlements. The SupremeCourt ignored the Libai Committee'sfindings regardingthe possibility of rebuildingthe village on the unused portion of the village land and acceptedas true the state'sclairn that all the village land is occupied. The SuprerneCourt reiteratedthe argumentof other Israeli government ofhcials that to resettlethe villagers of Iqrit back to their former village would set a bad precedentwith respectto the continuing demandof Palestinianrefugeesand internally displacedto their right to return to their homes and properfy inside Israel. To date,no seriousattempt has been made by the Israeli governmentto resolve the of issueof the confiscationof the landsof the former residents Kafr Bir'im. It is clear to of the Committeeof the UprootedResidents Kafr Bir'im that the Israeli governmenthas no intention of ever returning the lands of Kafr Bir'im to their owners. Therefore,the Committeeseeksnow the interventionof the UN Human Rights Council.

12of 13

Petition to the UN Human Riqhts Council under ECOSOC Resolution 1503

PrincipleCases - Kafr Bir'im

hereby deolare that to the best of my knon iedge rurd belief that I. rhe ur:rd.ersigpred, Llreabove statementis true ar:d correct and i herein sign afiel having the sen:e trirnsli*tad lo rny nstir,e Arabic ianguage by'the attomey tt:hosesigtature occurc belot,.

___/_/__ od Signatffi. ihe.4ffiant

,/r?

4 ft{_./
,\iilme of Affanr

e 4g*f!t+t frF 84.*e

af ,4tldress A1fiaht

Subscribed and swom to befcrrenrt. tltis

7*

,iur.r'&pr-\1 -

i*{ f"*V
lsrae{i llar lria.

{i}iCa'.,ii *f Ajif lb:ahi;r:

l3 ofl3

1 3o f 1 3