WRMEA, August 2010, Pages 22-23

Gaza on the Ground

Bureaucracy vs. Occupation: Hamas Government Bulldozes Gazans' Homes

By Mohammed Omer

A resident of Rafah stands in the ruins of her home after it was demolished by the Hamas government. (Photo Imad Omer)

IN A strange interpretation of eminent domain—the government's right to take private property for public use—on the morning of May 16 the Gaza Strip's Hamas-led government, citing a lack of building permits and the need to requisition the land for public use—in this case, to build the Dawaa and Humanitarian Science College—dispatched bulldozers to the Rafah refugee camp in southern Gaza. The machines typically associated with Israeli occupation forces immediately began flattening the targeted homes, the residents of which insist they were given little or no notice, and that their claims to their homes are valid.

Many of the homes in the targeted district belonged to Gazans who had lost their houses during Israel's December 2008-January 2009 attack on Gaza dubbed Operation Cast Lead. Following the murderous 22-day attack, the Hamas government announced it would allow the reconstruction of more than 1,000 housing units, many to be rebuilt with cement smuggled through tunnels between Rafah and Egypt. Prior to the assault, however, in November 2008, Hamas Prime Minister Ismail Haniyeh had designated the land for the construction of a new university and sports field dedicated to science and humanitarian efforts. Unfortunately, the post-attack decree failed to cancel the earlier one. So the homeowners rebuilt. And on May 16, the bulldozers arrived.

From Homeowner to Homeless

One of the victims is 41-year-old Issa Al Sududi. "I had no prior warning," he said, staring at the remnants of his home in shock. When he tried to stop the demolition, police officers beat him, until a policeman who recognized Issa stopped the assault. Issa's wife, overwhelmed, collapsed while resisting the police. She was transferred to the hospital with an injured left arm and leg.

Samir Zaquot, 46, lives in the Al Barahma residential area. Prior to 2005 it was impossible for Palestinians to live here because of its proximity to the Jewish-only colony at Rafiah Yam. When Israel withdrew the settlers and dismantled the colony, Samir built his home on a 150-meter plot, using cement smuggled into Gaza through the life-line tunnels. He, his wife and their five children have lived in the house since 2006. But on May 16, it was demolished.

Yet another victim is newlywed and father-to-be Attef Abu Azzoum. He and his pregnant wife lost all their belongings when their home fell to the bulldozers. Even though they have nowhere else to go, the government will not allow the couple to sleep on the ruins of their home.

Fahmi Al Ghazawi, his wife, Shadia, and their four children moved to Rafah from Gaza City's Al Zaytoun neighborhood after their home was destroyed by Israel during Operation Cast Lead. Al Ghazawi built their new home as an act of civil disobedience, to challenge the Israeli siege and blockade of Gaza. Now it has been razed by Hamas. Determined to remain in the ruins of his home, he vows he will not give up, noting he has little choice.

Thirty-one families—190 people—are newly homeless in Gaza. In three hours, 12 residential structures were destroyed, according to the United Nations Officer for Humanitarian Affairs in Occupied Palestinian Territories. Residents who resisted the demolition of their homes, including Al Sududi and his wife, were beaten with sticks and guns. Adding insult to injury, Hamas government officials claim the homes were razed because "they were built on public land and with no permits." For more than 40 years, tens of thousands of Palestinians living under occupation have had their homes demolished by Israeli forces on similar charges. Surely they never could have anticipated that their own government officials would resort to the same behavior.

The legality of demolishing the homes remains a major issue for many human rights groups, noted Rafah Mayor Issa Al Nashar. In an interview with the Washington Report, however, he insisted that the demolished structures were built illegally and hence considered "aggressions on public properties."

According to the mayor, building on public prosperity requires approval from the Lands Authority as well as a license from the municipality. His, he said, is committed to "stopping all those who are trying to gain money illegally by confiscating public property." Informed that Atef Abu Azzoum had paid $4,500 for his 200 meters of land, the mayor responded that was too small an amount for a legal purchase. Mayor Al Nashar did not indicate, however, whether landlords who sold the land to the residents would be fully investigated, noting that "the man who sold the [land on which the houses were built] has died recently."

The affected families were given warning of the demolitions via the media and letters of notification, the mayor added, but Al Ghazawi disagreed. "No warnings were given," he insisted, saying he was surprised to see the bulldozer demolishing the room he had added on to his house to accommodate his elderly mother.

De Facto Governments

When Hamas won the January 2006 parliamentary elections in the West Bank and Gaza, it generally praised any housing construction as a challenge to the Israeli siege. Prior to 2005, families living close to Jewish-only colonies in Gaza endured near daily bombings by the Israeli military and attacks by settlers; after Israel dismantled the illegal settlements, these families were viewed as heroes. Now, suddenly, an internal threat to their existence has replaced the external one

Dr. Ibrahim Ibrash, professor of political science at Gaza's Al Azhar University, characterized Hamas' house demoliton policy as "imposing power on the ground." Not only was it "illegal," he added, but "the timing is inappropriate...even if such demolitions of houses happened under a legitimate government and not de facto government, [it] is still not acceptable at a time when people are suffering shortages of construction materials."

The elected term of Hamas officials ended in January of this year, yet in the absence of new elections they remain in power. In Ramallah, the term of President Mahmoud Abbas expired on Jan. 9, 2009, but he unilaterally extended his term for one year. As a result, after the democratic elections of January 2006, described as free and fair by international observers including President Jimmy Carter, Palestinians living under Israeli occupation once again are governed by unelected officials.

Both locally and internationally, criticism of Hamas is increasing over the demolitions and the use of capital punishment. In April, two Palestinians were executed on suspicion of treason. On May 18, the Hamas Ministry of Interior announced the dawn execution by firing squad of three Palestinians found guilty of murder in 2005. While the Ministry said the executions were carried out in accordance with Palestinian law, the Ramallah-based Palestinian Authority (PA) emphatically declared the executions "illegitimate and illegal" because they were not approved by the head of the PA, Abbas, as Palestinian law requires.

More Demolitions?

Hamas has scheduled approximately 200 more houses for demolition in the coming weeks. Families living in the areas wait apprehensively, unsure if tomorrow their homes may be gone. For the 31 Palestinian families whose homes were razed May 16, the irony of the date—coming one day after the 62nd anniversary of the Nakba, the day of mourning marking the initial ethnic cleansing of Palestine and the 1948 establishment of Israel—only rubbed salt in their wounds. Rafah Mayor Nashar refused comment on this during our interview, saying the timing had nothing to do with anything other than "implementing law and order."

In another bitter irony, as the Hamas government presses forward with its plans to continue demolishing homes in the south of Gaza, it handed over the first of 1,000 houses to be rebuilt in East Jabalya to its new owner. That a Palestinian family received a home from Gaza's ruling party is of little comfort to the families in Rafah who lost their homes to bulldozers on May 16, however. For them, many agree, it's like reliving the Nakba—only this time at the hands of their own government.

Award-winning journalist Mohammed Omer reports on the Gaza Strip, and maintains the Web site . He can be reached at <>.