Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

Habitat International 41 (2014) 135e141

Contents lists available at ScienceDirect

Habitat International
journal homepage: www.elsevier.com/locate/habitatint

‘The right to the city’ revisited: Assessing urban rights e The case
of Arab Cities in Israel
Yosef Jabareen*
Faculty of Architecture and Town Planning, Technion e Israel Institute of Technology, 33855 Haifa, Israel

a b s t r a c t
Keywords: Based on a critical revision of Lefebvre’s right to the city, this paper proposes a conceptual framework for a
The right to the city right to the city that is made up of several rights. The study uses this framework to assess the right to the
Developing cities
city held by the Arab minority in Israel. The study indicates that inhabitants of cities in Israel, both Jews
Arab cities in Israel
Minorities
and Arabs, are to a large extent denied the right to the city, although unequally. Significantly, this paper
Planning reveals that the rights to the cities held by Palestinians in Israel are deficient and incomplete. This
problem is a structural and deeply political and ethnic one that could not be solved at the city level. The
right to the city has a political agenda that aims to enhance the political conditions of urban life and its
inhabitants in the face of the economic processes and the hegemony of the central state. A crucial insight
regarding the right to the city regards cityestate relationships, suggesting that the right to the city
represents a framework that aims to protect the city from state tyranny and technocrats and to provide
adequate human shelter with a strong political status. The absence of the right to the city has the potential
to intensify conflicts between the inhabitants and the state; conversely, it suggests that a progressive
right to the city might mitigate ethnic conflict.
Ó 2013 Elsevier Ltd. All rights reserved.

Introduction modern city, the people’s rights and involvements have been
harshly distorted. In his The Urban Revolution (2003), Lefebvre ar-
The right to the city, a term coined by Henri Lefebvre, has become gues that one of the most disturbing problems of urban life is the
a symbol and an ideal for human rights in cities and among urban extraordinary passivity of the people and the lack of participation of
communities in recent years. The right to the city has been a those who are affected by urban projects and influenced by related
leading concept and vision for the framing of rights and equality in strategies. He asked “Why this silence?” and “What is behind the
the recent literature on urban studies and other, related social strange situation?” (2003: 181). Lefebvre argues that “the city has
sciences. Many theorists in planning and urban-oriented disciplines been attacked by industrialization” (p. 74), resulting in dispos-
have contributed to emerging knowledge in this critical field that sessed neighborhoods and uprooted people, deteriorated residen-
explores rights, citizenship, and cities (Amin & Thrift, 2002; Attoh, tial areas, ghettos for the underprivileged, disorganized people,
2011; Brenner, Marcuse & Mayer, 2012; Harvey, 2003; Harvey & fragmented communities, spatial fragility, and property specula-
Potter, 2009; Isin, 2000; Klodawsky & Blomley, 2009; Marcuse, tion and exploitation. Lefebvre (2003: 136) concludes that the way
2009a,b; Purcell, 2002, 2003). to approach the urban problematic depends on the economic, so-
Lefebvre (1996: 67) argues that prior to industrialization pro- cial, and political structure of the country, as well as its ideological
cesses, “the society, as a whole, made up of the city” and that each superstructures. Accordingly, he proposes the right to the city as a
city tends to constitute itself as an enclosed, self-contained, self- response to the urban problematic, aiming to meet the “practical
functioning system. Lefebvre insists that the groups that consti- and theoretical crisis” and challenges that face the modern city
tuted the traditional city were “rivals in their love of the city” (p. 67) (1996: 74). Although Lefebvre expresses admiration and nostalgia
and that “each citizen was expected to have a reasoned opinion on for the traditional city over the “distorted” modern one, he states
every fact and problem concerning him” (p. 81). However, in the that “the right to the city cannot be conceived of as a return to
traditional cities. It can only be formulated as a transformed and
renewed right to urban life” (1996: 158). Lefebvre concludes that
* Tel.: þ972 528655336. the right to the city “is like a cry and a demand” (Lefebvre, 1996:
E-mail address: jabareen@technion.ac.il. 158). Accordingly, “the right to the city manifests itself as a superior

0197-3975/$ e see front matter Ó 2013 Elsevier Ltd. All rights reserved.
http://dx.doi.org/10.1016/j.habitatint.2013.06.006
136 Y. Jabareen / Habitat International 41 (2014) 135e141

form of rights” (Lefebvre, 1996: 173), and those who are eligible for framework for the assessment of the concept in cities. The second
the right to the city are all of those who inhabit the city (Lefebvre, section analyzes the right to the city among cities of the Palestinian
1996: 158). minority in Israel. The final section draws conclusions and makes
However, Lefebvre’s concept of the right to the city is highly recommendations.
abstract and lacks a framework for applicability (Fainstein, 2009).
Attoh (2011) suggests that although many progressive scholars Methods
have embraced the idea of the right to the city, what they mean by
rights has often been left unexplored, and the term rights in this To build the conceptual framework, a conceptual analysis
literature remains a “black box.” Moreover, Attoh (2011) argues that method was used. This method is a grounded theory technique that
although the right to the city has generated excitement among aims to “generate, identify, and trace a phenomenon’s major con-
urban grassroots organizations and scholars, the right to the city cepts, which together constitute its theoretical framework”
framework offers us little assistance in navigating the way forward. (Jabareen, 2009, 2013). Each concept possesses its own attributes,
Moreover, “within the scholarship it remains a fuzzy concept,” very characteristics, assumptions, limitations, distinct perspectives, and
broad and with a number of inconsistencies and sticking points specific function within the conceptual framework. According to
(Attoh, 2011: 678). Marcuse (2012: 27) asks, “what does the right to Deleuze and Guattari (1991), “all concepts are connected with
the city mean? Whose rights are we talking about? What right is it problems;” therefore, we are dealing with “a problem concerning
we mean?” (p. 27). Apparently, there is a striking lack of work that the plurality of subjects, their relationship, and their reciprocal
conceptualizes the right to the city and explains exactly what type of presentation” (p. 16). In our case, these concepts are related to ur-
rights the right to the city advocates. Does this concept refer to ban rights issues. Accordingly, the conceptual framework of the
group rights, individual rights, or a mixture of both? Or does the right to the city, which this paper seeks to develop, is a network of
right to the city come at the expense of individual rights, as Attoh interlinked concepts. I refer here to a right as a concept. The con-
(2011) suggests? A better conceptual framework will make it ceptual framework is composed of concepts that “link with each
possible to address rights in cities and the limits of the right to the other, support one another” (p. 18).
city in actual settings. In the next section, this paper presents the The methodology delineates the following stages in the devel-
conceptual framework of the right to the city. opment of a conceptual framework: a) mapping multidisciplinary
Attoh (2011: 674) suggests that Lefebvre in fact spends little data sources, b) reviewing the literature and categorizing the
time elucidating what a right to the city might look like in a prac- selected data, c) identifying and naming the concepts, d) decon-
tical sense, saying, “Lefebvre’s notion of rights was sketchy at best, structing and categorizing the concepts, e) integrating the concepts,
and, worse, the growing scholarship on the ‘right to the city’ offers f) synthesizing, re-synthesizing, and clarifying, and g) validating
little clarification.” Purcell (2003: 576) argues that “few have the conceptual framework. The process of constructing the con-
engaged in a close reading of Lefebvre’s work.or seriously ceptual framework involves extensive review and classification of
examined the implications of Lefebvre’s idea and how it might the literature that addresses environmental, social, cultural, and
provide the basis for a new form of citizenship that challenges the urban aspects of resilience. This literature originates from a variety
neoliberal world view.” He argues that “the lack of a critical of disciplines and fields of study, such as sociology, anthropology,
engagement with Lefebvre’s idea has led to an overstretching of the public policy, political science, economics, ecology, geography, and
concept.” urban planning.
Therefore, this paper aims to propose a conceptual framework of
the right to the city and apply it in a real urban setting in developing The conceptual framework of the right to the city
cities. Therefore, based on Lefebvre’s writings, the paper first pro-
poses a conceptual framework that will allow for an assessment of This section identifies and presents the conceptual framework
the extent to which the right to the city could be achieved in of the right to the city after the completion of an analytical reading of
different cities around the world. Then, the paper applies the Lefebvre’s writing on cities and the right to the city. Apparently, it is
conceptual framework to assess its limits and achievements in the sometimes not easy to grasp Lefebvre’s writings, and identifying
case of the cities of the Palestinian minority in Israel. the rights in his thesis regarding the right to the city is not an easy
The assessment of the right to the city among the Palestinian mission.
minority cities in Israel, which compose approximately 20% of the A right may be defined as “a privilege or claim to which one is
state population, is theoretically intriguing for a few reasons. The justly entitled,” and can be described using the following state-
first is the centralist nature of the political structure of Israel and ment: “to be denied a right is to be placed at a particular disad-
the uneven distribution of power between cities and their local vantage, forced to acquiesce to the rights claimed of others”
authorities and the central state. This issue provides us with the (Klodawsky & Blomley, 2009: 573). Additionally, in liberal societies,
opportunity to examine the issue of rights in cities located in a rights are notionally universal, applying to all equally. However, in
powerful centralist political state. The second reason is the pre- real life, people are differently positioned in relation to rights
vailing territorial and ethnic conflict between Palestinians and Jews (Klodawsky & Blomley, 2009).
within Israel itself or between the Palestinian citizens of Israel and In his writings, Lefebvre mentions many rights, and these rights
the state. This conflict has a decisive role in terms of spatial plan- sometimes represent the same content and values. Therefore, I
ning and space production. Israel is defined as a ‘Jewish-Democratic merged some of these rights to allow each right to be distinctive
State’ where Palestinian Muslims and Christians, who primarily and represent an independent concept of content. Following a
oppose this definition, live as ethnic minorities. Third, there is a critical analysis of the concept, this paper proposes a framework for
high level of ethno-spatial segregation, as the vast majority (90%) of the right to the city as a right composed of distinct and intertwined
Palestinians live in completely ethnically segregated Palestinian rights, as follows:
cities. This ethno-spatial segregation allows us to examine the right
to the city in exclusionary minority cities, or the cities of ‘others’ or The right of appropriation
the ‘underprivileged’.
This paper is composed of four sections. The first section ana- This right regards the right of people to use and produce spatial,
lyzes the concept of the right to the city and provides an analytical social and cultural spaces. This right entails the right to design and
Y. Jabareen / Habitat International 41 (2014) 135e141 137

aesthetics in the urban arena. Purcell (2003: 577) suggests that “in shape the central areas of the city” (Purcell, 2003: 578). Marchal
advocating the right to appropriate urban space, Lefebvre is not and Stébé (2011) suggest that by proposing the notion of central-
referring to private ownership so much as he is referring to the ity, “Lefebvre wanted to put an end to the dualism of the centre/
right of inhabitants to ‘full and complete usage’ of the urban space periphery which is indissociable from the rich/poor divide”, and
in the course of their everyday lives (Lefebvre, 1968; 1996: 179)”. therefore, “centrality restored the right to socialize and assemble; it
Therefore, “the right to appropriate urban space involves the right restored the right to live, to adapt oneself to the surroundings, to do
to live in, play in, work in, represent, characterize, and occupy ur- what one wanted with one’s living space; it restored the need for
ban space in a particular city” (Purcell, 2003: 578). conviviality, sharing and defining spaces beyond what politicians
and town planners decreed.”
The right of participation
The right to inhabit: or the right to urban citizenship
This right regards the people’s involvement in social, cultural,
The city “gathers the interests.of the whole society and firstly
spatial, and economic space production. Therefore, this right in-
of all those who inhabit” it (Lefebvre, 1996: 158). Accordingly, the
cludes the right to information on what is going to be produced or is
urban eligibility for the right to the city is for all people who inhabit
already produced and the right to an oeuvre. Lefebvre (1996: 173,
it. Individuals and communities’ right to inhabit does not override
translated in Kofman & Lebas, 1999: 33) involves the following:
that of “foreign invaders” (see Mitchell) and immigrants. Citizen-
“For 200 years the rights of citizen had hardly changed from that ship involves rights, duties and membership in a distinct political
of the right to express an opinion and vote. However, citizenship community (Kymlicka & Norman, 1994).
should aim to create a different social life, a more direct de-
mocracy, and a civil society based not on an abstraction but on The right to habitat
space and time as they are lived.”
Lefebvre (1996: 173e4) suggests that the rights “to habitat and
This right “grants the right to participate centrally in any deci-
to inhabit” are implied in the right to the city.” This right represents
sion that contributes to the production of urban space. The decision
one of the most important socio-economic rights of individuals and
could be under the auspices of the state (such as a policy decision),
their families and is the right to housing. One aspect of the
of capital (an investment decision), or any other entity that affects
contemporary social and urban protest around the world has been
the production of space in a particular city”, and “it could be made
the claim to the right for decent housing. This right includes the
at a range of scales; it could involve any level of the state (national,
right to safety, a clean and protected environment, environmental
provincial, local), or corporations that operate at any scale (global,
justice, clean water, and basic infrastructure.
national, local)” (Purcell, 2003: 578). Lefebvre suggests that “The
right to the city manifests itself as a superior form of rights: right to
The right to individualization in socialization
freedom, to individualization in socialization, to habitat and to
inhabit. The right to the oeuvre, to participation and appropriation
This right is the first that is clearly directed toward individuals
(clearly distinct from the right to property), are implied in the right
and not the ‘people’ or a ‘class’. Today, this right is trivial, although
to the city” (Lefebvre, 1996: 173e4). Don Mitchell (2003: 17) sug-
not in Arab cities. This right is less critical in western culture but
gests that “the most important is Lefebvre’s normative argument
still important in traditional cultures. The right entails the right to
that the city is an ouvre-a work in which all its citizens participate.”
freedom and the right to difference. The idea is that “the city is the
The city as ouvre is “alienated.and not so much a site of partici-
place where difference lives” (Mitchell, 2003: 18).
pation as one of expropriation by a dominant class (and set of
In summary, the right to the city, as presented here, is based on “a
economic interests)” (Mitchell (2003: 18).
moral claim, founded on fundamental principles of justice”
(Marcuse, 2012: 27), it incorporates “multiple rights” that challenge
The right to centrality the uneven and distorted relationship between the state and the
city, and it eventually addresses the urban crisis and strives to
For Lefebvre, “the call for a right to the city is a right to cen- restructure it. The right to the city challenges the hegemony of the
trality” (Elden, 2004: 151) and “that is the right not to be excluded state and its institutions in the city, and it emphasizes local domi-
from the centrality and its movement” (Elden, 2004: 157). Lefebvre nation over the production of urban spaces rather than the hege-
proposes that mony of the state and its institutions.
“The right to the city, complemented by the right to difference
Geopolitical and demographic context
and the right to information, should modify, concretize and
make more practical the rights of the citizen as an urban dweller
This paper focuses on the Palestinian minority cities in Israel. In
(citadin) and user of multiple services. It would affirm, on the
the aftermath of the war of 1948 between Arabs and Jews, Israel
one hand, the right of users to make known their ideas on the
was established and 780,000 Palestinians were dispossessed and
space and time of their activities in the urban area; it would also
displaced (Abu Lughod, 1971; Forman & Kedar, 2004; Morris, 1987).
cover the right to the use of the center, a privileged place,
Only 156,000 Palestinians remained within the state of Israel and
instead of being dispersed and stuck into ghettos (for workers,
became Israeli citizens. The overwhelming majority of the Pales-
immigrants, the `marginal’ and even for the ‘privileged’) (1991a:
tinian urban elite and middle class were deported from the country
2342, translated in Kofman & Lebas, 1996: 34).
and became refugees on the West Bank, Gaza Strip and in neigh-
This right ensures access to power, the use of abstract and boring Arab countries. From 1948 to 1966, the Palestinians in Israel
concrete spaces and central and peripheral places, and effective lived under military rule (Emergency Defense Regulations) applied
people’s participation. Therefore, this right entails the right to use only to them, although they were formally declared citizens of the
urban spaces, including privileged spaces. Importantly, “the right to state in 1948. Military rule placed tight controls on all aspects of life
centrality thus involves both a right to take a leading role in deci- for the Palestinian minority, including severe restrictions on
sion making as well as the right to physically occupy, live in, and movement, prohibitions on political organization, economic
138 Y. Jabareen / Habitat International 41 (2014) 135e141

restrictions, and the censorship of publications (Jiryis, 1979; Ram, local authorities and is primarily responsible for many important
2013; Yiftachel, 2006). areas of space planning and development. In summary, the result of
During the period of Israeli military rule over the Palestinian Arab the centralized and hierarchical structure of the production of
population, the “Israeli authorities gradually but rapidly created space, which arises from the formal planning process, is that urban
legal structures to seize, retain, expropriate, reallocate, and reclassify inhabitants are left with limited power to meaningfully affect the
the Arab lands appropriated by the state” (Forman & Kedar 2004: production of space in their locales e cities and neighborhoods.
809). In addition, the Israeli government used these laws “to insti- The second factor hindering their right of participation lies in the
tutionalize the dispossession of Palestinian Arabs displaced by the ethno-political structure of the state. The legal and ethno-political
1948 war and trace the legal transformation of their land during the structure of the state determines the distribution of power between
formative years of Israel’s land regime (1948e60)” (Forman & Kedar the central government and the cities, and between ethnic groups,
2004: 809e10). The major outcome of the massive confiscation of primarily between Jews and Palestinians. The ethno-distribution of
Palestinian land is Israel’s current ownership of 93% of the land in power in Israel is dramatically biased and unequally distributed be-
Israel. Only 2.5% of Israel’s land is privately owned by Palestinian tween Arab and Jewish groups, which gives the Jewish communities
citizens. That is, the state of Israel directly controls the vast majority and cities privileged power in two aspects: the first is their privilege
of the country’s land and is responsible for land use planning, land for establishing new settlements, and the second is the highly more
allocation and distribution according to its policies. feasible access to the local power and decision making of the central
The Palestinian Arab minority in Israel is an indigenous minority governments and its ministries. Oren Yiftachel’s (2006, 2012) critical
that was the majority in Palestine until 1947. At the end of 2011, this concept “ethnocracy” provides a tool for analyzing the outcomes of
minority constituted approximately one-fifth of the state’s popu- state planning policies and their effects on different ethnic groups. He
lation. This minority included some 1,600,000 persons out of seven defines Israel as an “ethnocratic” regime that is based on the exclusion
millions persons living in Israel. The Palestinian minority in Israel of Palestinians and employs ongoing policies and practices that
belongs to three religions: Moslems constitute 82%, and Christians expand and deepen Jewish control over the contested territorial and
and Druze each constitute 9% (ICBS-Israel Central Bureau of Sta- economic resources in the country.
tistics, 2013). Therefore, urban Palestinian citizens of Israel are limited in their
capacity to produce their spaces following their “hearts’ desire,”
Assessment of a Minority’s right to the city aspirations, and community visions. This limitation results in
inefficient urban management and poor spatial, environmental,
This section assesses the Palestinian minority’s right to cities in physical, architectural, and cultural functioning in urban life
Israel according to the rights of this framework, as follows: (Jabareen, 2006).
The Arab minority is barely represented in the central govern-
The right of participation ment, and aside from a few exceptional cases, elected Palestinian
representatives and their parties have not been invited to partici-
Two major factors hinder Arab inhabitants’ right of participation pate in any governmental coalition since 1948. Although Pales-
in their cities. The first is related to the exceedingly uneven dis- tinian Arab citizens are legally allowed full political participation in
tribution of power between local and central authorities. The legal Israel, the community faces numerous obstacles to equal repre-
and institutional distribution of power between the central gov- sentation in political bodies (DePietro, 2013).
ernment and local authorities in Israel represents an extreme he- As an example, the current government of Israel, which was
gemony of the central government over cities. Jewish as well as formed in 2013, includes 22 ministers, none of whom is an Arab
Arab local authorities in Israel are subordinate to the “extreme (King, 2013a, 2013b). As a result, the interests of Palestinians in
centralism” of the national government and often viewed as general and their cities in particular are not represented in the
extremely weak (Razin, 2004). In addition, the local government central government or its powerful ministries. Although Palestinian
has had limited autonomy in a rather narrow range of functions, inhabitants have the right to vote, to be elected to the Knesset
and they exercise power on only a partial basis in terms of legis- (Israeli Parliament), and to elect their local councils and although
lation, taxation, financial management, and joint activities with representatives of their political parties serve in the Knesset, the
other bodies. Their competencies and areas of jurisdiction are right to real and influential participation is limited. In summary,
spelled out in ministerial orders, primarily issued by the Ministry of Palestinians are located outside governmental power and are
the Interior, as authorized by law. However, the local authorities extremely weak in the parliamentary game in Israel.
remain largely dependent upon the central government in each of Israel was founded by Jews to be the national home of the Jewish
these areas. Ultimately, this uneven distribution of power between people. This element shapes not only the collective and formal
the central and local authorities deprives urban inhabitants of identity of the state but also institutional structure, the allocation of
adequate exercise of their right to the city (Alfasi & Portugali, 2004; resources, spatial policies, and the determination of national pri-
Alterman, 2001; Razin, 2000). orities (Al-Haj & Ben-Eliezer, 2006; Fenster, 2004; Rouhana &
Local authorities in Israel are doubtlessly weak in terms of re- Ghanem, 1998; Yiftachel, 2006). In terms of resource allocation and
sources and lacking in sufficient power with regard to the pro- participation in decision making at the national level, the Pales-
duction of space (Jabareen, 2006). Israel has a highly centralized tinian has highly limited formal power and is left with only the
planning system for the use of land, in which the central govern- option of resisting centrally made decisions. Furthermore, Pales-
ment is involved first by way of its extensive powers to oversee tinian citizens have weak representation within the public sector
local-level planning decisions and second through its power to and governmental institutions, composing only 6% of civil service
draw up binding national plans for land usage (Alterman, 2001; employees in 2013. Given the highly centralized nature of the state
Fenster, 2004). Alterman (2001: 262) concludes that “given the of Israel, Palestinians therefore possess little power with which to
highly centralized structure of decisions, it is not surprising that shape their cities and produce their desired spaces.
central government is closely involved in many aspects of spatial Moreover, the hierarchy of power in the statutory planning,
planning,” which is channeled through the hierarchy of plans, from development, and production of physical spaces weakens the
national plans, to district plans, and down to the level of local plans. ability of the inhabitants of Palestinian cities to genuinely shape
The Ministry of the Interior itself supervises the activities of the their space. Palestinians are greatly under-represented at the
Y. Jabareen / Habitat International 41 (2014) 135e141 139

governmental level and at the national and district levels of plan- approximately 81% of the land-space in the state (Adalah, 2007).
ning committees. Legally, therefore, in addition to the lack of The Admissions Committees Law was approved in 2011. According
community participation in the planning process, they have little to to Adalah e the Legal Center for Arab Minority Rights in Israel e this
say during the statutory planning process, with the exception of the law seeks, inter alia, “to dispossess and exclude Arab citizens from
right to submit formal objections to plans when a Plan itself is the land; turn their citizenship from a right into a conditional
completed and legally submitted to the District Planning and privilege” (Adala, 2011). The Admissions Committees Law legalizes
Building Committee illustrates the hierarchy of institutions and “admission committees” that operate in communities and villages
their powers and the level of Palestinian representation within built on state land (Adalah, 2007, 2011). The law gives these com-
these institutions. mittees, bodies that select applicants for housing units and plots of
Moreover, in addition to the ethnic conflict and its results in the land, full discretion to accept or reject individuals hoping to live in
form of the deficient right to the city among this minority, Arab these communities. According to Adalah (2011), which legally
women are suffering twice, for their nationality and gender. They represents the highest High Follow-Up Committee for Arab Citizens
are not participating in any sort of planning or design of their local of Israel, is an extra-parliamentary umbrella organization that
urban spaces. For the most part, they are not elected to local mu- represents the Arab minority in Israel at the national level and
nicipalities, and none of the 66 mayors are female Arabs. They do encompasses all political parties, mayors of local authorities, and
not hold any municipal local power to influence their spaces. civil society organizations:
“The committees include a representative from the Jewish
The right of appropriation
Agency or the World Zionist Organization, quasi-governmental
entities, and are used in part to filter out Arab applicants, in
The deficiencies in the right of participation among Palestinian
addition to other marginalized groups. The law allows these
inhabitants directly contribute to the incompleteness of their right
committees to reject applicants deemed “unsuitable to the so-
of appropriation. Appropriation implies not only the right to occupy
cial life of the community. or the social and cultural fabric of
already-produced urban space but also the right to produce urban
the town,” thereby legitimizing the exclusion of entire groups”.
space that meets the needs of its inhabitants. Moreover, appropri-
ation grants inhabitants the right to the “full and complete usage” In summary, the right to centrality for Arabs in Israel is limited
of urban space in the course of everyday life. The political structure and does not include accessibility to and use of ‘privileged spaces.”
and the consequent power allocation between Arabs and Jews Israel was founded by Jews to be the national home of the Jewish
largely determines the limited scope of the right to appropriation people. This role is reflected not only in the collective and formal
among urban Palestinians and denies them full and complete usage identity of the state but also in its institutional structure, allocation
of their urban sphere (see Jabareen, 2006). of resources, spatial policies, and determination of national prior-
Although a local authority in Israel has a degree of autonomy, its ities. Yiftachel (2006: 295) suggests that planning in Israel is an
right to authorize and approve plans is legally limited. This limi- ethnocracy, which “denotes a type of regime that facilitates and
tation reaches an astonishing apex at the neighborhood level, at promotes the process of ethnicization, that is, expansion and con-
which a detailed plan for a community must be approved by the trol. It surfaces in disputed territories, where one ethnonational
District Committee of Planning and Building, and eventually, by the group is able to appropriate the state apparatus and mobilize its
interior minister. In almost every Arab city, the elected mayor legal, economic, and military resources to further its territorial,
usually opposes the planning policies of the District Committee of economic, cultural, and political interests.”
Planning and Building concerning his city and neighborhood plans.
Opposition to planning policies has become a significant theme for The right to inhabit
Arab representatives and their national institutions, primarily the
Follow-Up Committee of the Arabs in Israel. Similarly to all modern states in the world, citizenship in Israel is
not granted based on residence in a specific city. As in other
The right to centrality countries, those with national citizenship have the right to vote and
be elected to the national parliament regardless of their place of
On the one hand, Arabs have access to local power and the use of residence. At the local level, only citizens who reside in a specific
central and peripheral places within their locales. On the other city for a certain period of time (6 months) have the right to vote
hand, there are two major deficiencies in their right to centrality. and be elected. Foreign workers, illegal immigrants, and those who
The first is connected to the effectiveness of their participation in do not have citizenship have no right to vote. In this sense, Arabs
and determination and planning of their local spaces. As mentioned and Jews in Israel have the same status.
on previous pages, the legal system of Israel with regard to space However, citizenship in Israel is somewhat more complicated
production and planning does not give urban inhabitants the than it is in other countries in the world. Since its establishment,
appropriate power to affect the production of space according to Israel has enforced demographic policies aimed toward maintain-
their “hearts’ desires” or to take a leading role in decision making ing a strong Jewish majority population. Israel’s Declaration of In-
and the shaping of their cities. dependence (1948) states two principles important for an
The second is the right to use urban spaces, including ‘privileged understanding of the idea of citizenship and the legal status of
spaces’. In Israel, there are approximately 700 small Jewish settle- Palestinian citizens of Israel. First, the Declaration refers specifically
ments in which the Arab citizens of Israel have almost no right to to Israel as a “Jewish state” committed to the “ingathering of the
live, buy or build a house (Adalah, 2007, 2011). However, there are exiles.” Although such references to the Jewish nature of the state
two cases in which the Israeli Supreme Court asked communities to permeate the Declaration, it contains one reference to the main-
allow an Arab family to build their house in one of these areas tenance of complete equality with regard to political and social
(Adalah, 2007, 2011). At the present, Selection Committees operate rights for all of its citizens, irrespective of race, religion, or sex.
in approximately 700 agricultural and community towns, which However, there are still some laws that discriminate against the
account for 85% of the total number of villages in Israel. These Palestinian minority in Israel. The most important immigration law,
towns fall within the jurisdiction of 53 regional councils, which are The Law of Return (1950) and The Citizenship Law (1952), allow
distributed throughout the country and exercise control over Jews to immigrate freely to Israel and gain citizenship but excludes
140 Y. Jabareen / Habitat International 41 (2014) 135e141

Palestinian refugees who left their homes during the War of 1948. informality appears as a mode and logic of development and
These laws identify the state as a Jewish state; they provide benefits reconstruction among Arabs.
or privileges solely to the Jewish population. In brief, Palestinians The Palestinian minority’s collective struggle for equality has
who were born and lived in cities before 1948 and who become become an integral part of the citizenship and national components
refugees in the aftermath of the War of 1948 have no right to return of their identity. The issues of land confiscation, the demolition of
or be granted citizenship in their former cities. Furthermore, during unauthorized houses, economic injustice, and inequality in
the last year, the discriminatory Nationality and Entry into Israel governmental resource allocation for their cities have led the Pal-
Law, which prohibits the granting of any residency or citizenship estinian leaders to declare national strikes against governmental
status to Palestinians from the Occupied Territories married to Arab policies directed toward the Arab Minority.
citizens of Israel, was renewed. In addition, the government is
initiating new amendments that will severely limit the status of any The right to individualization
“non-Jews” in Israel married to Israeli citizens. Other initiatives
exclude Arabs and regularly threaten their citizenship. “The citi- Although this right appears to be quite achievable in Western
zenship of Arabs in Israel is so distorted that it can surely be called countries and cultures, it is not apparent in Arab society and cul-
‘de facto Class B citizenship,’ although no law determines it as such” ture. Urban Palestinians have the right to individualization in so-
(Dichter, 2005: 1). According to Adalah (2011), the Citizenship Law cialization and the right to difference, but Arab women cannot
(Amendment no. 10), which was enacted on 28 March 2011: “is one freely practice these rights. The right to individualization in the
of the most extreme punitive measures at the disposal of states, and urban arena is gender constructed. Arab women in Israel live in a
may result in cruel and disproportionate punishment, particularly context of Arab culture, and the society that surrounds them shares
when pursued against a particular group of citizens, in this case many social, religious, and cultural characteristics with the Arab
Palestinian citizens of Israel” (Adalah, 2011). These laws of citi- world. Arab society in Israel, as elsewhere, is collective, hierarchical,
zenship dramatically affect not only the concept of urban citizen- and patriarchal and is currently undergoing a gradual transition to a
ship but also citizenship itself. Although Arabs have formal Israeli more individualistic and liberal form of society (Zoabi, 2012). The
citizenship, their national citizenship is limited, as mentioned, and collective dimension, however, is still dominant, and society as a
eventually, there is no space for claiming urban citizenship. whole remains largely traditional and religious.

The right to habitat Discussion

The struggle for the right to habitat and housing has been a This paper suggests that inhabitants of cities in Israel, both Jews
major theme in the Palestinian minority’s political agenda since the and Palestinian Arabs, are to a large extent denied the right to the city,
establishment of Israel in 1948. Critical issues of land confiscation, although unequally. Cities in Israel constitute the space within which
housing, recognition, and planning policies have led to collective the nation-state asserts its presence, thereby “nationalizing” and
actions such as mass demonstrations and national strikes among “confiscating” what might have remained purely local and
this minority. communal. The institutional, legal, and ethno-political structure of
Various issues exist regarding the Arab Minority’s right to Israel and the hegemony of the national over the urban level have
inhabit. This paper lacks space to cover these issues, and therefore, resulted in the denial of both Jew and Arab urban inhabitants’ Right to
will discuss them in brief. One of the critical issues of the Arab the City. However, this paper reveals that Palestinian citizens of Israel
minority in Israel is the lack of state recognition of 36 Arab villages are denied the right to the city to a greater extent than their Jewish
in the Negev, in the south of Israel (Yiftachel, Goldhaber, & Nuriel, counterparts. This situation stems directly from the legal and ethno-
2009). The informal, semi-urban settlements and villages of the political structure of the state, which has established and still de-
indigenous Palestinian Bedouin in southern Israel, which are termines the distribution of power between the central government
formally unrecognized by the state, have become the setting of and cities and between ethnic groups, primarily Arabs and Jews.
harsh and hostile confrontation between the Israeli state and its The rights of urban Palestinians are restricted to specific scales
Palestinian citizens over the last six decades. These informal set- and fields. Urban Palestinian citizens of Israel are limited in their
tlements, which house approximately 70,000 people, lack basic capacity to produce their spaces consistent with their “hearts’
services and infrastructure, including running water, sewage sys- desire,” aspirations, and community visions. This limitation results
tems, electricity, and paved roads, as well as health, cultural and in poor spatial, environmental, physical, architectural, and cultural
educational services (Abu-Saad, 2012; Yiftachel, 2012; Israeli Prime functioning in urban life and the urban arena. Since 1948, Arabs in
Minister’s Office, 2013). The state considers these villages illegal Israel have striven to reconstruct and reproduce their own physical,
entities, and their inhabitants therefore face the constant threat of economic, and social urban spaces according to their own needs
the demolition of their homes and damage to their cultivated lands. and culture. However, they have been denied the right to produce
According to Human Rights Watch (2008: 3), “since the 1970s, Is- physical, cultural, social, and economic urban spaces according to
raeli authorities have demolished thousands of Bedouin homes in their “hearts’ desire,” needs, culture, and aspirations.
the unrecognized villages.” One of these villages, Al-Araqib, was The Palestinian minority is not a “silent” and obedient group
destroyed for approximately the 35th time in July 2010 (Adalah, that accepts the absence of the right to the city. This minority resists,
2011). In countering state policies directed toward these informal manipulates, and uses different maneuvering strategies to enhance
villages, the Palestinian Bedouin have struggled to gain recognition their right to their cities. The incomplete rights to participation, to
for their 46 villages and acquire land ownership of approximately appropriation, and to urban citizenship among the Palestinian
589,000 dunums (Israeli Prime Minister Office, 2013). Their minority have impaired the right to urban self-determination. To
continuous protests have resulted in the formal recognition of 13 of achieve this, the Palestinians have collectively resisted, achieving
their 46 villages. Moreover, on February 10, 2013, the Israeli gov- certain objectives in the urban arena. The struggle for the right to
ernment approved a plan to regulate the Bedouin settlements in urban self-determination has been a major theme of their political
the Naqab, which will relocate and displace some thousands of daily agenda. Issues such as land confiscation, housing, and plan-
residents to existing towns and will recognize other villages (Israeli ning policies have led to collective actions among this minority, as
Prime Minister Office, 2013). Interestingly, in many cases, this section indicated.
Y. Jabareen / Habitat International 41 (2014) 135e141 141

The absence of the Right to the City has the potential to intensify Isin, E. (2000). Introduction: democracy, citizenship and the city. In E. Isin (Ed.),
Democracy, citizenship and the global city (pp. 1e21). New York: Routledge.
conflicts between the inhabitants and the state. In our case, such
Jabareen, Y. (2006). Conceptualizing space of risk: the contribution of planning
conflicts exist between the Palestinian minority and Israel. Will a policies to conflicts in cities e lessons from Nazareth. Planning Theory and
progressive right to the city mitigate the conflict if the right to the Practice, 7(3), 305e323.
city is provided? Urban rights might ease the national political Jabareen, Y. (2009). Building conceptual framework: philosophy, definitions and
procedure. International Journal of Qualitative Methods, 8(4), 49e62.
conflict. The assessment of the right to the city amidst an ethnic Jabareen, Y. (2013). Planning the resilient city: concepts and strategies for coping
conflict appears to be a difficult mission. It is difficult to avoid the with climate change and environmental risk. Cities, 31, 220e229.
ethnic conflict and the relations between the majority and the Jiryis, S. (1979). The Arabs in Israel, 1973e79. Journal of Palestine Studies, 8(4), 31e56.
King, O. (2013a). The political representation of Israel’s Arab minority: The challenge of
minority even when the city is at stake. The hegemony of ethnic marginality and the dilemma of influence versus protest. The Inter-Disciplinary
conflict over the right to the city is apparent in our case, which does Net: A Global Network for Dynamic Research and Publishing. http://inter-
not provide a proper environment for adequate discussion. disciplinary.net/.
King, O. (2013b). The new Israeli cabinet: An overview of the 33rd Government of
This paper indicates that the rights to the cities given to Pales- Israel. Jerusalem: The Israeli Democracy Institute. http://en.idi.org.il.
tinians in Israel are deficient and incomplete. This problem is a Klodawsky, & Blomley. (2009). Introduction-rights, space, and homelessness. Urban
deep, structural political and ethnic one that could not be solved at Geography, 30(6), 573e576.
Kofman, E., & Lebas, E. (1996/1999). Introduction: lost in transportation-time, space
the city level. The right to the city has a political agenda that aims to and the city. In Henri Lefebvre (Ed.), Writings on cities (pp. 3e60). Cambridge,
enhance the political conditions of urban life and its inhabitants in MA: Blackwell.
the face of the economic processes and the hegemony of the central Kymlicka, W., & Norman, W. (1994). Return of the citizen: a survey of recent work
on citizenship theory. Ethics, 104, 352e389.
state. A crucial insight regarding the right to the city regards citye
Lefebvre, H. (1996). Writings on cities. Cambridge, MA: Blackwell.
state relationships, suggesting that the right to the city represents a Lefebvre, H. (2003). The urban revolution. Minneapolis: University of Minnesota
framework that aims to protect the city from state tyranny and Press.
technocrats and to provide adequate human shelter with a strong Marchal, H., & Stébé, J.-M. (2011). From cities to crumbling urbanism: beyond
centre-periphery dualism. In European sociological association 10th conference.
political status. http://www.sociologieurbaine.fr/?page_id¼283.
Marcuse, P. (2009a). Postscript: beyond the just city to the right to the city. In
P. Marcuse, J. Connolly, J. Novy, I. Olivo, C. Potter, & J. Steil (Eds.), Searching for
References the just city: Debate in urban theory and practice (pp. 240e254). NY:
Routledge.
Marcuse, P. (2009b). From justice planning to commons planning. In P. Marcuse,
Abu Lughod, J. (1971). The demographic transformation of Palestine. In I. Abu J. Connolly, J. Novy, I. Olivo, C. Potter, & J. Steil (Eds.), Searching for the just city:
Lughod (Ed.), The transformation of Palestine. Evanston, Ill: Northwestern Uni-
Debate in urban theory and practice (pp. 91e102). NY: Routledge.
versity Press. Marcuse, P. (2012). Whose right(s), to what city? In N. Brenner, P. Marcuse, &
Abu-Saad, I. (2006). Defining the “Other” as the enemy: the indiginous Palestinian
M. Mayer (Eds.), Cities for people, not for profit: Critical urban theory and the right
Bedouin in Israel. In Political violence and human security in the post-9.11 world, to the city (pp. 24e41) New York: Routledge.
JCAS symposium series 24 (pp. 115e134). The Japan Center for Area Studies Mitchell, D. (2003). The right to the city: Social justice and the fight for public space.
Osaka, Japan. New York: Guilford.
Adala. (November 2007). Adalah newsletter (Vol. 42). See www.adalah.org. Morris, B. (1987). The birth of the Palestinian refugee problem 1947e1949. Cambridge,
Adala. (2011). New discriminatory laws and bills in Israel. Online http://www.adalah.
MA: Cambridge University Press.
org/upfiles/2011/New_Discriminatory_Laws.pdf. Purcell, M. (2002). Excavating Lefebvre: the right to the city and its urban politics of
Alfasi, N., & Portugali, J. (2004). Planning just-in-time versus planning just-in-case.
the inhabitant. GeoJournal, 58, 99e108.
Cities, 21(1), 29e39. Purcell, M. (2003). Citizenship and the right to the global city: reimagining the
Al-Haj, M., & Ben-Eliezer, U. (Eds.). (2006). In the name of security: The sociology of capitalist world order. International Journal of Urban and Regional Research,
peace and war in Israel in changing time. Haifa University Press (in Hebrew).
27(3), 564e590.
Alterman, R. (2001). National-level planning in Israel: walking the tightrope be- Ram, U. (2013). Palestinians in Israel: The constitutional debates. In E. Peruzzotti, &
tween centralization and privatization. In R. Alterman (Ed.), National-level
M. Plot (Eds.), Critical theory and democracy: Civil society, dictatorship, and
planning in democratic countries: An international comparison of city and regional constitutionalism in Andrew Arato’s democracy theory (pp. 108e120). New York:
policy-making (pp. 257e288). Liverpool: Liverpool University Press. Routledge.
Amin, A., & Thrift, N. (2002). Cities: Reimagining the urban. Cambridge: Polity Press. Razin, E. (2000). The impact of local government organization on development and
Attoh, A. K. (2011). What kind of right is the right to the city? Progress in Human disparities: a comparative perspective. Environment and Planning C: Government
Geography, 35(5), 669e685.
and Policy, 18, 17e31.
Brenner, N., Marcuse, P., & Mayer, M. (Eds.). (2012). Cities for people, not for profit: Razin, E. (2004). Changing local government boundaries in Israel: The paradox of
Critical urban theory and the right to the city. New York: Routledge.
extreme centralism versus inability to reform. In J. Meligranaþ (Ed.), Redrawing
Deleuze, G., & Guattari, F. (1991). What is Phylosophy? New York: Columbia Uni- local government boundaries: An international study of politics, procedures, and
versity Press. decisions (pp. 154e171). Vancouver: UBC Press.
DePietro, D. (2013). Palestinian citizens of Israel represent a core issue of the Israeli-
Rouhana, N., & Ghanem, A. (1998). The crisis of minorities in ethnic states: the case
Palestinian conflict. http://mondoweiss.net/2013/02/palestinian-represent- of Palestinian citizens in Israel. International Journal of Middle East Studies, 30,
conflict.html.
321e346.
Dichter, S. (2005). Citizenship in great danger: a proposed discussion. Adalah’s Yiftachel, O. (2006). Ethnocracy: Land and identity politics in Israel/Palestine. Uni-
Newsletter, 15, 1. http://www.adalah.org/newsletter/eng/jul05/comi1.pdf. versity of Pennsylvania Press.
Elden, S. (2004). Understanding Henri Lefebvre: Theory and the possible. New York: Yiftachel, O. (2012). Critical theory and “gray space”: mobilization of the colonized.
Continuum. In N. Brenner, P. Marcuse, & M. Mayer (Eds.), Cities for people, not for profit:
Fainstein, S. (2009). Planning and the just city. In P. Marcuse, J. Connolly, J. Novy,
Critical urban theory and the right to the city (pp. 150e170). New York:
I. Olivo, C. Potter, & J. Steil (Eds.), Searching for the just city: Debate in urban Routledge.
theory and practice (pp. 19e39). NY: Routledge. Yiftachel, O., Goldhaber, R., & Nuriel, R. (2009). Urban justice and recognition:
Fenster, T. (2004). Belonging, memory and the politics of planning in Israel. Social & affirmation and hostility in Beer Sheva. In P. Marcuse, J. Connolly, J. Novy,
Cultural Geography, 5(3), 403e417. I. Olivo, C. Potter, & J. Steil (Eds.), Searching for the just city: Debate in urban
Forman, G., & Kedar, A. (2004). From Arab land to ‘Israel Lands’: the legal dispos-
theory and practice (pp. 120e143). NY: Routledge.
session of the Palestinians displaced by Israel in the wake of 1948. Environment Zoabi, K., & Savaya, R. (2012). Cultural intervention strategies employed by Arab
and Planning D: Society and Space, 22, 809e830.
social workers in Israel: identification and conceptualization. British Journal of
Harvey, D. (2003). The right to the city. International Journal of Urban and Regional Social Work, 42(2), 245e264. http://bjsw.oxfordjournals.org/content/42/2/245.
Research, 27(4), 939e941. short - corresp-1.
Harvey, D., & Potter, C. (2009). The right to the just city. In P. Marcuse, J. Connolly,
J. Novy, I. Olivo, C. Potter, & J. Steil (Eds.), Searching for the just city: Debate in
urban theory and practice (pp. 40e51). NY: Routledge.
Human Rights Watch. (2008). Off the map land and housing rights violations in Is- Yosef Jabareen, is an Assistant Professor at the Faculty of Architecture and Town
rael’s unrecognized Bedouin villages (Vol. 20)(5(E)). Planning at the Technion e the Israel Institute of Technology. A graduate of Harvard
Israeli Prime Minister’s Office. (2013). http://www.pmo.gov.il/MediaCenter/ University’s GSD and a former lecturer at the Department of Urban Studies and
SecretaryAnnouncements/Documents/bedu270113.pdf. Planning at MIT, Cambridge, USA.

You might also like