| This study frames the Bedouin land issue through the indigenous peoples' perspective in order to discover a new approach to recognizing Bedouin land rights in Israel. The conflict between the State of Israel and the Negev Bedouin over land is a major conflict within the State. The State continues to deny the Bedouin of traditional land rights. In 2004, the State began to bring Bedouin land claims before courts for final adjudication. Resolution of Bedouin land claims in this manner effectively strips the Bedouin of any interest in their traditional land and designates the land as state land. Every --national and international--attempt by the Bedouin to assert their land rights has failed. Nationally, Israeli courts continue to follow Alhawashelah precedent where the Supreme Court decided that Bedouin land is Mawat land, and therefore the Bedouin have no rights over their traditional land. Internationally, despite several instruments protecting indigenous peoples' rights, Bedouin receive no meaningful protection for their traditional land rights, due to limitations the State places on the application of international law in Israel.;The Bedouin experience is common among many indigenous peoples around the world. Often national law denies indigenous rights and their claims for traditional land, and courts enforce this denial. At the same time, international law fails to provide meaningful assistance. Relying mainly on relentless perseverance, several indigenous groups have ultimately achieved recognition of their rights utilizing both national and international elements of law. In several occurrences, such as the Aborigines of Australia, indigenous peoples succeeded in establishing a connection between their customary law and state law which enabled courts to recognize their traditional land rights.;This study traces the experience of Aborigines in Australia and discovers the elements that led to the recognition of their land rights. In particular, the legal theory under which the Australian Supreme Court recognized their traditional land rights; specifically, the holding in Mabo where the Court found that the common law recognizes indigenous peoples customary land rights establishing the basis for the recognition of customary land rights and the recognition of native title doctrine in Australia. The study then evaluates the Israeli legal system through the lens of the Aboriginal example. It concludes that the Israeli system includes at least one law and legal principle that recognizes Bedouin customary law and traditional rights that could establish a basis for the recognition of traditional land rights. Thus, this finding could provide the "missing link" between Bedouin customary law and Israeli law that leads to the recognition of Bedouin traditional land rights. |
