Allocating Government Land to Cooperative Housing Associations

·        (Government lands .. public property .. not to be allocated to others arbitrarily) !

●       Episode No. ( 12 )

●       The number of Cooperative Housing Associations in the West Bank is 103 active and functioning cooperative associations, and the primary objective of establishing those associations is to provide suitable housing for their members, and to manage and maintain these homes, in a way that ensures their preservation!

●    The allocation process was stopped in 2022 by a government decision .. after decades during which the allocation of government lands in favor of Cooperative Housing Associations took place quietly, smoothly, and without noise, and away from the minimum standards of fairness and transparency!, according to reports of the State Audit and Administrative Control Bureau (SAACB), which conducted an audit of the allocations made on state lands in favor of Cooperative Housing Associations, in terms of the legislative and regulatory environment of the allocation process, up to the end of 2023!

●       The above-mentioned reports of the Bureau lifted the veil on the existence of violations and material observations, noting a fundamental deficiency in the mechanisms for allocating government lands to Cooperative Housing Associations during past decades, where legislation and clear procedures to ensure fair allocation were absent, and beneficiaries were recorded who do not meet the legal conditions or who already own land, in addition to most allocations being limited to public sector employees. A weakness was also recorded in institutional follow-up, and the failure of some associations to commence construction, with the Land Authority relying on old and inaccurate valuations to assess land value!, in addition to many violations, which will be clarified below later!

●       Any decision or government law regarding the allocation of government land plots for construction to categories that the law considers targeted in the sustainable development process must certainly take into account that no one has the right to register their name for allocation to obtain a plot of land .. in the dead of night .. while in fact the conditions for allocation do not apply to them.. and therefore there are responsibilities on the members of management committees in the associations in this regard, as they must be held accountable now... and the principle of accounting and accountability must be activated retroactively.. as no one should escape for their deed; whoever obtained in the past a plot of land as an individual, or lands as associations, while in reality they are not qualified and are not among the targeted categories, according to the decisions and laws regulating this matter.!

●       In contrast, the issuance in 2022 of a decision to stop all allocation operations in favor of Cooperative Housing Associations until a special regulation is issued to organize and regulate the allocation of government lands... came to correct the course of these allocations, organize them and institutionalize them!

●       Results, observations and material violations according to the Bureau's report:  

1-     Deficiencies in legislation and regulations: The legislation is not clear in defining the objectives of allocation and the targeted categories, and is not linked to sustainable development goals, such as providing housing for those who do not own land for construction.

2-     Absence of sufficient procedures and criteria: There are no approved procedures to ensure that allocations comply with specified conditions in addition to the lack of studied criteria to determine the area and location of lands, which may lead to the loss of lands that were allocated for future strategic projects.

3-     Concentration of allocations on a specific category: The majority of allocations were in favor of housing associations affiliated with government employees, away from diversifying the beneficiary categories.

4-     Failure to verify prior ownership: The competent authorities did not take measures to verify that beneficiaries did not own registered properties, in violation of Article 4 of Presidential Decree No. 45 of 1997.

5-     Violation of beneficiary number standards: Some associations received allocations for fewer than 16 or more than 40 members, contrary to the provisions of Presidential Decree No. 45 of 1997 and Cooperative Associations Law No. 20 of 2017.

6-     Delay in commencing construction: Some associations did not begin construction on the lands allocated to them despite the passage of years, without mandatory mechanisms from the Land Authority or the Ministry of Housing to achieve the purpose of the allocation.

7-     Weak follow-up by competent authorities: The responsible entities did not follow up allocation files adequately, and did not ensure the execution of the legal competencies stipulated.

8-     Beneficiaries outside the targeted categories: The presence of beneficiaries outside the targeted categories, such as employees in the Ministry of Finance and citizens who are not employees, within projects allocated for employees of specific entities.

9-     Deficiencies in estimating land value: The Land Authority's reliance on old valuations to estimate land value affected the accuracy of transactions, with cases recorded where valuation data were not documented in the files of some associations!

●       Bureau's recommendations: It recommended the need to diversify the entities benefiting from land allocations, in accordance with the national development plan, and to amend Presidential Decree No. 45 of 1997, to ensure beneficiaries' compliance with specified conditions, and to verify that they do not own properties before allocation, and to refuse to register associations whose number of members is less than 16 or more than 40, with procedures to ensure the immediate commencement of construction, and the use of lands in accordance with allocation objectives, and to enhance transparency and accountability in estimating land value, and to provide clear information to the concerned parties.