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TERMS OF REFERENCE TITLE: Legal Memo on International Humanitarian Law and Indigenous Rights for Bedouin in the West Bank A priority area of focus for NRC is to prevent the forcible displacement of the Bedouin from the West Bank. To this end NRC has developed a legal strategy which explores various legal and advocacy interventions in order to challenge Israeli policies and practices causing the displacement of the Bedouin. As part of this strategy NRC requires an expert opinion on the existence of any indigenous or minority rights that can be invoked for the Bedouin in the West Bank as well as the interrelationship between any such indigenous rights and principles and protections afforded to the Bedouin pursuant to principles of international humanitarian law. BACKGROUND Approximately 27,000 Bedouin reside in Area C of the West Bank, predominantly in the Jordan Valley, Jerusalem Periphery and South Hebron Hills.1 Most of the Bedouin are members of five major tribes—the Arab al-Jahalin, al-Ka‘abneh, al-‘Azazmeh, al-Rashaydeh, and al-Ramadin - and were displaced to the West Bank from their traditional lands in the Negev in Israel following the 1948 war. As the Bedouin are indigenous to the Negev, there remains a question as to whether they can also be considered indigenous to the areas to which they have been displaced to, namely the West Bank. However the Special Rapporteur for the Rights of Indigenous People has noted: …the longstanding presence of Bedouin people throughout a geographic region that includes Israel, and observe[d] that in many respects, the Bedouin people share in the characteristics of indigenous peoples worldwide, including a connection to lands and the maintenance of cultural traditions that are distinct from those of majority populations.2 The NRC programme provides legal assistance to many thousands of Bedouin throughout the West Bank, notably in the Jordan Valley, Jerusalem Periphery and South Hebron Hills, and is actively involved in legal actions aimed at preventing the forcible transfer of the Bedouin. Over 70% of Bedouin communities have received demolition orders from the Israeli Civil Administration over the last 12 years and are at high risk of displacement. Israeli authorities have plans to relocate the Bedouin in the Jerusalem Periphery to other sites near Abu Dis and Jericho which would not only constitute a breach of the Geneva Convention prohibition against forcible transfer, but would severely impact on the ability to the Bedouin to maintain their traditional lifestyle and culture. LEGAL RESEARCH The research consultancy is aimed at identifying and clarifying the content of any indigenous or minority rights the Bedouin of the West Bank may have under international human rights law, consistently with principles of international humanitarian law. The research will be used by the NRC in advocating for the rights of the Bedouin and to inform legal strategies to prevent the forcible displacement of the Bedouin. The research will also set out the obligations of the duty bearers (Israeli authorities as the Occupying Power as well as the Palestinian Authority) to protect and promote the rights of the Bedouin. The research should cover the following areas: • Literature review of any relevant material on the culture of the Bedouin in the West Bank • Review of any information or statements issued by the Palestinian Authority and Israeli authorities in relation to the status and rights of the Bedouin in the West Bank. • Analysis of whether the Bedouin can be considered indigenous to the West Bank, with reference to the position of the Special Rapporteur on the Rights of Indigenous People and any other available information. • Review of the rights of indigenous and minority groups under international human rights law with particular reference to the Bedouin. The review should consider inter alia, the right to the maintenance of culture and tradition, rights to livelihood, the right to usage and tenure over land, women’s rights and any other relevant rights that duty bearers are required to protect, respect and fulfil for indigenous groups. • Analysis of the content of any rights the Bedouin in the West Bank may have as indigenous or minority people, with reference to how such rights may be invoked in legal proceedings to protect the Bedouin. • Analysis of any particular rights to land usage or tenure, including any customary or acquired rights, the Bedouin may have, considering that the land the Bedouin use is either Palestinian private land or State land occupied by Israel and used for various purposes including military usage and settlements. • Commentary on the interrelationship between any Bedouin indigenous rights applicable under principles of international human rights law and the status of the Bedouin as protected persons under international humanitarian law, noting any areas of difficulty or conflict. • Recommendations for the development of a strategy to protect Bedouin indigenous rights in the West Bank with reference to relevant principles of international law. OUTPUTS The outputs of the legal research consultancy will be as follows: ➢ A detailed legal memo covering the issues identified above with reference to relevant international standards and practices. The memo should contain references to useful primary and secondary materials. REPORTING A report shall be submitted to the NRC by 27 January 2014 setting out the significant findings and conclusions resulting from the research consultancy. Please note that the scope of the work and an extension of the time period in which to complete the research may be negotiated by mutual agreement, provided that a substantial part of the research is completed by the 27 January 2014. Interested applicants should submit a covering letter setting out their expertise to conduct the research together with a CV in English to [log in to unmask] Please use the text ‘Bedouin Indigenous Rights’ in the email subject line and include the following information: dates of availability; number of estimated days of full-time work required; and requested daily consultancy rate in the covering letter. Commencement: As soon as possible. Closing date: 6 December 2013 ++++++++++++++++++++++++++++++++++++++++++++++++++++ Note: The material contained in this communication comes to you from the Forced Migration Discussion List which is moderated by Forced Migration Online, Refugee Studies Centre (RSC), Oxford Department of International Development, University of Oxford. It does not necessarily reflect the views of the RSC or the University. If you re-print, copy, archive or re-post this message please retain this disclaimer. 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