In a session to discuss more effective accountability and governance of waqf property management,
Ramallah – The Coalition for Accountability and Integrity (AMAN) held a session to discuss a draft report on The Policy for Waqf Property Management and Governance. The event brought together representatives of the Ministry of Waqf and Religious Affairs (MoWA), government bodies, line ministries, municipalities, relevant agencies, and oversight institutions. A number of interested members of the legal and media communities also took part in the session.
In his opening remarks, Mr. Jihad Harb, Senior Researcher at AMAN, explained that the report mainly aimed to provide practical recommendations to decision makers with a view to ensuring more effective accountability and governance of, and preventing corruption in, the management of waqf [inalienable charitable endowment under Islamic law] property and respective investments. Given its importance for Palestinian perseverance, the report examines the legislative and institutional frameworks for waqf property management and investment.
Inadequate definition of Waqf properties
Providing a review of the report, Dr. Abdul Rahman Rihan started with defining waqf property as “withholding the waqf property from being invested with the ownership of any person and giving the benefit as charity to the poor either as a whole or in any aspect of benevolence.” Rihan stressed that this definition was short of keeping abreast with current developments. That fact that it stipulates that waqf be immovable property requires the definition be reconsidered and brought more in line with the intentions of waqf. If approached properly in legislative and administrative terms, waqf is dealt with as a perpetual economic and social institution, which generates a financial benefit and creates a positive social impact.
Waqf land have not been spared from Israeli piracy
In Palestine, waqf property has been through exceptional circumstances due to an unstable political situation. Waqf legislation and institutions have experienced vicissitudes, starting with the Ottoman State, British Mandate, Jordanian rule over the West Bank, and ending with the Palestinian Authority (PA). Of note, the Israeli occupying authorities have repeatedly expropriated waqf land by enacting unjust laws to legitimise encroachments on this land. Along this vein, the Israeli Absentees’ Property Law provides for creating an inventory of, and confiscating, waqf property. The law has played a critical role in transferring Islamic waqf land and property to Jewish ownership.
An accurate and comprehensive database of waqf property is not available
According to the AMAN report, in spite of attempts to document land, the land settlement process has not been finalised across the West Bank. An accurate and comprehensive database of waqf property is not in place. Notably, in addition to land, waqf property includes buildings and commercial premises, many of which have not been registered by official government bodies, including the Land Registration Department (Tabo) and Financial Department. In 2013, a committee was established for this purpose, but has not so far completed its work for several reasons. In addition to limited capacities available to this committee, part of the waqf land and property are located in Area C. Some local government units (LGUs) are reluctant to pay financial fees and arrears to help finalise the systematic inventory and registration of these properties.
MoWA: Land settlement is a national project and the MoWA has provided all data needed for land inventory and registration
In this context, Engineer Mahmoud Hamad, Director General of the MoWA Waqf Property Department, highlighted the recommendation contained in the AMAN report, namely, to make an inventory of waqf property. The MoWA will document and register all title deeds of waqf properties in Palestine as well as those registered and documented abroad. The Ministry will work towards creating an inventory of waqf property, which has been lost since the Israeli occupation of Palestine 1948. Hamad stressed the need to document waqf land because, according a set of statistical studies, an inventory of this land is not available. Hamad also emphasised the need to attach great importance to settling waqf land. This a national strategic project that delineates waqf land boundaries. Hamad explained that the MoWA has collected all relevant data from the Ministry’s directorate offices across governorates in preparation for the settlement project implementation. According to Hamad, it is difficult to make an inventory of all waqf land as a large area of this land is held in common property or located in Area C. Other plots of waqf land are trespassed, considered as archaeological infrastructure, or located in rough, inaccessible mountainous regions.
Waqf revenues are not allocated to support the public treasury
The AMAN report highlights the special status of the MoWA. Revenues realised from waqf property are not channelled to the public treasury. This account is not under control of the Ministry of Finance.
Akram Atawneh, Director General of the MoWA Legal Affairs Department, explained that waqf property revenues were not transferred to the public treasury due to the financial and administrative independence of the Ministry. This way, revenues are easily and directly distributed to poor households and needy persons.
State Audit and Administrative Control Bureau: Encroachments on Waqf properties are not listed
According to the 2019 Annual Report of the State Audit and Administrative Control Bureau (SAACB), encroachments on waqf properties are as varied as trespasses by individual citizens, LGUs and, more frequently, Israeli occupying authorities. However, these abuses are neither listed nor documented.
MoWA: JD 5-6 million outstanding rent is owed by government bodies
Hamad commented that the MoWA was in the process of regulating the relationship with the lessees of waqf property, including LGUs, clubs, institutions, and schools. To this avail, binding contracts are being concluded between these parties and the Ministry. Under a contract between the MoWA and Ministry of Education, more than 120 school buildings are constructed on waqf land in consideration of a nominal rent. This is in tandem with the MoWA’s vision of placing waqf properties at the service of local communities. At the same time, Hamad asserted that JD 5-6 million outstanding rent is owed by government bodies.
Hamad indicated that, under controlled tenders, the MoWA has allowed room for the private sector to initiate investment projects within city structural plans in accordance with the Regulation on Public Procurement with the Private Sector. This is tailored to generate annual income to the benefit of the MoWA. These initiatives include, for example, a solar energy project with the Palestine Investment Fund and Palestine Telecommunications Company (Jawwal) in Tulkarem as well as others in Birzeit and Hebron.
A national policy for Waqf property management and a consolidated law for West Bank and Gaza need to be developed
The report recommends that the Waqf sector, particularly waqf property management, need to be improved. To this avail, a written and publicly announced national policy should be compiled with the participation, and under the supervision, of all respective stakeholders. The policy will map the working relationship between the waqf establishment and state institutions, determine mechanisms for managing waqf property, and set the legal framework for operations. To be applicable to all Palestinian land in the West Bank and Gaza Strip, a consolidated law will be enacted together with needed bylaws, regulations, and instructions. To meet Palestinian needs and specific context, this body of legislation will keep abreast of modern developments and recent jurisprudence, with a particular focus on the types of investment and property that can be established as waqf trusts. The Law on Landlords and Tenants will be developed or replaced. Other Palestinian laws and regulations need to be passed in order to govern the working relationship between Sharia courts, Chief Justice Office, and MoWA Waqf Property Department.
MoWA: We are waiting for the President’s approval of the Amended Waqf Law based on the amendments made by the committee established to examine the law
In his comments, Atawneh stated that a committee has been recently established to reconsider the 1966 Law on Waqf and Religious Affairs. Comprising staff members of the MoWA, Legal Counsel and Legislation Department, and Council of Ministers, the committee introduced 12 necessary amendments to the law. The draft amended law was referred to the President for approval. Atawneh emphasised the importance of enacting many subsequent regulations.
Shuaibi: Palestinising laws is a necessity associated with an elected PLC that deliberates and controls them
Dr. Azmi Shuaibi, Advisor to AMAN’s Board of Directors for Anti-Corruption Affairs, stressed the need for a Palestinian waqf law, enabling the institutional structure of the MoWA to be consistent. However, the Palestinian legislature’s will is obstructed by inaction of the Palestinian Legislative Council (PLC), whose members should be elected by the people. Shuaibi highlighted the importance of creating a political will and reflecting successful experiences of Arab states in waqf management in the Palestinian context. For instance, Jordan, Sudan, and Kuwait have all actively engaged civil society in the management of waqf property.
A set of recommendations to govern Waqf property management
In addition to a national policy for waqf property management, the AMAN report provides a set of recommendations. Most notably, the Minister of Waqf and Religious Affairs will issue clearly defined and publicly announced instructions to prevent conflicts of interest within the committee on equivalent rent, oversight committee on the lease and investment of waqf property, and all concerned bodies, while at the same time ensuring compliance with the relevant Council of Ministers’ decision. The MoWA will provide training and awareness raising to staff members of the Waqf Property Management Department in relation to the Code of Conduct for Civil Service as well as legal provisions on the misuse of public office under the Civil Service Law, Penal Law, and Anti-Corruption Law. While adhering to respective decisions of the Council of Ministers, the MoWA will put in place a regulation or practical procedures that regulate the receipt of gifts at the Waqf Property Management Department. The Ministry will also develop instructions and mechanisms to encourage whistleblowing and reporting cases of corruption in the process of leasing or investing waqf property.
The report emphasised the importance of engaging the SAACB as an observer member. This is crucial in committees of the MoWA Waqf Property Department. In this regard, Mr. Ammar Ghazal, SAACB representative, indicated that work was underway to ensure that waqf property management would be subject to more performance-, than compliance-control. Ghazal explained how important the plan for investment in land protection was.
Finally, the AMAN report further stressed the importance of applying the principle of transparency. The MoWA must comply with publishing periodic financial and administrative reports, including credible information on waqf property. The Ministry will also furnish an opportunity for the public to access to data on waqf properties, investments, and budgets. This informed will be posted on the Ministry’s website.
