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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles

DETAILS AND QUOTES ILLUSTRATING HOW ISRAELI LAWS LEGALIZE DISCRIMINATION, OPPRESSION AND EXPLOITATION:

  • I. LAWS COMPROMISING DEMOCRACY - Israel compromises the democratic nature of its government ...
Point to be
Examined
    • 2. Giving Jewish organizations and events special influence and funding by giving them special representation in government agencies where decisions are made:
Details
Requested
      • A. Examples in land management and development of giving Jewish non-government organizations special representation in government land management agencies -
        • 1) "Keren Kayamet Le-Israel Law" (1953) (this is the Hebrew name of the Jewish National Fund, a division of the World Zionist Organization, a non-profit non-government organization. The special government relationship and privileges of the JNF are outlined in a special covenant negotiated with the Israeli government, published in Yalkut Ha-Pirsumim (1954)). This particular law recreates the Jewish National Fund into a Jewish coporation (originally it was a British corporation). In the law, it codifies in section 6 how the new JNF has the same legal status as the old one, and in section 10 how the JNF is not taxed --
           
          KEREN KAYAMET LE-ISRAEL LAW
          (passed by the Knesset on the 16th Kislev, 5714 (23rd November, 1953))
          Power under
          Land (Acqui-
          sition for
          Public
          Purposes)
          Ordinance,
          1943.
          6. For the purposes of section 22 of the Land (Acquisition for Public Purposes) Ordinance, 1943(2), the new company shall have the same status as a local authority.
          Exemption
          from
          transfer
          dues.
          10. Any transfer of assets or liabilities, any amendment of a registration and any other act done in consequence of a transfer as referred to in section 8 or in carrying out an agreement as referred to in section 9 are exempt from any tax, fee or other charge payable to the State or a local authority.

        • 2) "Planning and Building Law" (1965). Some local committees set up by this law had representation on them also from the various the Jewish Agency, the Jewish National Fund, and even representatives of the radical settlers movement. This gives unfair advantage to Israelis, and leads to discrimination against Palestinians. For example, it was under this law that over 40 Palestinian villages were zoned out of existence even though they had been there for hundreds of years. They were then denied basic civil services (electricity, sewage maintenance, etc.). This was protested to the Israeli Supreme Court and then to the United Nations, who were able to win for the villagers some consessions, but the fight continues. In the full law, you can read the sweeping powers over private property that this government board is awarded.
           
          PLANNING AND BUILDING LAW
          (passed by the Knesset 14 July, 1965)
          National Board. 2.
          • (a) There shall be established a National Board for Planning and Building (hereinafter referred to as "the National Board") to advise the Government as to everything relating to general policy in the implementation of this Law, including matters of legislation, and to carry out the other functions assigned to it by this Law and by any other law.
          • (b) The National Board shall consist of -
            • (11) a representative of the settlement institutions, appointed by the Minister of the Interior upon the recommendation of the Jewish Agency;

        • 3) "Galilea Law" (1988) --
           
          GALILEA LAW (1988)
          The Council and its Members. 3.
          • (a) There is hereby established the Galilee Council (hereinafter referred to as "the Council").
          • (b) The Council shall consist of twenty-six members, viz.-
            • fourteen representatives of the government;
            • one representative of the Nature Reserves Authority;
            • two representatives of the World Zionist Organization;
            • a representative of the General Federation of Labor in Eretz Yisrael;
            • a representative of the Manufacturers' Association;
            • a representative of the Manufacturers' Association;
            • five representatives of the public.
          Appointment of members of Council. 4.
          • (a) The representatives of the government shall be appointed respectively by the Industry and Commerce Minister, the Education and Culture Minister, the Agriculture Minister, the Finance Minister, the Interior Minister, the Immigrant Absorption Minister, the Construction and Housing Minister, Labour and Welfare Minister, the Health Minister, the Defence Minister, the Transport Minister, the Communications Minister, the Economics and Planning Minister and the Minister of Tourism.
          • (b) The Executive of the World Zionist Organization shall appoint its representatives.
          • (c) The Secretary-General of the General Federation of Labor in Eretz Yisrael shall appoint its representative.
          • (d) The President of the Manufacturers Association shall appoint the Association's representative.
          • (e) The Government shall appoint the public representatives.
          • (f) The period of tenure of the Council is four years, after which a new Council shall be appointed.

        • 4) "Negev (Amendment) Law" (1988) --
           
          NEGEV (AMENDMENT) LAW (1988)
          Amendment of section 2. 2. The provisions of section 2 of the principal Law shall be indicated (a) and shall be followed by:
          "(b) Priority shall be given to the development of the Negev in the activities of the Government Offices, including in the areas of settling, education, culture, industry and trade, tourism, transport, energy, infrastructure and absorption of Aliyah."
          Amendment of section 4 4. In section 4(a) of the principal Law -
          • (3) Paragraph (6) shall be remarked (13) and shall be preceded by:
            • "(6) a representative of the Jewish Agency for the Land of Israel and the International Zionist Federation;
            • (7) a representative of the Jewish National Fund;
            • (8) a representative of the Protected Nature Reserves Authority;
            • (9) a representative of the worker's organization representing the largest number of workers in Israel;
            • (10) a representative of the Israeli Industrialists Association;
            • (11) a representative of the Negev Trade Bureau;
            • (12) a representative of the Negev Committee founded by the Negev Kibbutzim and Moshavim;"


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(C) Israel Law Resource Center, February, 2007.

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