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- 1) The main examples of the discriminatory policy in leasing of Israel Lands to Jews only of the Jewish National Fund (JNF) are found in the JNF Memorandum of Association (quote given below), the JNF leases (examples quoted below), and various reports of the JNF to its parent organization, the World Zionist
Organization (such as the report to the 16th Congress (1929) wherein
it clearly enunciates its policy to forbid land sales or leasing to
non-Jews).
- 2) Discriminatory policy for the Israel Lands
Administration are set by the Israel Lands Council
(as per the Israel
Lands Administration Law (1960)), which has established special
committees to oversee lease agreements. These government committees
contain representatives from the JNF,
the Jewish Agency, and the Settlement Councils. All these groups have clear policies to only lease to Jews, or that
their mission is to develop Jewish communities only. These special
committees are not actually listed in this law, but established by
the additional regulations developed by the Council and Israel Lands
Administration. These groups have no representatives from the Arab communities to help balance out the Zionist influence. 2 examples are quoted below for the special development councils set up to develop the Galilee in the north and the Negev in the south.
- 3) 19% of rural "Israel Lands" is owned by the JNF, but the ILA has taken over management of them. In the process of doing this, the ILA signed a covenant with the JNF to manage the land according to JNF policies, which included discriminatory leasing. Thus, between lands owned by the JNF and lands owned by the ILA - more than 95% of the lands of Israel are subjected to discriminatory policies in leasing to Arabs, and participation in financial development, educational development and security.
- 4) But while the above things are changing slowly, vigilance is still needed - see the next section.
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| Quotes from Relevant Laws & Historic Documents |
When the Jewish National Fund (which was originally incorporated in England) was re-constituted as an Israeli Corporation by the Keren Kayamet Le-Israel Law (1953), most of the old by-laws and rules of association and rights and powers were transferred to the new Israeli corporation, including the policy that JNF lands could only be leased to Jews.
JNF MEMORANDUM OF ASSOCIATION (1925)
(original JNF incorporated in England) |
| Art. 3.3.
to let any land
to any Jew or to any unincorporated body of Jews or to any company as to which
the Board of Directors
is of the opinion that
(1) the company is a company under Jewish control, and (2) the company
is engaged or intends to engage in the settlement of Jews in the prescribed region. |
(Lehn & Davis (1988), p.123-7.)
Below are examples from the JNF Memorandum of Association and the different leases used over the years by the JNF. All show how the discriminatory policy of th JNF was implemented.
JNF MEMORANDUM OF ASSOCIATION (1954)
(new JNF incorporated in Israel following founding of the State of Israel) |
| Art. 3.e.
to let
on such terms and in such manner as it may deem fit. |
(Lehn & Davis (1988), p.123-7.)
JNF CONTRACT OF LEASE |
BETWEEN the Jewish National Fund, Ltd., Jerusalem (registered in England), as registered by the Registrar of Companies
and Partnerships of the Government of the Land of Israel, Jerusalem, on the 21 November, 1920, Registration no.
L/109/Co, hereinafter called The Fund, on the first part, through its attorneys ________________
- Art. 17. The Fund will not give its endorsement to the transfer of the lease in the following cases:
- (a) if the transfer is to be effected to a person or a company to whom the Fund according to its Memorandum
of Association is prohibited from leasing its land;
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(Lehn & Davis (1988), p.194.)
JNF CONTRACT OF SUB-LEASE |
| BETWEEN ________________________, registered with the Registrar Co-operative Associations
in Jerusalem on ________________________, hereinafter called The Association, on the first part;
AND BETWEEN ________________________, by mutual guarantee, hereinafter called The Lessee, on the second part;
AND BETWEEN The Jewish National Fund, Jerusalem, hereinafter called The Fund, on the third part;
AND BETWEEN The Nir Co-operative Company for the Settlement of Hebrew Workers Ltd.,
Clause XI. Transfer of Rights
- 1.
- (a) The lessee has the right to transfer his rights under the present contract to another lessee (hereinafter
called The Candidate)
- (b) The lessee will have to obtain the prior agreement of the Association in writing endorsing the candidate.
- (c) The candidate will have to be a member in the Association and the Workers Company at the time of the
transfer of these said rights.
(Note: only Jews could be members of the Association and the Workers Company)
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(Lehn & Davis (1988), p.207.)
ILA CONTRACT OF LEASE (Individual Leasehold) |
Drawn up and signed in __________________
On the _________ day of the _________ month of the year _________
On the _________ day of the _________ month of the year _________
BETWEEN The Israel Lands Administration under its authority to administer Israel-lands (hereinafter The Administration), on the first part;
AND BETWEEN
________________________ Identity No. _____________
________________________ Identity No. _____________
(hereinafter The Lessee), on the second part.
Definitions
- 1. In this contract:
- (f) Qualified Lessee: A person who may, according to the decision of the Israel-Lands Council, be a lessee of
a leasehold of Israel-Lands
Transfer of the Lease and Sub-lease
- 8.
- (d) The Administration will not give its consent to the transfer of the lease to a person who is not a
qualified lessee.
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(Lehn & Davis (1988), p.220)
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| Israel Lands Council |
3. The Government shall appoint an "Israel Lands Council" which shall lay down the land policy in accordance with which the Administration shall act, shall supervise the activities of the Administration and shall approve the draft of its budget, which shall be fixed by Law. |
Below are quotes from the Israeli laws defining the development councils managing major areas of the State of Israel. Please notice how the laws list Zionist representation on the council but no Arab representation:
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| 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;
- five representatives of the public.
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| Amendment of section 4. |
- 4. In section 4(a) of the principle 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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