STUDY GUIDES:

Israeli Law

Israeli Military Orders

International Law

International Court of Justice Advisory Opinion on Wall

Background Principles	II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews within Israel, and oppression and exploitation of Palestinian Arabs living in the adjacent occupied Paletinian territories ... 1. Land Laws - Discrimination in Housing.
Point to be Examined	D. But discrimination has been changing and lessening in some areas of land management, but vigilance is still needed as it continues in other areas. For example, the Israel Lands Council seems to not practice discrimination in land leasing so much in urban areas, and in year 2000, the Supreme Court actually made such discrimination illegal. Thus for example you find compliance with non-discrimination in discount government leasing programs across rural Northern Israel, and in random examples of rural leasing for agricultural purposes to Arabs throughout the country (Kretzmer 1990). But many problems still exist. An important example is that supporters of Israel list rural land leasing for agricultural purposes to Bedouins in the Negev as an example of non-discrimination toward Arabs, but this is actually part of a much greater picture where the government is trying to force against their will Bedouins to leave their ancient ancestral villages and resettle in desert areas many of which are more inhospital to human life and less agriculturally productive. As part of this effort, the government has zoned out of existence more than 40 of these ancient Bedouin villages and thus have cut off basic services such as electricity and sewage maintenance while the residents still live in them. This has become so serious that the UN has had to intervene on the villagers behalf. And there are other examples:
Details Requested	1. One of the main scholars concerning discrimination against Arabs in Israel, Dr. David Kretzmer, says there are three main areas where the ILA has not been following a discriminatory policy in terms of land leasing to Arabs. These 3 areas are: (a) Urban areas; (b) Limited random exceptions of ILA leasing to Arabs in rural areas for agricultural purposes (c) Leasing to Bedouins in the Negev desert for agricultural purposes. But this point is very problematic - please see below point #3(d). 2. In addition, recent developments in the last few years have struck more significant blows against discrimination in the area of land management and development: (a) Year 2000 Supreme Court decision Qaadan v. ILA, Katzir and others (BGZ 6698/95) ruled that it was illegal for the Israel Land Administration (ILA) to discriminate against Arabs in the leasing of government-owned lands. (b) Year 2005 ILA cancelling of ILA Decision No. 897 (discriminatory criteria for applicants to qualify for discount in land leasing for northern Israel. (c) 1 August 2005 decision of the Israeli Attorney General Menachem Mazuz that discriminatory land leasing by the ILA is illegal, even if the land legally belongs to the JNF. This makes the corresponding sections of the JNF-ILA covenant illegal that require the ILA to follow JNF policy allowing leasing only to Jews of JNF owned lands. 3. Despite these advances, there are serious problems that still need to be addressed: (a) General vigilance is required to make sure the Supreme Court's year 2000 ruling and the Israeli AG 2005 decision concerning land leasing are put into practice. This is the same kind of vigilance that Americans find they still need even though equal rights legislation was passed in USA more than 40 years ago; (b) Discrimination in awarding of government programs to Palestinian communities (such as financial development programs, educational programs and security programs), thus maintaining Palestinian rural communities as the most impoverished in the nation; (c) Unfair representation in Government land agencies for Arab citizens and communities is still a problem (see some quotes below). Also this is a general problem throughout the government - see more info on this here; (d) Continued distribution of lands and property of Palestinians denied re-entry into Israel who left (for whatever reason) during the 1948 fighting (this violates international law - Geneva Convention IV, art. 46, 47, 49 - see below). There is also more info on this issue in this website; (e) Discriminatory leasing favoring military veterans and their families still persists. This is discriminatory because most Arabs are not allowed to serve in the military and no alternative civil service is available to Arabs. There is an entire section on this issue - press here; (f) The crisis of the Bedouin in the Negev still persists where the Israeli government, as per the Planning and Building Law (1965) has legally zoned out of existence over 40 ancient ancestral Bedouin villages, and are trying to force the Bedouins to move to 8 other areas, which are inferior in many ways (agriculturally and in general life-sustaining qualities). This is what is wrong with Kretzmer's point #1(c) described above in that it is not just that the Bedouins are being offered agricultural lands to lease (thus qualifying as an exception to discrimination in government leasing), it is that they are being forced to move to those areas against their will. For more info, please see the website of those villages - The Association of Forty. Also, please see the Adalah website for much legal information on the Bedouin struggle to keep their lands.
Quotes from Relevant Laws & Historic Documents	Here are two examples of government agencies involved in the management and development of land in Israel being guided by a Council on which Zionist organizations are given special positions of influence, which therefore leads to special privilege and benefits for Jewish communities and individuals. 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. NEGEV (AMENDMENT) LAW (1988) 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;" The Absentees' Property Law (1950) creates a government agency (Custodianship Council for Absentees' Property) and position (Custodian of Absentees' Property) whose sole mission is the management and re-distribution of the lands and properties of those Palestinian Arabs who left the area (for whatever reason) during the fighting of 1948, and were then not allowed back in by Israeli law. ABSENTEES' PROPERTY LAW (1950) Interpretation. 1. In this Law - (b) "absentee" means - (1) a person who, at any time during the period between the 16th Kislev, 5708 (29th November, 1947) and the day on which a declaration is published, under section 9(d) of the Law and Administration Ordinance, 5708-1948(1), that the state of emergency declared by the Provisional Council of State on the 10th Iyar, 5708 (19th May, 1948)(2) has ceased to exist, was a legal owner of any property situated in the area of Israel or enjoyed or held it, whether by himself or through another, and who, at any time during the said period - (i) was a national or citizen of the Lebanon, Egypt, Syria, SaudiArabia, Trans-Jordan, Iraq or the Yemen, or (ii) was in one of these countries or in any part of Palestine outside the area of Israel, or (iii) was a Palestinian citizen and left his ordinary place of residence in Palestine (a) for a place outside Palestine before the 27th Av, 5708 (1st September, 1948); or (b) for a place in Palestine held at the time by forces which sought to prevent the establishment of the State of Israel or which fought against it after its establishment; (2) a body of persons which, at any time during the period specified in paragraph (1), was a legal owner of any property situated in the area of Israel or enjoyed or held such property, whether by itself or through another, and all the members, partners, shareholders, directors or managers of which are absentees within the meaning of paragraph (1), or the management of the business of which is otherwise decisively controlled by such absentees, or all the capital of which is in the hands of such absentees; Vesting of absentees' property in Custodian. 4. (a) Subject to the provisions of this Law - (1) all absentees' property is hereby vested in the Custodian as from the day of publication of his appointment or the day on which it became absentees' property, whichever is the later date; (2), every right an absentee had in any property shall pass automatically to the Custodian at the time of the vesting of the property; and the status of the Custodian shall be the same as was that of the owner of the property. (b) The proceeds of vested property shall be dealt with like the vested property yielding the proceeds. Absentees' businesses. 8. (a) The Custodian may carry on the management of a business on behalf of an absentee, whether or not he indicates that the business is managed by the Custodian, but he shall always have the right to sell or lease the whole or a part of the business, and - (1) if it is the business of an individual - to liquidate it; (2) if it is the business of a partnership all the partners of which are shareholders of which are absentees, or of a cooperative society all the members of which are absentees - to wind up the partnership, company or cooperative society by order published in Reshumot. Validity of transactions. 17. Any transaction made in good faith between the Custodian and another person in respect of property which the Custodian considered at the time of the transaction to be vested property shall not be invalidated and shall remain in force even if it is proved that the property was not at the time vested property. Limitation of powers of Custodian. 19. (a) Where the vested property is of the category of immovable property, the Custodian shall not - (1) sell or otherwise transfer the right of ownership thereof; provided that if a Development Authority is established under a Law of the Knesset, it shall be lawful for the Custodian to sell the property to that Development Authority at a price not less than the official value of the property; Not allowing people to return to their homes, and confiscating their lands and properties and re-distributing them to one's own citizens is a violation of international law, as per the Geneva Conventions IV of 1949: GENEVA CONVENTIONS IV (1949) Article 45. Protected persons shall not be transferred to a Power which is not a party to the Convention. This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities. Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with. In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs. The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law. Article 46. In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities. Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities. Article 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.

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