Court okays Citizenship Law, legalizing discrimination of Arabs

Posted: January 12th, 2012 | Author: | Filed under: In the News, racism, The Right | Tags: , , , , , , , , | Comments Off

According to the 2003 law, Arab citizens of Israel who marry Palestinians will have to emigrate in order to live with their spouses.

Israeli Arab MK Ahmed Tibi famously said that “Israel is indeed a Jewish-democratic state: it is democratic for Jews and Jewish for all the rest.”

This rings truer than ever after Israel’s High Court of Justice rejected yesterday (again) the petitions against the Citizenship Law, one of the first measures to make racial discrimination against the Arab minority not just common practice, but part of Israel’s legal codex.

The High Court rejected the petitions against the Citizenship Law in a split, 6-5 decision. The incoming head of the High Court, Justice Asher Grunis, wrote in the decision that “human rights shouldn’t be a recipe for national suicide.” You can read the full verdict here [Hebrew, PDF]. Justice Edmond Levy, a religious and somewhat conservative judge, harshly criticized Grunis for his language, claiming he misled the public as to the nature of the citizenship law.

The Citizenship Law, which technically is a temporary order, came into effect in 2003. It determines that Palestinian non-citizens who marry Israeli citizens will not be eligible for Israeli residency or citizenship. The couple will only be able to unite outside the borders of Israel.

The practical meaning of the law is that Arab citizens of Israel who marry Palestinian non-citizens – something that happens quite often, since these are members of the same nation, and sometimes of the same communities – won’t be able to live with their wives or husbands. If they want to unite, they will have to leave the country. By doing so, the law achieves two (racist) objectives against members of the Arab minority: (a) it prevents non-Jews from entering the country and applying for permanent residency or citizenship and (b) it makes it harder for Israeli Arab citizens to build families in their own community or in their own country, thus encouraging them to leave Israel. Arab Palestinians comprise roughly 20 percent of Israel’s population.

It is important to note that it is not the right of the non-citizen wife or husband that is being violated (since the state has no legal obligation towards them), but that of the citizen, who should enjoy the possibility to form a family and live with his loved one in his own community.

When the citizenship law came into effect, during the second Intifada, a security pretext was used to justify it, claiming that Palestinian terrorists could use marriage to become Israeli citizens. Yet this argument doesn’t hold: even without the law, the security establishment can veto any demand for citizenship or residency. It’s clear – and the public debate around the law doesn’t even try to conceal this fact – that “demographic” issues were the real motive for the legislation, and more specifically, the desire to limit, and ultimately even reduce, the number of non-Jewish citizens in the state.

Until the citizenship order, the only major piece of Israeli legislation that made a clear distinction between Arabs and Jews was the Law of Return, which makes it possible for Jews to immigrate to Israel and become citizens instantly, while non-Jews aren’t allowed to do so, even if their families originally hailed from this land. The 2003 law marks perhaps a new era, in which discrimination against the Arab minority is not only a common practice – for example, in the prevention of Palestinians from buying or building on state land, through the use of state agencies such as the JNF – but an explicit part of the body of laws that apply to the citizens of the state.

The new Nakba Law, which allows the state to penalize institutions that commemorate the Palestinian national disaster of 1948, is further evidence of this fact. The High Court also rejected petitions against the Nakab bill, just last week.

Read also:
High Court ruling on ‘Nakba Law’ reveals its waning power
2012: The year democracy ends

 


Twitter reveals JNF’s approach toward Palestinian Bedouin

Posted: January 8th, 2012 | Author: | Filed under: In the News, racism, the US and us | Tags: , , , , , | Comments Off

In a tweet that was later deleted, the Jewish National Fund says Bedouins in unrecognized villages are “living on someone’s land illegally.” The JNF has been taking part in evacuations of Palestinians in East Jerusalem and in foresting actions aimed at preventing the Bedouin from accessing their lands; last month, a JNF board member resigned, citing “violation of human rights” by the organization

In recent months, we have reported here on the Jewish National Fund’s role in attempts to take over Palestinian homes in East Jerusalem and in the evacuations of Palestinian Bedouins from their homes in the Negev desert.

The Fund – originally established to buy lands in the early days of Zionism – is today a quasi-government agency that controls 13 percent of the land in Israel. Since the fund only sells lands to Jews, the government occasionally transfers real estate in disputed areas to the fund, so it can carry out discriminatory policies that the government is forbidden from exercising directly. Such are the cases in East Jerusalem.

In the south, the fund does foresting work on the lands of unrecognized Palestinian villages, aimed at preventing Bedouins from rebuilding their homes. Last week, the Abu al-Qian Bedouin clan protested plans to evacute them from their homes in the Yatir area in order to make room for another JNF forest.

Last Thursday, there was an interesting tweet from the JNF USA office, essentially admitting that the Fund sees the Bedouin citizens of Israel as illegal invaders in their own land:

After several followers re-tweeted this message, the tweet was deleted. A new tweet directed readers to a public statement by the fund, claiming that the Bedouin issue “is too complicated to debate in 140 [characters].”

“The issue” is in fact not that complicated. When Israel was established, it chose not to recognize Bedouin ownership of  lands that they cultivated or lived on, making them illegal residents in their own home – even in cases where those settlements predated the state itself. More than 60 years after, the state still tries to evacuate the Bedouin, while refusing to connect them to infrastructure such as electricity and water. Yet in the world of the Jewish National Fund, its not even a disputed territory: All lands belongs to Jews by default, and people – Israeli citizens! – living there are doing so “illegally.”

The Jewish National Fund is knowingly and willingly taking an active role in taking over the lands of indigenous population in different parts of Israel and the occupied territories. Lately, JNF board member Seth Morrison resigned from the organization, calling its evacuations of Palestinians in East Jerusalem a “violation of human rights.”

Rabbis for Human Rights have launched a campaign against the Jewish National Fund’s attempts to take over Palestinian homes and evacuate Bedouins from their lands. You can read more about it here.

Read also:
Protest against settler-friendly JNF expands, raises existential questions
Forced relocation of 30K Bedouin biggest dispossession since ’48


Jerusalem day | remember the words of Mayor Kollek: Arabs are second and third class citizens here

Posted: May 13th, 2010 | Author: | Filed under: The Right, The Settlements, the US and us | Tags: , , , , , , , , , , , , | 6 Comments »

Jews on "heritage tour" in Shikh Jerrah

Yesterday Israel marked “Jerusalem Day”. Established by the government in 1968, this was supposed to become a national holiday, celebrating out return to the most sacred city for Jews and the unification of the Israeli capital. But Jerusalem is anything but unified, and Jerusalem Day is a partisan rightwing celebration, marked through provocative “heritage tours” by ultra-nationalists groups in the Arab neighborhoods, and met with indifference with the rest of the public.

Though Jerusalem’s Mayor Nir Barkat, government officials and Jewish bloggers continue to speak of a united city were all citizens are equal, the truth is that Arabs in Jerusalem are not citizens not equal, and most none religious Jews who adore Jerusalem and celebrate its holiday live on the other side of the Atlantic.

While PM Netnayhu chose to carry a hard line political speech at Merkaz Harav” Yeshiva – the birthplace of the settler movement – It was Likud’s Knesset speaker Rubi Rivlin, of all people, who told it like it is, acknowledging that Jerusalem’s Arabs are greatly discriminated, and that the oaths to the “eternal capitol” are no more than empty words:

“We ill-treated Jerusalem. We ill-treated it by becoming addicted to poeticizing it. We ill-treated it by endlessly longing for a distant ‘Zion’ while Zion is alive here and now. We ill-treated it by endlessly debating its borders and outlines and not debating enough current substance and vision.

“We ill-treated it by writing checks we never cashed in. Checks such as ‘The Reunited Town,’ which, 43 years on, is hardly united.”

But you don’t really need Rivlin to know that. Some twenty years ago, Teddy Kollek, legendary mayor of Jerusalem, admitted – while still serving! – that the city never cared for it’s Arab citizens [PDF, the quote is on page 39 of the document]. His words are worth repeating, since the only thing that changed from his days is that now Israel is kicking Palestinians from their homes and constructing new neighborhoods for Jews in East Jerusalem, so that a territorial compromise would never be possible:

“We said things half-mindedly and never fulfilled them. We’ve said again and again that we will make Arabs’ rights equal those of the Jews – empty words… both [PM] Eshkol and [PM] Begin promised equal rights – both broke their promises… they [Palestinians] were and remain second and third class citizens.”

Q: And this is being said by the mayor of Jerusalem, who labored for the city’s Arab citizens, built and developed their neighborhoods?

“Nonsense! Fables! Never built nor developed! I did do something for Jewish Jerusalem in the last 25 years. But for eastern Jerusalem, what did we do? Nothing! What did I do? Schools? Nothing! Pavements? Nothing! Culture centers? Not one! We did give them sewage and improved the water supply. You know why? You think [we did it] for their own good? For their quality of life? no way! There were a few cases of Cholera and the Jews were scared that it might reach them, so we installed sewage and water.”

—————————–

We also got yesterday another absurd moment regarding Jerusalem, this time from the Israeli authorities. Mordechi Vanunu, the nuclear whistleblower, was sentenced to for community work for violating his outrageous release terms (last time he was put on trail for “contacting a foreign citizens” – it happened to be his girlfriend). Vanunu asked the court to be permitted to carry out this work in East Jerusalem. The state argued that he must work “inside Israel” – ignoring the fact that we declare on a daily basis that East Jerusalem is Israel. The state won. Vanunu was sent to prison. So much for the “united city”, or for Israeli justice.

—————————–

We also had this: two protesters arrested in Sheik Jerrah, for attempting to carry out a small protest against a settlers’ march in the Jerusalem neighborhood, whose residents are mostly Palestinian refugees.

And to end the day in a positive note, Deputy Prime Minister Moshe Yaalon spoke at the Irvin Moskowitz awards ceremony (honoring the US rightwing billionaire, who finance the most radical colonization attempts in Jerusalem and Hebron), and said that the city will remain under Jewish sovereignty forever, and all the talk about dividing the city are no more than “dust in the wind”. But remember, it’s the Palestinians who refuse any compromise.


Racism on the train (part IV)

Posted: April 26th, 2009 | Author: | Filed under: In the News, racism | Tags: , , , , | Comments Off

Israel Railways, the national train company, announced last week that it will no longer demand Army experience for the post of railways lookouts.

We have been following this story for about a month, ever since the train company tried to fire almost all of its Arab lookouts, on the pretext that it prefers to hire Army veterans for the job, i.e. Jews. The issue has reached Israel’s Labor Court, and Israel Railways’ lawyers have finally understood that they are going to lose this one.

Victory? Not so fast.

Read the rest of this entry »


Racism on the Train (part III)

Posted: April 20th, 2009 | Author: | Filed under: In the News, racism | Tags: , , , , , | 8 Comments »

Israel’s Labor Court had another hearing on the issue of the Arab lookouts I’ve been following. As I wrote here before, Israel Railways, the national train company, tried to fire almost all of its Arab lookouts, on the pretext that it prefers to hire Army veterans for the job, i.e. Jews. The court ordered the train company not to fire the lookouts until its next hearing.

This is becoming a case study for the way discrimination works in Israel. The first comment Israel Railways gave on the matter didn’t even try to hide its motives. “Israel Railways sees its duty in helping people who served in the army,” said the spokesman for the train company. Because the work of a lookout has nothing to do with army training, I have estimated that the train company might be in violation of Israel’s equal opportunity law.

On act II, the issue did reach the court, and Israel Railways lost the first battle.

On act III, the train company changed its story. On Sunday’s hearing, Israel Railways’ Director of Security, Yehuda Shaked, claimed that the move was intended to “improve the level of supervision”, since the job of a lookout requires operating a radio and “working in a hierarchic organization”.

It takes about 5 minutes to learn to operate an Army radio. Your average cell phone is far more complicated. But that’s not the point. The point is that Israel Railways is moving from the blunt discrimination it tried to employ to the more hidden one, common in the Israeli work market.

Israel Railways will lose this battle. But if the train company had used the “radio argument” from the start, it could have gotten away with it.