Report: Israel continues to conduct human rights violations against Palestinians
Thursday December 20, 2007 16:06
by Ghassan Bannoura – IMEMC News
ghassanb at imemc dot org
The Adalah Human rights group that is based in Israel has recently issued a report presenting a selection of the cases it has worked on during the year in which it challenged some of Israel’s most blatant violations of human rights against the Palestinian citizens of Israel and Palestinians living in the West Bank and the Gaza strip.

Adalah is an independent human rights organization, registered in Israel. It is a non-profit, non-governmental, and non-partisan legal center. Established in November 1996, it serves Arab citizens of Israel, which make up over one million people or close to 20% of the population.
Adalah (“Justice” in Arabic) works to protect human rights in general and the rights of the Arab minority in particular. Hear is the full report: Splitting Families: The Ban on Family Unification Law Since May 2002, the Tbilah family has been living in a state of fear of future separation. Ranin, from Shafa’amr in Israel, married Hatem Tbilah, originally from Nablus in the occupied West Bank. Later they had two children, Asaleh and Dima.
They are living in fear because of the Israeli government’s policy of banning family unification for Palestinians. This policy was enshrined in law by the Knesset in 2003. The law bans the unification of families in Israel in which one spouse is a citizen of Israel and the other is a Palestinian from the Occupied Palestinian Territories.
The Israeli Supreme Court decided in May 2006 to uphold what Adalah calls a ‘racist’ law, thereby rejecting Adalah’s petition challenging the constitutionality of the law.
As a result of the Supreme Court’s failure to protect their basic right to family life, the Tbilahs and thousands of other families like them now face the imminent break up of their families.
In March 2007, the Knesset expanded the scope of this law and the duration of its applicability until the end of July 2008. The new law not only prevents citizens of Israel married to Palestinians from the OPT from living together as a family in Israel, but also bans residents or citizens of Iran, Iraq, Syria or Lebanon, legally defined as ‘enemy states’, from doing so. Adalah filed a petition against this new law in May 2007, demanding its cancellation.
Adalah argued that the law is racially discriminatory as it bars certain “non-citizen” individuals from family unification solely on the basis of their nationality, and that this exclusion has no parallel in any democratic nation. Adalah further argued that in addition to perpetuating violations of the right to dignity, privacy, equality and family life, the new law prevents Arab citizens of Israel from having contact with their families and members of the Arab nation and the Palestinian people. This is an extremely dangerous matter as the Arabs in Israel are not an immigrant group but an indigenous national minority.
Home Demolitions, Evacuations and Forced Relocations: Dispossessing and Displacing the Arab Bedouin in the ‘Unrecognized Villages’ Around 1,000 Arab Bedouin citizens of Israel belonging to the Abu al-Qi’an tribe live in Atir-Umm al-Hieran, an ‘unrecognized village’ located in the Naqab (Negev) desert. After the establishment of the state in 1948, the military government ordered the members of the tribe to leave their ancestral lands in Wadi Zuballa, which the state transferred to a kibbutz for use solely by Jewish Israelis. The tribe was moved to various locations and in 1956 was forced to relocate to Atir-Umm al-Hieran.
Despite having relocated them, however, the state did not officially recognize the village and as a result its inhabitants receive little-to-no basic services, including electricity, water, telephone lines, or education and health facilities.
There are dozens of Arab Bedouin ‘unrecognized villages’, referred to by the state as ‘illegal clusters’, in the Naqab. The state is seeking their direct, collective re-location from their land. In October 2007, Adalah and Bimkom submitted an objection to the National Council for Planning and Building on behalf of 82 people from Atir-Umm el-Hieran, seeking the revision of the master plan for metropolitan Beer el-Sabe (Beer Sheva).
The objectors’ demands include the recognition of the village and preparation of a master plan for it and the drafting of a plan for building infrastructure in the village. The master plan does not include suitable housing solutions for the Arab Bedouin of the Naqab in general, and for the residents of Atir-Umm al-Hieran in particular. Far from it: according to the master plan, a new community named Hiran – designated exclusively for Jewish citizens – will be constructed on most of the village’s land.
A report by the Israel Land Administration (ILA) identifies a number of ‘special problems’ that may affect the planning and establishment of Hiran, among them the Arab Bedouin inhabitants of the area. Two other new Jewish communities are also planned for the area. In order to establish these three new Jewish communities, the state is using multiple means and procedures to evacuate the entire Arab Bedouin population of Atir-Umm al-Hieran, including filing lawsuits to evict them and requests for demolition orders against their homes to the courts.
Despite court orders to freeze the home demolitions requested by Adalah, the ILA demolished some houses in June 2007 leaving many families homeless. Adalah is also representing village residents in lawsuits challenging all these orders, and is demanding an investigation and disciplinary proceedings against those responsible for the illegal demolitions.
In mid-June 2007, after Hamas seized control of Gaza, Israel closed the Karni crossing, which is a vital passageway for the movement of essential foods and goods to and from Gaza. Under international law Israel still occupies Gaza – even after the ‘Disengagement’ in 2005 – because it still exercises effective control over the lives of the residents of Gaza and the borders that link Gaza to the outside world.
Adalah accuses Israel of being in violation of its duties to protect the safety and security of the residents of Gaza, due to the closure of Karni and all other crossings. In a petition filed by Adalah, Al Haq, Al Mezan and the Palestinian Centre for Human Rights-Gaza to the Supreme Court in June demanding the immediate reopening of the crossing, Adalah argued that the closure of Karni and not supplying basic foodstuffs and other essential provisions to the residents of Gaza violates their rights to life, health and to an adequate standard of living.
Adalah further argued that Israel’s actions amount to collective punishment. However, the court was unconvinced that there is a humanitarian crisis in Gaza and advised the petitioners in October 2007 to withdraw the petition. By early September 2007, the Israeli government had decided to further reduce the supplies of fuel and electricity it provides to Gaza.
As Israel is not allowing the Palestinians to obtain fuel and electricity from an alternative source, these cuts also constitute collective punishment and not economic sanctions against a ‘hostile entity’, as Israel claims.
In October, Adalah and Gisha, on behalf of ten Palestinian and Israeli human rights organizations, petitioned the Supreme Court demanding an injunction to prevent the state from disrupting the supply of electricity and fuel to Gaza. The petitioners argued that the reduction in fuel supplies has already caused extensive damage to vital systems like water wells, and as a result around 250,000 Palestinians in Gaza are suffering from disrupted water supplies. In addition, cutting electricity will impair the operation of hospitals and other vital services, particularly since Gaza was left completely reliant on Israel for power after Israel destroyed all six transformers in Gaza’s only power plant in June 2006.
The petitioners also strongly contested the state’s claim that it is only bound to safeguard “a minimal humanitarian situation” in Gaza, a term that does not exist in international law. On 29 November 2007 the Supreme Court approved the government’s decision to cut fuel supplies to Gaza. The court has temporarily frozen cuts to the electricity pending receipt of information by the state on the effects of the plan on the Palestinian population in Gaza.
In Adalah’s view, the court’s ruling violates the basic principles of international humanitarian law, which prohibit using civilians for political purposes and bans collective punishment. Jewish National Fund Excludes Arab Citizens from 13% of ‘Israel Lands’ In the pre-state era, institutions such as the World Zionist Organization, the Jewish Agency and the Jewish National Fund (JNF) pursued the project of “land redemption” in order to establish a Jewish state in Palestine.
After the establishment of the state in 1948, Israel transferred state-acquired properties and land development functions to these organizations for exclusive use by Jewish people, thereby discriminating against Palestinians who remained and became citizens of the state. The Israel Land Administration (ILA) manages all state lands, which comprise over 93% of the total area in the state, including JNF-owned land since 1961.
Thus, Palestinian citizens of Israel are completely excluded from approximately 13% of “Israel Lands,” or 2.5 million dunams, owned by the JNF. In 2004 Adalah petitioned the Supreme Court demanding the cancellation of an ILA policy which permits and conducts the marketing and allocation of JNF lands through bids open only to Jews.
In response to this petition and a further petition filed against the ILA’s policy by the Association for Civil Rights in Israel (ACRI), the JNF declared that its loyalty is only to the Jewish people and not the Israeli general public, and that it operates solely for the benefit of Jewish citizens.
However, while the JNF claims to have purchased the lands in its ownership using money donated by Jews from around the world in order to buy land in Israel and its distribution among Jews, 78% (close to 2 million dunams) of the land in the JNF’s control were transferred to it by the state in 1949 and 1953. The majority of this land belonged to Palestinian refugees and displaced persons.
Adalah argued that the ILA, as a public agency established under law, is not authorized to adopt positions or pursue goals which are contrary to the principles of equality, just distribution and fairness, and it cannot be a sub-contractor for racial discrimination. Adalah emphasized that upholding this discriminatory policy will result in the institutionalization of racially segregated communities in Israel resembling those established under the Apartheid regime in South Africa, and in the perpetuation of the systematic violation of the land and housing rights of Arab citizens.
At a hearing on the petition in September 2007, the Supreme Court approved a proposal made by the JNF and the Attorney General’s Office to delay further deliberations on the case in order to allow a final agreement to be reached over a land exchange between the state and the JNF. Under this proposal, the JNF will allow Arab citizens to bid for JNF- lands for three months; in return the state will compensate the JNF for land acquired by Arab citizens by transferring alternative state lands to it.
Adalah objected to the proposal on the ground that it does not end the discrimination against Arab citizens as the JNF will maintain its current hold over 2.5 million dunams of land. The case is pending.
According to official figures, around 89% of all towns and villages in Israel are classified as Jewish. Palestinian Arab citizens of the state are excluded from purchasing leasing rights in approximately 78% of these towns and villages, which are known as community or agricultural towns.