Court Refuses to Ban Jewish Ultra-Orthodox Organizations from Buying Up Land in City of Harish; Adalah Forced to Withdraw Petition
A sign welcoming visitors to Harish
(Haifa) – On Monday, 21 January 2013 the Haifa District Court held a hearing on Adalah’s petition to prevent organizations from bidding in land tenders for the construction of 78 apartments in the city of Harish in Wadi ‘Ara. During the hearing, Judge Avraham Elyakim stated that although the petition raised serious legal arguments, these were not discussed in the hearing, mainly because, “There is no practical solution for this bid, which has a deadline of 27 January 2013.” Thus because the bid was due to expire in a matter of days, Judge Elyakim suggested that the petitioners withdraw their petition.
The petition was filed due to fears that right-wing and Jewish ultra-Orthodox associations will dominate the bids and distribute them exclusively to their members, while excluding Palestinian citizens. Adalah also demanded the cancellation of a procedure followed by the Ministry of Housing that allows associations to apply for bids and distribute apartments built on the land to their members only, or at least to set forth clear criteria obliging participating associations to guarantee the principle of equality between citizens.
Adalah Attorney Aram Mahameed filed the petition against the Israeli Ministry of Construction and Housing and against the Israel Lands Administration, on behalf of the Arab Center for Alternative Planning, and Mr. Melhem Melhem, a resident of the Arab town ‘Arara, which lies besides Harish. Mr. Melhem, a father of four, would have liked to have bought an apartment in the new housing development, but will not be able to do so if an association wins in the bid, as he is not a member of any of the associations that are buying up land. Notably, none of the associations involved has publicized the possibility of joining them as members in order to participate in the land bid in Arab newspapers or to the general public.
In November 2012, the Ministry of Housing published a tender for the construction of 78 housing units in the HaBirsa neighborhood of Harish. According to the announcement, the bid was open to all residents and was not intended for any specific group. Under procedures in place since 2004, the tender also allows associations to bid for land which distribute it with the goal of establishing exclusive housing for their members. This procedure lacks any condition to guarantee the equitable distribution of public resources, as required by law, and allows such associations to allocate land only to their own members. The Ministry of Housing’s decision to allow these associations to enter bids for plots of land designated for construction is subject to the ministry’s own considerations, and it is not at all clear what its criteria and directives are.
Haifa District Court, Administrative Petition 58680-12-12, Milhem Milhem, et al. v. The Israel Lands Administration, et al.
