ADALAH NEWS UPDATE
12 December 2011

Despite awarding compensation to the family of a Chinese worker who was killed while working in the former Jewish settlement of Ganei Tal, located in the southern Gaza Strip prior to its dismantlement in July 2005, Israel's National Insurance Institute (NII) has refused to pay compensation to the families of four Palestinian workers who were killed in the same incident, and to others who were injured. The workers were killed by a rocket fired at the settlement by Palestinian militants in June 2005.

The NII claims that compensation was paid to the Chinese family in accordance with the "Compensation Law for Victims of Hostile Acts - 1970", but that this law excludes Palestinians who were harmed in operations in "other areas", which are areas under the control of the Israeli army located outside the borders of Israel, such as the West Bank and Gaza Strip.

On 4 December 2011, Adalah Attorney Sawsan Zaher and private Attorney Ahmed al-Malik submitted legal arguments to the National Labor Court in support of compensation for the Palestinian families of the killed and injured workers, based on the fact that they were killed while working in a settlement. The motion stated that the workers had work permits from the Israeli authorities, as required by Israeli law, and therefore that they should be dealt with on an equitable basis and with respect for their rights, especially the right to life. They further argued that discrimination between a Chinese worker and Palestinian worker in this case was unjustifiable.

The aforementioned law does not specify the areas in which it is in force, or the identity of the persons whom it applied to. Rather, these specifications were made in a decision issued by the Minister of Defense. The Minister decided that the law applies to all Israeli regions and to all of those who are present within them, and to all areas under the control of the Israeli army and to all of those present within them except Palestinians. However, according to Israeli Supreme Court case law, the defining of the persons or areas to which the law applies must be done in law, and not by ministerial order.

Attorneys Zaher and al-Malik argued that discriminating between Palestinians and others in this case constituted discrimination on the basis of national belonging, which is unconstitutional. They added that this discrimination was in blatant violation of the constitutional rights of the victims of their families, including the rights to human dignity, equality and property.

A hearing on this case will be held before the National Labor Court on 13 December 2011.

Case Citation: National Labor Court 537/09, Samir Jarjon, et al v. National Insurance Institute and the Attorney General (case pending)

The motion (Hebrew)