08_02_28
NEWS UPDATE 28 February 2008
Haifa University
to Adalah: The Law Imposes Military Service Requirement for Training Course for
Commercial Fleet Officers; We are Not Responsible for It
On 28 January 2008, the University
of Haifa and the Marine Education and Training
Authority responded to a letter sent by Adalah demanding the cancellation of
the military service criterion as an entry condition for its training course
for officers for the Israeli Commercial Fleet as it discriminates against
Palestinian Arab citizens of Israel.
The course is scheduled to begin in the 2008-2009 academic year. Graduates of
the course receive a bachelor’s degree and are trained to work in the Israeli
Commercial Fleet.
Haifa
University claimed in its response that
the Israeli Shipping Law (1973) stipulates the imposition of this condition,
that it is not responsible for the setting this restriction, and that the
university’s role is limited to providing academic services. In its response,
the Marine Education and Training Authority claimed that neither it nor the
university has any part in the setting of this condition, and that the Minister
of Transport is authorized to examine each case individually and can exempt
those who apply to the course from this condition.
Adalah Attorney Sawsan Zaher sent
the letter to the Dean of Haifa University, the Dean of Students and the
Director of the Marine Education and Training Authority on 22 January 2008. In
the letter, Adalah argued that the course is designed to train candidates for a
civilian profession: “Imposing this criterion as a condition for acceptance to
a training course immediately eliminates Arab candidates … the result of
introducing this condition is the exclusion of Arab candidates who are suitable
for the course, and subsequently the restriction of their entry into the
profession of seamanship, solely because they are Arabs.”
Adalah referenced a decision
delivered in 2006 by the Haifa District Court on a petition filed by Adalah
regarding the use of the criterion of military service in the allocation of
student dorms at the University of Haifa.
In its decision, the court accepted Adalah’s argument that this criterion must
be cancelled and that it discriminates against Arab students.
The introduction of the military
service criterion “constitutes unlawful discrimination on the basis of national
belonging, and is in breach of the constitutional rights of Arab candidates who
wish to register for the course,” argued Adalah in the letter. The use of the
military service condition in this case contradicts the Students’ Rights Law
(2007), and violates Arab students’ constitutional right to freedom of
occupation, as stipulated in the Basic Law: Freedom of Occupation. Adalah's letter (Hebrew)
The response of Haifa University (Hebrew)
The response of the Marine Education and Training Authority (Hebrew)
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