The Letter (H)
On 4 June 2005, Adalah received a letter from the Attorney General (AG) stating that the Ministry of Education (MOE) had been ordered to cancel regulations which discriminate against Palestinian citizens of Israel in contractual or maintenance work in all Jewish educational institutions in the Jerusalem District.
Responding to a complaint submitted by Adalah Attorney Morad El-Sana on 23 March 2005, the AG wrote:
The regulations, issued by the MOE's Jerusalem district officer and entitled “The Employment of Minorities in Maintenance Work and in Contractual Work in Educational Institutions,” prohibited the hiring of Arabs from the 1967 Occupied Palestinian Territories for contractual and maintenance work in Jewish educational institutions and stipulated conditions for the hiring of Palestinian citizens of Israel. The regulations stipulated, inter alia, that: (i) checks of every Arab who is hired in an educational institution must be made to ensure that he/she has no criminal record. Every potential employee must also present signed statements from the police confirming that he/she has not committed any sexual offenses; (ii) Arab employees of a contractor must be supervised by a Jewish foreman; (iii) it is forbidden to give a key to any gates or doors of the educational institution to Arab contractual and maintenance workers; and (iv) every contractor of Arab workers must employ and post armed Jewish security guards in addition to the school’s guard.
Adalah argued in the letter that these regulations discriminate against Palestinian citizens of Israel on the basis of nationality, and thereby violate the right to dignity. Adalah also argued that the regulations cause severe damage, since they identify Arab citizens - as a group - as potential criminals simply because of their national belonging. The regulations contradict the fundamental principles of law, human dignity and equality, and are therefore illegal, Adalah contended.
Adalah therefore asked the AG to order the MOE to cancel the regulations, to make a commitment that it will not discriminate on any basis against citizens of Israel, and to publish a formal apology.