As a Result of Adalah's Petition to the Supreme Court, Knesset Appoints Arab MK as a Full Member in the Special Economic Committee
Yesterday, 29 May 2002, Adalah appeared before the Supreme Court to announce the decision to withdraw a petition filed two days earlier against the Knesset.
On 27 May 2002, Adalah's General Director Hassan Jabareen and Staff Attorney Jamil Dakwar filed a petition on behalf of three Arab political party lists - The United Arab List, The National Arab Party, and The National Democratic Assembly - challenging the Knesset's decision to establish a special Economic Committee, which excluded all Arab Members of Knesset (MKs). The Knesset decided that only political parties with more than five seats could participate in the special Economic Committee, appointed to review the emergency recovery budget. In doing so, the Knesset rejected the suggestion of MK Abd el-Malik Dehamshe, head of The United Arab List, that the Knesset consider the various Arab parties collectively, and add two Arab MKs to the special Economic Committee. Arab parties hold a total of ten seats in the Knesset (including the Democratic Front for Peace and Equality). Since the largest Arab political party - The United Arab List - has only three seats, the Knesset's decision effectively denied representation to the Arab public in the decision-making process on crucial budgetary matters.
The petitioners argued that the Knesset's decision violated Article 3 of the Basic Law: The Knesset, which enumerates the right for equality in election to the Knesset. As interpreted by the Supreme Court in previous decisions, Article 3 also applies to all internal Knesset activities and actions. By denying representation to minority groups, the decision violated the basic constitutional rights of the Palestinian citizens of Israel, who compose about 20% of the population. As the elected representatives of the Palestinian community, the Arab MKs have an obligation to represent their constituents in all matters that directly affect them, especially with regards to an important budgetary issue in a time of economic crisis. The Arab political parties are in the opposition. They vehemently oppose the proposed budget cuts, in particular, cuts to National Insurance benefits for children, which will have a discriminatory effect on Arab families. The petition also cited United States disparate impact caselaw, with regard to suspect groups.
Immediately after filing the petition, the Supreme Court ordered the Knesset to respond. On 28 May 2002, the Knesset informed the Court that after reviewing the petition, the Chair of the Knesset, MK Avraham Burg, asked the Knesset Committee to reach a settlement with the Arab political parties. Subsequently, the special Economic Committee recommended that the Knesset add one Arab MK (and one alternate from the coalition) to the committee. The heads of the three Arab party lists asked for the Knesset's confirmation as a condition of withdrawing from the petition, and the Knesset agreed. Based on this settlement, and on behalf of the Arab political party petitioners, Adalah withdrew the petition.
