Following Adalah's Petition to Supreme Court: Haifa Municipality to Publish All Public Announcements in Arabic Language Press

On 22 November 2004, the Supreme Court of Israel issued its decision on a petition submitted by Adalah in March 2001, which demanded that Haifa Municipality publish public announcements in the Arabic language press, in the Arabic language. The petition was filed in the name of Palestinian Arab citizens of Israel living in Haifa, against Haifa Municipality.

In its decision, the Court approved an agreement reached recently between Adalah, represented by Adalah Attorney Orna Kohn, and Haifa Municipality, under which the municipality is obliged to publish all its advertisements in the Arabic as well as the Hebrew language press. The agreement, which incorporates the majority of the demands made in the petition, was reached after four years of litigation and a protracted process of negotiations between Haifa Municipality and Adalah. It represents a significant shift in Haifa Municipality's original position, as stated in its initial response to the petition. The municipality initially denied any legal duty on its part to publish in Arabic the advertisements which it publishes in Hebrew, and any need to do so. The municipality also claimed to have full discretion on the matter.

According to the agreement, Haifa Municipality must publish in the Arabic language press all information and service advertisements which it publishes in the Hebrew language press such as registration for schools and kindergartens, alterations to traffic routes and the municipality's public opening hours.

The municipality also agreed to publish in the Arabic language press all advertisements which it publishes regarding cultural and social events open to and relevant for the general public in the Hebrew language press, such as concerts and lectures. Cultural and social events targeted at a specific audience which is not the Arab community, for instance, events on Orthodox Jewish culture, will not be published in Arabic. Similarly, cultural and social events focused specifically on Arab culture will be published only in Arabic.

Haifa Municipality further committed to publish in Arabic all of its official announcements, including bids, planning and building advertisements, decisions on the allocation of municipal funds, and any other announcements which it is required by law to publish.

Additionally, in order to provide Arabic readers with as effective access to the information as that available to Hebrew readers, the agreement stipulates that: (1) all advertisements in Arabic must be published at a similar time and with similar frequency to those published in the Hebrew language press; and (2) the size and location of the advertisements within the newspaper must match as closely as possible those placed in the Hebrew language press.

The petition was filed to the Supreme Court after the Haifa District Court refused to accept jurisdiction regarding the matter. Adalah argued in the petition that the municipality's practice of only publishing informational and service advertisements in the Hebrew press discriminates against Arab citizens of Israel living in Haifa, who constitute 14% of the city's total population, concerning the receipt of vital information about the municipality's services, and disregards the safety of Arab citizens. Adalah further contended that the practice violates Article 82 of the Palestine Order-in-Council – 1922, according to which the Arabic language is an official language of the state, together with Hebrew. This law was originally codified under the British Mandate and later adopted by the Knesset, thereby becoming part of Israeli law. The law obliges all authorities in the country to respect the status of Arabic as an official language of the state.

H.C. 1114/01, Adalah, et. al. v. Haifa Municipality