JNF promises to freeze land permit sales after Adalah demands injunction

On 13 October 2004, Adalah submitted a petition to the Supreme Court of Israel against the Israel Lands Administration (ILA), the Jewish National Fund (JNF) and the Minister of Finance (MOF), demanding the cancellation of an ILA policy and a regulation promulgated by the MOF, which effectively permit the marketing and allocation of lands through bids open only to Jews. Adalah also asked the Court to issue an injunction ordering the ILA to freeze all open tenders and tenders shortly to be opened for the marketing of JNF lands, and ban the lease of these lands pending a final decision on the petition. Adalah Attorney Suhad Bishara filed the petition and the motion for injunction.

On 19 October 2004, the JNF filed a motion to delay a Supreme Court hearing on the case scheduled for 25 October 2004, in which it stated that:

The JNF requested that the Supreme Court grant a 30-day extension in order to respond to the petitions submitted regarding this matter. The Association for Civil Rights in Israel and the Arab Center for Alternative Planning also filed a petition to the Supreme Court earlier this month challenging the ILA policy as discriminatory. See H.C. 9010/04, The Arab Center for Alternative Planning, et. al. v. The Israel Lands Administration, et. al. The Court assented to the JNF's request on 20 October 2004.

Under Israeli law, the ILA manages “Israel's lands.” Since 1948, large tracts of Arab-owned land have been confiscated or otherwise appropriated under law and taken into the possession of the state or Zionist institutions, such as the Jewish Agency and the Jewish National Fund, for exclusive use by Jews. These laws and policies have brought about state control of over 93% of the land in Israel.

Israeli law defines “Israel's lands” as including land owned by the JNF. Close to two million dunams of the land currently owned by the JNF was transferred to it by the state in 1949 and 1953. This transfer gave a special status to the JNF under Israeli law. The JNF enjoys a huge influence over land distribution policy in Israel. For example, half of the members of the ILA Council, which determines land policy in Israel by law must be nominated by the JNF. As of 2003, approximately 2.5 million dunams of land in Israel were owned by the JNF, which equates to 13% of the land in Israel.

In its correspondence with Adalah, the ILA has acknowledged that tenders for JNF lands are only open to Jews. According to the ILA, the reason for this policy is that it must uphold the agreement signed between the state of Israel and the JNF in 1961, under which it is obliged to respect the objectives of the JNF: "To purchase, acquire on lease or in exchange, etc., ... in … the state of Israel in any area within the jurisdiction of the Government of Israel or any part thereof, for the purpose of settling Jews on such lands and properties." Thus, the ILA maintains that respecting this agreement does not amount to discrimination against Palestinians in Israel.

Adalah argued in the petition that the ILA, as a public agency established under law, is not authorized to adopt positions or pursue goals which are contrary to the principles of equality, just distribution and fairness. It cannot be a sub-contractor for discrimination on the basis of nationality. Such a policy of discrimination is dangerous, irrational and extremist, and sends a negative, harmful and humiliating message to Arab citizens of Israel.

Adalah further argued that the ILA's policy of excluding Arab citizens of Israel from bidding for JNF lands is not based in statutory law, but only on a regulation - Article 27 of the Regulations of the Obligations of Tenders - promulgated by the MOF pursuant to the Obligation of Tenders Law - 1992. Adalah maintained that the regulation must be cancelled because the Tenders Law does not authorize the MOF to issue such a regulation. In fact, this regulation contradicts Article 2 of the Tenders Law, which provides that bids must respect the principle of equality and prohibits discrimination on the basis of nationality. Moreover, the ILA's policy and the regulation are incompatible with the Basic Law: Human Dignity and Freedom - 1992, as they discriminate on the basis of nationality, and do not rely on Knesset-enacted statutory law.

The continuation of such practices, Adalah also argued, will lead to the further creation of Jewish-only towns and neighborhoods, and Arab citizens of Israel will continue to be barred from leasing JNF land and building houses on it. Adalah contended that the resulting racially-segregated areas will resemble those established under the Apartheid regime in South Africa.

Land is amongst the most essential resources for social and economic development. The result of ILA policies is evidenced by a severe lack of land resources in Arab towns, acute housing shortages and a scarcity of land for building, which precludes virtually all development, in addition to a shrinking of the areas over which Arab municipalities have jurisdiction.

H.C. 9205/04, Adalah v. The Israel Lands Administration, et. al. (case pending).

Total lands in the possession of the JNF, 1992-2003

Source: ILA Annual Reports 1992, 1997, 1999, 2000-2003.