Adalah's Initial Response to the Ministerial Committee's Report Regarding the Implementation of the Or Commission Conclusions

03/06/2004

The Ministerial Committee report did not relate to the failure to indict any of the policemen or police officers involved in the October 2000 events. Adalah is gravely concerned as this failure reflects a blatant disregard for the lives of the Arab citizens of Israel. Despite the fact that four years have passed since the October 2000 events, the people responsible for the killings have yet to be indicted. Furthermore, the police investigation unit (Mahash) has not opened any investigation, as recommended in the Or Commission report. Following the October 2000 events and over the past four years, police violence towards Arab citizens of Israel has only increased. Mahash has not fulfilled its legal duty to thoroughly investigate police violence, and no indictments were made. Adalah has received numerous reports of Arab citizens killed by police shootings. For example, in July 2003 Mr. Moursi Jabali of Taybi was shot and killed by the police, and in December 2003 Mr. Mahmoud Sadi of Led (Lod) was shot and killed by the police.

Furthermore, Adalah has received many complaints from Arab citizens who have fallen victim of police violence. For example, on 25 February 2004 police forces arrived at the village of Beineh in the Galilee in order to secure the demolition of the home of Mr. Yusef Titi, a resident of the village. The conduct of the police brought fear and terror to the residents of the village. The police used excessive force, and caused many injuries. Many residents of the village were evacuated to local hospitals as a result of the injuries they sustained. To date, Mahash has failed to open an investigation into any of these events.

The Ministerial Committee refrained from relating to any of the recommendations of the Or Commission Report concerning the principle of just distribution of land resources to Arab citizens of Israel. Neglecting this issue may result in the perpetuation of the discriminatory land distribution policy of the Israeli authorities.

Regarding the issue of encouraging Arab citizens to serve in the Army or national service, Adalah stresses that the right to equality is an absolute right. In accordance with international human rights treaties, it is the obligation of the authorities to respect this right. The authorities must refrain from conditioning the right to equality upon any terms.

The Arab members of Knesset are the elected leaders of the Arab minority in Israel. Leading the struggle against the discrimination of Arab citizens of Israel is their role and their political duty to their constituency. Thus, criticizing them only perpetuates the policy of discrimination and its consequences for the Arab minority.

On 22 October 2000, the government announced the NIS 4 Billion Plan for the Development of the Arab Sector. This plan has yet to be implemented. Nevertheless, in petitions submitted to the Supreme Court of Israel challenging the discrimination in budget allocations to Arab citizens, the Attorney General argues that the NIS 4 Billion plan has been designated for the Arab minority and thus the state is not obligated to implement any other development plans for the Arab minority. The Supreme Court recently ruled on a petition submitted by Adalah that the state can no longer use the NIS 4 Billion plan as an argument for excluding Arab towns and villages from any other socio-economic development plans. The Supreme Court further stated on this same issue that “Arab towns and villages are entitled to be included in all future socio-economic plans according to equitable criteria”.

Adalah's position is that establishing an ‘authority for the advancement of minorities', without any specific legislation will result in the perpetuation of the policy of discrimination against Arab citizens of Israel. The goal of attaining equality between Arab and Jewish citizens should be the aim of all government ministries and it is unconstructive to limit it to a specific ‘authority'. Any decision to establish a commission for advancing the rights of the Arab minority in Israel must be statutory; it must be subordinate to specific legislation designating it with specific powers.

As for the ‘Day of Tolerance', if the aim is to strengthen civil values in Israel, it must incorporate universal themes suitable for the entire population as opposed to themes inclined towards the dominant group.

As for education for co-existence, any education and any advancement of universal values between Jews and Arabs are welcome. However, it is equally crucial to take into account the poor state of the Arab educational system in Israel, which suffers from historical discrimination. Thus, exercising affirmative action in the field of education is necessary.