Adalah Submits Motion for Injunction to Supreme Court to Freeze Governmental Decision Awarding Grants for the Purchase of Apartments in National Priority Areas which Completely Exclude Arab Towns
On 20 June 2005, Adalah submitted a motion for an injunction to the Supreme Court of Israel, requesting that the Court freeze a governmental decision issued on 2 June 2005. The decision awards grants to individuals for the purchasing or leasing of apartments in National Priority Areas (NPA) “A” and “B,” within buildings comprised of multiple storeys in the Galilee and in the Naqab (Negev). According to the decision, anyone who purchases or leases such an apartment in a multi-storey building in NPA “A” will receive a grant of NIS 25,000 from the Ministry of Construction and Housing, and NIS 20,000 in NPA “B.”
The motion was filed by Adalah Attorney Hassan Jabareen, on behalf of the High Follow-up Committee for the Arab Citizens in Israel, the Follow-up Committee on Arab Education and in Adalah's own name, pursuant to a petition submitted by Adalah in May 1998. The petition seeks the cancellation of Governmental Decision No. 3292, which determined the NPA list of towns, essentially excluding all Arab towns. The petition remains pending before an expanded panel of seven justices of the Supreme Court.
The 1998 governmental decision divided the country into 3 areas: "A," "B" and "no status." Towns classified as priority areas receive substantial benefits from the government, such as extra educational funding and tax breaks to local industries. Residents of these areas also receive personal economic benefits.
Adalah argued in the motion for injunction that the categorization of National Priority Areas was determined in an arbitrary and discriminatory manner, without legislative authorization or clear objective criteria. These facts were not denied by the Attorney General's Office in its response to the petition.
Adalah emphasized in the motion that there are only four Arab towns among the 527 residential communities categorized as NPA “A,” arguing that this constitutes blatant discrimination on the basis of national belonging. In addition, even these four towns are not covered by the government's new decision, as they do not meet the aforementioned criteria regarding buildings of multiple storeys as a condition for receiving the grants.
In the motion, Adalah also stressed that the failure to freeze the governmental decision would cause material damages, harm the interests of the petitioners and violate their rights. To date, the Supreme Court has not issued a decision on the motion.
H.C. 2773/98 and H.C. 11163/03, The High Follow-up Committee for the Arab Citizens in Israel, et. al. v. The Prime Minister of Israel (case pending).
