Challenging Discriminatory Governmental Policies Regarding the Leasing of Land and Eligibility for Housing Assistance in Arab Bedouin Towns in the Naqab
Petition and motion for an injunction submitted to the Supreme Court in 10/05 in Adalah's name and on behalf an Arab Bedouin citizen of Israel against the Bedouin Development Agency (BDA), the Israel Lands Administration (ILA), and the Ministry of Construction and Housing. The petition challenged the following policies governing eligibility to lease land in Arab Bedouin towns in the Naqab: (i) the BDA requirement that individuals submitting applications must have served in the Israeli army or in other Israeli security forces; (ii) the ILA's Decision No. 1028 from 5/05, which affords large discounts on the price of leasing land to those who have served in the Israeli army or in other Israeli security forces; and (iii) the Ministry of Construction and Housing's policy of not issuing a certificate required by the BDA to an applicant who is married to a non-citizen, irrespective of the couple's socio-economic situation.
Adalah argued that the policy of awarding large discounts on leasing land for those who serve in the Israeli military and in other security forces is illegal, as it is not based primarily on socio-economic need and as there is no connection between army service and the marketing of land. Adalah emphasized the illegal nature of using state-owned economic resources in this manner. Regarding the denial of housing assistance to citizens of Israel married to non-citizens, Adalah contended that this policy is discriminatory and violates the right to family life as it distinguishes between citizens on an illegitimate basis - one's choice of life partner - and disproportionately impacts Palestinian citizens of Israel, who are primarily the citizens who are married to Palestinians from the OPTs or other Arab countries. Further, Adalah argued that there is no link between the status of a citizen's spouse and the right to housing.
In 10/05, the Attorney General's Office announced in its initial response to the motion for an injunction the cancellation of the military service requirement as a pre-condition for eligibility to lease land. It also announced that the Ministry of Construction and Housing annulled its policy of denying housing assistance to married couples, one of whom is a citizen and the other a non-citizen in 4/05, as long as both spouses are present in the country. The AG's Office did not address the issue of the deep discounts offered on the price of leasing land to those who serve in the Israeli military or the security forces, and this question remains pending before the Supreme Court.
Update: At a hearing held in 4/07 on the issue of the ILA decision to award large discounts in the leasing of land to those who have completed military service, the Supreme Court suggested that Adalah withdraw the petition and file a new petition focused exclusively on this issue.
H.C. 9457/05, Rizeq Gilawi, et. al. v. The Bedouin Development Agency, et. al. (petition withdrawn).
