Defending Residents of Kammaneh against Attempt by Jewish Town of Kamoun to Cancel the Village's Master Plan

H.C. 6176/06, The Cooperative Organization for the Agricultural Settlement of Kamoun v. The National Council for Planning and Building et al.

Response filed in 11/06 on behalf of residents of the Arab village Kammaneh to a petition submitted to the Supreme Court by residents of the neighboring Jewish town of Kamoun seeking to cancel the master plan for Kammaneh. In the petition the residents of Kamoun requested the cancellation of the master plan for Kammaneh, unless three demands are met:

1. "The cleansing of Kamoun of its Arab residents." The residents of Kamoun demanded that the master plan for Kammaneh should include a "solution" for an Arab family currently living in Kamoun in their relocated to Kammaneh. In the response, Adalah argued that conditioning the approval of the master plan for Kammaneh, which is a basic right of the residents of the village, on the relocation of the Arab family is arbitrary and illegal. Adalah further argued that the implication of this request is the imposition of an apartheid system through the exploitation of planning and building procedures, by preventing Arab families from living in the town.

2. The paving of a road for the exclusive use of the residents of Kammaneh. This demand involves the paving of a by-pass road to circumvent Kamoun, so as not to force its Jewish residents to travel on the same road as their Arab neighbors in Kammaneh. Adalah indicated that the position of the National Council for Planning and Building is that the existing road was planned to meet the transportation needs of both towns. Adalah further contended that, even if there were a need for a further road, the approval of the master plan for Kammaneh cannot be made contingent on an "exclusive" road for Kamoun.

3. The safeguarding of a Jewish majority on "Mount Kamoun" in the long-term. The residents of Kamoun claimed that the master plan for Kammaneh will preclude future expansion of the master plan for Kamoun. Adalah argued, however, that the master plan does not prevent the expansion of Kamoun, as the proposed master plan for the expansion of Kamoun is not planned according to a calculation the area of land in the master plan for Kammaneh.

H.C. 6176/06, The Cooperative Organization for the Agricultural Settlement of Kamoun v. The National Council for Planning and Building et al. (case pending)