Adalah and the Arab Center for Alternative Planning Submit Appeal to Planning Authorities against Approval of Master Plan for New ultra-Orthodox Jewish City of Harish in Arab Wadi ‘Ara Area in Israel
On 19 January 2011, Adalah and the Arab Center for Alternative Planning (ACAP) submitted an appeal to the National Council of Planning and Building (NCPB), the highest planning authority in Israel, following a decision in December 2010 of the Harish Planning Committee to reject the objection filed by both organizations to the Master Plan of the newly proposed ultra-Orthodox Jewish city of Harish. In the appeal, the organizations argued that the land distribution outlined in the Master Plan of Harish contradicts two of the most important planning principles – equality and justice – by giving priority to the interests of the ultra-Orthodox Jewish citizens of Israel, who have no connection to the area, and completely marginalizing and neglecting the interests of Palestinian Arab citizens of the state, a majority in this area, who have also lived there prior to the establishment of the state in 1948.
The new city of Harish, which is to be created in the Arab Wadi 'Ara area located in the center of Israel, highlights the challenges facing Arab towns in the state with regard to planning, building and development. Wadi ‘Ara is currently populated by a large majority of Palestinian Arab citizens of the state. The city of Harish is planned for ultra-Orthodox Jewish citizens to border six Arab towns with a combined population of over 41,000 residents, and will stretch to the currently constructed areas of four surrounding Arab towns: Kufr Kara, Meiser, Barta'a and Arrara. As a result of the plan, the Arab town of Umm El-Katuf will become an enclave within the planned city of Harish. The Harish Master Plan prevents any future development and natural expansion of the Arab towns of Wadi ‘Ara, and will only reinforce the status quo.
In the appeal, Adalah and ACAP also argued that while the Master Plan proposes to bring 50,000 ultra-Orthodox Jews to Harish in the first phase of development, it does not investigate whether the area and the existing infrastructure can support this huge surge in the number of residents. Additionally, this first phase was proposed without regard to the certain impact of the special social needs of the ultra-Orthodox Jewish community.
Adalah Attorney Suhad Bishara and Urban and Regional Planners Ania Bana-Jeries and Hanna Hamdan filed the initial objection to the Master Plan with the Harish Planning Committee in July 2010. The objection argued that the plan reflects the state's discriminatory planning policies and practices towards Arab citizens of Israel living in the Wadi ‘Ara area. While the planning authorities seek to establish Harish, they refuse to recognize and plan Dar El-Hanoun, a small unrecognized Arab village in Wadi ‘Ara. Dar El-Hanoun was created prior to the establishment of the State of Israel in 1948. The residents of Dar El-Hanoun have worked for over 20 years to gain recognition for their village, without success; in fact, many residents were given demolition orders against their homes. The planning authorities have always refused recognition, claiming that the village is located in an area with a green landscape slated for conservation, which prevents residents from living in Dar El-Hanoun.
In October 2010, Adalah and ACAP also sent a letter to the Minister of Construction and Housing, Ariel Atias, demanding that the ministry cancel bids which were recently issued for the establishment of Harish. The publication of bids indicates that the Ministry has begun the substantial planning of Harish despite that fact that the master plan had not yet been approved, as required by the Planning and Building Law - 1965. In the letter, Adalah and ACAP argued that as long as the master plan is not approved, the Ministry of Construction and Housing is not authorized to issue bids for the execution of projects such as those regarding Harish. Accordingly, the bids which have been made are illegal and should be cancelled.
