MEDIA ADVISORY: Supreme Court to Hear Petition on 20 June of MK Dr. Ahmed Tibi against the Knesset for Disqualification of Bill Prohibiting Nakba Denial
Tomorrow, Wednesday 20 June 2012 at 9 am, the Israeli Supreme Court will hear the petition of MK Dr. Ahmad Tibi (Ra'am-Ta'al), against the Speaker of the Knesset, MK Reuven Rivlin, for prohibiting the introduction of a bill to amend the "Nakba Law" enacted in March 2011. The bill proposed by MK Tibi provides that the Finance Minister may cut transfers from the state budget to bodies that engage in a "public denial of the Nakba as a historic event, which constitutes a real disaster of the Palestinian people, including the Arab minority in Israel." The Presidency of the Knesset, which includes the Chair of the Knesset and his deputies, disqualified the bill on the grounds that it negates the definition of Israel as a Jewish state.
Adalah General Director Attorney Hassan Jabareen will represent MK Tibi before the Supreme Court. The judicial panel will be composed of three: the Chief Justice Grunis, and Justices Hayut and Shoham.
The Knesset’s legal advisor claimed in response to the petition that the proposed law centered around remembrance of the Nakba, which Arabs in Israel commemorate on the Israeli national Independence Day. By raising awareness of the Nakba on this day, it may overshadow Independence Day, and therefore the proposed law violates one of the special means of preserving the Jewish nature of the state of Israel.
The petition emphasized that the purpose of introducing the bill is to have a discussion about the Nakba and the Palestinian narrative, in order to convince even a small majority in the Knesset that the "Nakba Law" is an injustice to the Palestinian minority in Israel and that the denial of the history of Palestinian citizens is inconsistent with the principle of equal citizenship. The petition also argued that the debate about the history of Arab citizens in Israel is very legitimate and that actually denying the existence of such debates is itself a denial of the equal status of Arab citizens and violates their right to dignity.
The refusal to even allow the introduction of the proposed law is the first time in the Knesset’s history that a bill is rejected based on Section 134 (c) of Knesset regulations, which allow the Presidency to disqualify a bill in advance for denying the existence of Israel as a Jewish state.
Case Citation: HCJ 5478/11, MK Ahmad Tibi v. The Speaker of the Knesset, MK Reuven Rivlin (case pending)
Adalah Press Release, “MK Ahmed Tibi Petitions Supreme Court against Knesset’s Decision to Disqualify Bill Prohibiting Nakba Denial,” 21 July 2011
Contacts:
Adalah Media Coordinator, Salah Mohsen, salah@adalah.org, 052-595-0922
Adalah Media Coordinator, Edan Ring, edan@unik.co.il, 054-668-0085
