Recent Decisions
1. In 1/12, the Supreme Court dismissed Adalah and ACRI’s petition to declare the “Nakba Law” unconstitutional, rejecting arguments that it violates the rights of freedom of speech and equality, and severely infringes on Arab citizens’ rights to preserve their history and culture. The Court ruled that the case was pre-mature, as the state had not yet applied the law to any of the petitioners by cutting their budgets.
HCJ 3429/11, The Alumni Association of the Arab Orthodox School in Haifa et al. v. The Minister of Finance, et al issued 01/12.
2. The National Labor Court rejected in 1/12 Adalah’s petition demanding that pension insurance agreements apply to all workers over the age of 18.
Collective Agreement 52/09, Adalah and ADVA v. The Histadrut National Federation of Labor Unions, et al.
3. In 1/12, in a 6-5 decision, the Supreme Court rejected four petitions, including one filed by Adalah, seeking to cancel the Citizenship Law, which bans family unification in Israel between Palestinian citizens of Israel and Palestinian residents of the OPT and/or “enemy states” defined by law as Syria, Lebanon, Iran and Iraq. This decision follows the Supreme Court’s 6-5 judgment issued in May 2006, which also upheld the law.
HCJ 466/07, MK Zahava Galon v. The Attorney General, et al.
4. In 2/12, in a landmark ruling, the Supreme Court accepted a petition filed by Adalah and other social rights NGOs and voided a law prohibiting state income support recipients from owning or using cars.
HCJ 10662/04, Salah Hassan, et al. v. The National Insurance Institute, et al.
5. In 2/12, the Nazareth District Court rejected a second petition submitted by Adalah demanding conjugal visits for political prisoner Walid Dakka, a Palestinian citizen of Israel serving a life-term in prison, in order to father a child. The court relied on “secret evidence” in making its ruling.
Nazareth District Court, Prisoner’s Petition 54950-11-11, Walid Dakka v. Israel Prison Service (case rejected).
6. In 3/12, the Supreme Court rejected Adalah’s request that clear criteria for permits to visit ‘enemy states’, as defined by Israeli law, be determined and publicized by the Interior Ministry.
HCJ 2390/10, Hlehl v. The Minister of the Interior
7. In 5/12, the Supreme Court overturned provisions of a discriminatory tax law that arbitrarily afforded tax breaks solely to Jewish towns close to the border with Gaza and completely excluded Arab Bedouin towns.
HCJ 6901/05, Mayor of Rahat Municipality, et al. v. Minister of Finance, et al
8. In 6/12, following Adalah’s representations at a hearing before the Beer el-Sabe Magistrates’ Court, the prosecutor withdrew an indictment against Ayman Odeh, the General Secretary of al-Jabha (Hadash) charging him with “preventing a police officer from performing his duty” during the course of demonstrations against home demolitions in the unrecognized Arab Bedouin village of Al-Araqib.
Beer el-Sabe Magistrate Court, 24563-10/11 The State of Israel vs. Ayman Odeh
9. In 6/12, the National Planning and Building Committee, at the request of the Prime Minister’s office, rejected an objection filed by Adalah and Bimkom that sought cancellation of master plan for Metropolitan Beer el-Sabe (Beer Sheva) 14/4 (Amendment No 23) and recognition forArab Bedouin village of Umm el-Hieran-Atir.
Objection filed in 10/07 by Adalah and Bimkom
10. In 6/12, the Ministry of Culture and Sports announced that it is allocating NIS 775,000 to cultural programs for Arab children during their holidays. This notice came in response to a petition by Adalah submitted to the Supreme Court in 4/12 against the Ministry demanding that it offer free cultural programs to all children - Jewish and Arab – during the Passover and Easter holidays. The Ministry funded the full cost of plays and cultural events for children in 110 Jewish towns, but not one Arab town was included on the list.
HCJ 2728/12, Adalah, et. al v. Ministry of Culture and Sport
11. In 8/12, Adalah learned that the Education Ministry established the first high school in Abu Tulul, a formerly unrecognized Arab Bedouin village. 120 students started the 10th grade this academic year, 2012-2013, in a series of caravans. The opening of this school follows seven years of litigation before the Supreme Court by Adalah as well as a motion for contempt due to the state’s failure to uphold its commitment to open the school in 2009.
HCJ 7562/09, Fatmeh Abu Sbeli, et al. v. Ministry of Education, et al.
12. In 9/12, the National Council for Planning and Building (NCBP) rejected the objection to the Jerusalem Regional Master Plan that Adalah submitted in cooperation with the Civic Coalition for Defending the Rights of Palestinians in Jerusalem in 11/08. This plan will further restrict development of Palestinian neighborhoods, entrench the settlements and alter the city’s demographic composition. Objection filed in 11/08 to plan
13. The National Committee for Planning and Building rejected an objection in 9/12 against the Master Plan for a new Jewish town to be called “Hiran" (Plan 15/02/107) to be built of the land of Atir-Umm al-Hieran, submitted by Adalah, Bimkom, and the Arab Bedouin residents of the village.
