Adalah to AG: Prevent convening of new AG selection committee due to no Arab representation

On 8 August 2015, Adalah, on behalf of Joint List MK Dr. Yousef Jabareen, sent a letter to Attorney General (AG) Yehuda Weinstein demanding that he prevent the convening of the selection committee, which is charged with choosing a new AG, until Arab representation on the committee is ensured. Adalah highlighted that on the two previous selection committees, not a single Arab was appointed.

Adalah Attorneys Fady Khoury and Myssana Morany wrote in the letter that the principle of appropriate representation is derived from the principle of equality. The purpose of this principle, Adalah argued, “is to ensure the Palestinian Arab minority’s visibility in various aspects of public life, and the substantial representation of their relevant interests in order to facilitate a decision-making process that relies on all the relevant considerations.”

In addition, Adalah argued that strict adherence to the principle of representation is also needed due the status of the Arab public in Israel as a national minority group. Further Adalah contended that the Arab population in the country has a unique voice and a distinct worldview that combines to create a system of interest, in the broadest sense. This perspective is relevant and should be brought to the table, and it should be afforded weight in making a final decision. This distinction mandates a series of legal obligations on the state authorities, including the obligation to respect the Arabic language and to ensure appropriate representation.

The obligation imposed on the government to act for the appropriate representation for Arab society, Adalah stressed, is because the government is subject to the principles of public law. "Once the government has decided to issue its authority, which is activated after consulting with the search committee about recommending a suitable candidate to fulfil the role of the AG, the composition of the committee and how it works should reflect the principles of public law. Thus in this case, this relates to the principle concerning the prohibition of discrimination to guarantee substantive equality and the proper representation of the Arab population."