By Aluf Benn
and Moshe Reinfeld
Ha'aretz Newspaper, July 8, 2002
The government decided yesterday to
support a bill proposed by MK Haim Druckman (National Religious Party) that
would enable state land to be apportioned for Jewish use only. The government
decided to accept an appeal submitted by Education Minister Limor Livnat, who
asked to overturn a recommendation against Druckman's proposal that was
submitted by the Ministerial Committee on Legislation.
Druckman formulated his proposal in response to the High Court of Justice's
landmark decision in the Katzir case, holding that Israeli Arabs have rights to
live on a communal settlement located on state land. Druckman's proposal to
annul the thrust of the Katzir ruling empowers the Jewish Agency to allocate
land "in accordance with its goals," that is, to establish exclusively
Jewish communities.
Livnat claimed at yesterday's government meeting that Druckman's bill had been
drafted not to circumvent the High Court, but rather "to supplement
it."
A five-judge High Court panel reached the Katzir decision in March 2000, by a
four to one vote. The decision held that the state cannot discriminate between
Arabs and Jews in the distribution of land resources, even if the allocation is
done by the Jewish Agency, and not by the Israel Lands Administration.
The Court approved a request submitted by Adel and Iman Ka'adan, asking for the
right to purchase a plot and build a home in the Katzir communal settlement.
Katzir was established within the Green line in 1982 by the Jewish Agency - the
fact that the Agency explicitly deals with Jewish settlements in Eretz Israel,
and that Katzir's communal association only accepts Jewish members, stopped
Israeli Arabs from building in the community, even though its land belongs to
the state (via the Israel Lands Administration).
The Ka'adan family petitioned the High Court in 1995, in conjunction with the
Association for Civil Rights in Israel. The couple claimed that the Jewish
Agency's land policy was illegal, since it discriminates against Israeli Arabs.
The one dissenting judge in the Katzir ruling, Justice Yaacov Kedmi, agreed that
the state has no right to discriminate against Arabs on state lands; but Kedmi
found that the Jewish Agency, an institution formed to promote Jewish-Zionist
settlement in Israel, has the right to decide who can benefit from its
resources.
Enforcement of the Court's ruling in favor of the Ka'adans in the Katzir case
was bogged down by red tape; and ACRI last April petitioned the Court, asking it
to rule that the ILA was in contempt for not abiding by the anti-discrimination
ruling.
The government also approved yesterday the intifada compensation law, which is
designed to forestall compensation claims submitted by Palestinians for damages
sustained as a result of Israel Defense Force activity in the territories.
Minister Dan Meridor opposed the proposed intifada law.
After the government meeting, members of the Ministerial Legislation Committee
met and finalized formulations of the intifada law, prior to its submission to
the Knesset. The bill holds that "a person who numbers among the enemies of
the state, or is a resident of a region in conflict," cannot submit
compensation claims against Israel.