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Writers Articles And Opinions |
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7 February 2010 By Stephen
Lendman
Founded in 1972, the Association
for Civil Rights in Israel (ACRI) is its leading human
and civil rights organization through activities
involving litigation, legal advocacy, education, and
public outreach. Each year it publishes an annual
report covering flagrant violations, positive trends,
if any, and "significant human rights-related
processes" affecting Israelis and Palestinians.
Its latest December 2009 one is
examined below, discussing "a disturbing
(government-sponsored) trend that has (gained)
currency in Israel over the past year - both in public
discourse and sometimes in practice - to make human
rights conditional: on fulfilling some obligation,
having financial means, or belonging (or not
belonging) to certain groups."
For example, free expression is
targeted, and Israeli Arabs threatened, denied
equality, education, employment, and their
citizenship without "declaring loyalty" to Israel - in
other words, on condition they abandon their national
identity, culture, language, and historic heritage
that's the equivalent of asking Jews to renounce
Judaism.
Financial means involves
regarding social rights, including healthcare and
education, as commodities, accessible to those who can
pay. And for Occupied Palestinians, Gaza was
devastated by war, remains under siege, and sustains
near daily assaults, killings, and targeted
assassinations.
In the West Bank, security forces
enforce land seizures, home demolitions, displacement,
segregation, isolation, closures, movement and travel
restrictions, the Separation Wall's construction,
daily home invasions, arrests, attacks on peaceful
protestors, imprisonments, and torture of detainees
under a rigid "matrix of control" involving
checkpoints, bypass roads, roadblocks, curfews,
electric fences, and various other harassments to cow
all Palestinians into submission or make them give up
and leave.
Since 1948, Israel denied its
Arab citizens fundamental human and civil rights and
increasingly fewer of them to many Jews. In the
Territories, it's far worse under military occupation
and Israeli laws affording no protections to
Palestinians. Nor has the Supreme Court upheld the law
that should be sacrosanct in a legitimate democracy.
When it's compromised, no one is immune from abuse and
neglect as greater numbers in Israel are learning,
including Jews.
Threatening
Free Expression
Losing it threatens all other
freedoms. It's a basic legal right even Israel's
Supreme Court recognizes, but not absolutely having
repeatedly ruled that curtailing it is justified in
extreme public danger situations or if national
security may be undermined.
However, the "true test of
freedom of expression lies in allowing the airing of
views that are extreme, controversial, or
infuriating." It's the state's obligation to protect
them, especially in times of crisis, including war.
But during Operation Cast Lead, Israel failed the
test.
Protest demonstrations were
attacked, dispersed, and silenced. Participants were
arrested, then intimidated by dubious charges. Against
Israeli Arabs, excessive force and preemptive
detentions were used, then bogus indictments made
based on charges of "participating in unlawful
gatherings."
Legally, authorities overstepped
so egregiously that harsher measures may follow, and
against Palestinians they're commonplace, including
targeted killings and torture.
Israel also restricted the
foreign media, prohibiting on the scene access to
report accurately on the conflict. For their part, the
Israeli media largely supported the government.
Overall, war coverage restrictions caused Israel's
journalistic freedom rating to drop sharply as
measured by international human rights organizations.
Dissent was minimally tolerated, and repressing it
continued post-war. "Not only were critics silenced,
they were accused and vilified, and their critiques
unaddressed."
During 2009, anti-democratic
Knesset bills also limited free expression, including
the Nakba Law threatening individuals with
imprisonment for mourning on Israel's Independence
Day. Organizations risked loss of their public funding
for doing it.
The Incitement Law threatens
prison for anyone denying Israel's existence as a
Jewish, democratic state, and the proposed Loyalty to
Israel Law rescinds Israeli citizenship for anyone
unwilling to pledge loyalty to the state.
These mostly target Arab Israelis
and get strong government backing. Also introduced was
a bill almost completely banning demonstrations
adjacent to the homes of public officials and service
providers, or others responsible for public welfare.
After passing its first Knesset reading, the Internal
Affairs Committee asked for revisions.
Harassing Human
Rights Organizations and Activists
In 1998, the UN General Assembly
adopted the "Declaration on the Right and
Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms." It obligates
all state parties to respect them and protect
organizations and activists from violence, threats,
retaliatory action and any discrimination connected to
their work.
Israel is a signatory, but
systematically violates the letter and spirit it
expresses. Over the past two years and earlier,
anti-democratic and free expression constraints have
increased. Targeted senior political figures sought to
undermined the legitimacy of their critics lawlessly.
For example, when the discharged
combat veterans organization, Breaking the Silence,
published a pamphlet critical of Operation Cast Lead,
government response was harsh. Instead of
investigating eyewitness war crimes testimonies,
officials vilified the group to undermine its
credibility, and the Foreign Ministry asked the
Netherlands, Britain, and Spain to half their
funding.
After the July Physicians for
Human Rights (PHR) report about physicians'
involvement in torture, Israeli Medical Association (IMA)
chairman Dr. Yoram Blachar asked its members to sever
ties with PHR-Israel.
The Prevention of Inflation Law
passed its first Knesset reading in May 2008 - "in
brazen violation of the basic precepts of providing
protection and care to asylum seekers." One of its
provisions includes long prison terms for convicted
"infiltrators" and human rights activists helping
them.
Harassing Human
Rights Activists in the Occupied Territories
Harassment and other measures
there are far worse than in Israel, including violence
committed by security forces and settlers. IDF actions
include:
-- declaring West Bank areas
closed military zones to deny activists access to
them;
-- arresting, detaining,
indicting, convicting, and imprisoning activists as a
deterrent; and
-- dispersing demonstrations with
excessive force, using rubber-coated metal bullets, at
times live rounds, stun grenades, tear gas, and other
repressive measures against peaceful protesters
Discriminating
Against Israeli Arabs
The Israeli government appointed
the Or Commission to investigate early violence at the
beginning of the second Intifada in which police
killed 12 Israeli Arabs and one Palestinian. It
recommended that the state "act to erase the stain of
discrimination against Arab citizens in all its
various forms and expression," but thereafter they
worsened in even more severe forms.
Israeli Arabs enjoy no rights in
a state affording them only to Jews. Worse still,
they're portrayed as enemies, and in the past year,
proposed racist laws threaten their free expression,
political participation, language, culture, historic
heritage, and all their rights unless they swear
loyalty to the Jewish state and Zionist vision.
The Proposed
Nakba Law
Public outrage over its original
version got it revised to exclude imprisonment, but
included is a clause withdrawing public funding from
any state-supported body holding activities
commemorating the Nakba in any way. It's now removed
from Arab school curricula, and banning it denies Arab
Israelis their collective identity, memory, and free
expression right to their opinions, especially one
this important.
Removal of Arab
Place Names from Road Signs
In July, Minister of
Transportation Yisrael Katz ordered Arab road signs
replaced with Arabic transliterations of Hebrew names,
but doing so violates the Supreme Court's recognition
of Arabic as an official language in Israel.
Conditioning
Rights on Military Service
In August, Foreign Minister
Avigdor Lieberman said the Ministry's diplomatic
training will be conditional on completing military or
national service henceforth. As a result, the Israeli
Railways fired 40 Arab train junction crossing guards
when a condition was added to the vacancy announcement
requiring all employees to have performed IDF service.
Conditional
Citizenship
If passed, the proposed Loyalty
to Israel Law will make Israeli citizenship
conditional on signing a loyalty oath to "the Jewish,
Zionist, and democratic State of Israel, its symbols
and values." It will also obligate all citizens to
perform military or other national service, and will
authorize the Interior Minister to revoke the
citizenship of anyone refusing to sign. In late May,
the Ministerial Committee for Legislative Affairs
rejected the bill.
Globally, citizenship is a basic
right, but not in Israel where it's conditional,
especially for Arabs. For example, in May, Interior
Minister Eli Yishai ordered the citizenship of four
Arabs revoked because they were suspected of harming
state security. Doing so tells Israeli Arabs that
their citizenship is conditional, not guaranteed, and
can be revoked for any reason if state authorities
wish.
Violating the
Right to Housing
At issue again is making it
conditional on swearing loyalty to Israel to keep
Arabs out of Jewish communities. In addition, a June
agreement between the state and Jewish National Fund (JNF)
authorizes the transfer of some privately (central
region) owned land to the state in exchange for
undeveloped Negev and Galilee substitute areas. The
idea again is discrimination, treating Jews one way
and Arabs another by seizing their land for Jews only
development.
Violating Free
Expression and Political Involvement
It primarily affects Arabs, one
example being in towns and villages where they
protested against the Gaza war. They were met with
harassment, violence, and mass arrests, unlike the
guidelines for Jews. Also, preemptive arrests were
made, targeting Arab activists and public figures on
suspicion they might protest the war.
These are police state tactics,
reflected in all ways Israeli Arabs and Palestinians
are treated. They portray a troubling picture
portending worse ahead to deny non-Jews equal rights
and strike hard when they peacefully protest. And yet
the Orr Commission stressed that:
"It is imperative that we act to
uproot manifestations of prejudice against the Arab
sector that were demonstrated even by the most
respected senior police officers. The police must
impress upon its officers the idea that the Arab
public as a whole is not their enemy, and must not be
treated as such."
They are, worse than in October
2000, proving Israeli Arabs aren't respected or safe
under Jewish rule, let alone given equal rights.
Racist Views
By considering Arabs enemies and
unwanted, mistreating, excluding, and discriminating
against them is sanctioned, and Jews support it.
According to the Israel Democracy Institute's 2009
Democracy Index:
-- 53% of Jews support Arab
emigration from Israel;
-- 54% of Jews and Arabs agree
that only citizens loyal to the state deserve civil
rights;
-- 38% of Jews believe Jews
deserve more rights than others; and
-- only 33% of native Jews and
23% of new immigrants want Arab parties in the
government, even though their members are Israeli
citizens.
Overall, the survey authors say
the data indicate broad support for revoking Arab
political rights, ones only to be afforded Jews as
more evidence that a democratic Israel is more
illusion than fact.
Bedouin Rights
Tens of thousands live in
so-called unrecognized villages, some pre-dating
Israel's founding. Yet Israel won't recognize them,
excludes them from regional and municipal planning,
denies them basic services, calls Bedouin settlements
illegal, and forcibly expels their residents from land
they own.
Those remaining are given two
choices - live under appalling conditions or
voluntarily move to one of seven recognized townships
or rural villages, live in poverty and unemployment,
and relinquish all rights to their land, heritage, and
traditional lifestyle.
Yet in December 2008, the
Commission for the Resolution of Arab Settlement in
the Negev, chaired by retired Supreme Court Justice
Eliezer Goldberg (the Goldberg Commission), issued
some unprecedented statements. It called Israel's
policies against Bedouin citizens inappropriate,
saying they're recognized residents, not
"trespassers," and the state should legalize their
status and allow them to build on their land.
Nonetheless, the report didn't
unequivocally say how, and presented impediments that
could indefinitely delay or even halt village
recognition. Also, it didn't clearly recommend
guidelines to assure basic services and essential
infrastructure to spur economic development. As a
result, Bedouin rights are still denied, and they
continue being uprooted from their land.
Criminal
Justice Rights
In 2006, a Supreme Court ruling
bolstered the right to legal representation by
affording persons suspected of a serious crime the
right to have all interrogations videotaped, in cases
involving a possible sentence of 15 or more years.
Otherwise, forced confessions can be extracted through
torture or other harsh means.
Nonetheless, due process is
ignored if individuals are suspected of a security
offense. In these cases, they may be detained and
interrogated for several days in isolation, with no
access to counsel, their family, or a judge. After
arrest, oversight can last up to 96 hours. Afterwards,
meeting with a lawyer can be delayed another three
weeks and video documentation isn't required, so the
most abusive practices can be employed out of sight
and unreported, yet confessions gotten this way can
convict.
In Occupied Palestine, it's far
worse for any offense. Suspects can be held for eight
days before being brought before a military judge, not
a civil one. In addition, draconian regulations
prevent contact with a lawyer, and authorities aren't
obligated to document interrogations.
According to the 2002
Incarceration of Unlawful Combatants Law, suspects can
be held up to 14 days with no judicial oversight and
prevented from attorney contact for up to three weeks
during which he or she can, and most often is,
brutalized under the most horrific conditions.
B'Tselem reported that 85% of Palestinian detainees
are tortured, a longstanding practice, unconstrained
and unreported.
Hatred and
Racism
In mid-2008, the Oz unit replaced
the Immigration Police and began intensifying
residency law enforcement against asylum-seekers and
migrant workers invited to work as nurses, in
agriculture, and for construction. Now they're accused
of causing unemployment and dehumanized by being
called "burglars, junkies, and street people."
As a result, human rights
activists and others expressed outrage, and so didn't
some cabinet and Knesset members. In July, it forced
Prime Minister Netanyahu to announce a three month
expulsion suspension to provide time to devise a more
equitable policy, so far not done for either refugees,
migrant workers or asylum seekers.
In addition, in the past year,
they've been targeted, called "foreigners," racially
slurred, made to feel unwelcome, and sometimes harmed
by violence and killings. Subsets of Israeli society
are also affected, including Arabs, ethnic Ethiopians,
Russians, gays and lesbians, and even ultra-Orthodox
Jews.
Rights of the
Elderly
They're one of Israel's fastest
growing groups, the result of a falling birth rate and
increased life expectancy. Yet the collapse of the
Pensioners Party in the last parliamentary election
reduced their status to an excluded and deprived
population. As a result, many suffer from ageism,
exclusion, discrimination and poverty. In fact, elder
Israeli poverty ranks among the highest in western
countries.
Pensions are no longer linked to
the average wage, but to the Consumer Price Index, so
their future value will likely drop. In addition,
long-term care issues are deteriorating because to
qualify, elders and their adult children must pass a
means test. Chronic care facilities are getting less
funding, and growing numbers of institutions can't
maintain minimal medical standards, or must reduce
staff and the care they afford.
In employment, the 2004
Retirement Age Law lets employers ousts workers who
reach retirement age, regardless of their skills,
desire, or need to stay employed. Unlike other western
countries, Israel fires on the basis of age.
The 1988 Equal Opportunity in
Employment Law, prohibiting discrimination age bias,
is now weak and not enforced. In 2007, the Supreme
Court ruled that for persons past their retirement
age, the state can deny them jobs in preference to
younger workers - saying this doesn't constitute age
discrimination.
Even persons as young as 50 are
affected as employers illegally get away with
discriminating against them on the basis of age.
Chronic care insurance is another
issue. The 1995 National Insurance Law assured it, but
economic pressures weakened it and social benefits
overall as Israel succumbed to the same neoliberal
pressures afflicting all western countries, some more
than others, but all heading in the same direction.
The result is society's most vulnerable are greatly
impacted, including seniors. In Israel, elders are
increasingly viewed as dependent, weak, less wanted,
and burdensome. The result is less care and more
impoverishment when they most need help.
The Right to
Education
Private schools have long existed
in Israel, but now they're proliferating at the
expense of public ones. The term "private" refers to
ones not under state auspice or regional councils,
including those in the Amal or ORT network, kibbutz
schools, Arab schools run by the Church, and Haredi
(ultra-Orthodox) schools.
Now private secular ones have
appeared with specific educational agendas or
philosophies, and others noted for their small class
size, high-quality teachers, or particular distinction
making them desirable to some Israelis.
Private or not, they're all part
of the "recognized but unofficial" education system
and get 75% of the funding given official state
schools. In May 2007, an amendment to the State
Education Law passed requiring regional councils to
provide comparable funding.
"The entire subject of
'recognized but unofficial' schools is a complex one
that raises profound questions about the right of
parents to make decisions about their children's
education, equality in education, the legitimacy of
State intervention (in deciding content) and the
character of a given school (by setting conditions for
public funding), and more."
Violating the
Right to Equality in Education
Admissions policies restrict
entry to recognized but unofficial schools to
relatively few students. Criteria include entrance
exams, admission committee decisions, and more.
Discrimination thus exists, favoring some over others
despite Ministry of Education directives prohibiting
them.
Because these schools are heavily
subsidized, the entire public must have access without
discrimination, but they don't. High tuition charges
create another barrier, leaving out most Israeli
children because of affordability.
Public schools are also affected.
For example, parents prefer schools offering targeted
curricula - such as the Nature School and School for
the Arts, both in Tel Aviv. Despite the prohibition,
both require entrance exams and charge high tuitions.
Although some specialized schools
offer financial aid to needy families, few, in fact,
are helped, even for "specialized track" public
schools that also charge additional tuition and
require a personal interview to determine child
eligibility for a special program. The result is a
two-track system - one for well-off families, the
other for those with limited means, unable to provide
their children with the best.
Decline of
Public Schools
They've declined as recognized
but unofficial schools have grown in popularity. As a
result, compared to OECD countries, class sizes are
larger, teacher salaries lower, and student
achievement mediocre. It's no surprise that 61% of
parents polled prefer private to public education.
They're publicly funded, have better teachers, and
attract children from more affluent families.
In contrast, public education is
deteriorating, and the more it does, the greater the
incentive for parents to prefer private ones - if they
can afford them.
Recently, Education Minister
Gideon Sa'ar said he'll introduce legislation to
broaden the ministry's discretionary powers "to weigh
whether or not to grant recognition to an institution
based on educational and financial considerations,"
including if doing so would adversely affect public
schools. It's a positive step, but much more is
needed, so far not gotten to reverse a discriminatory
trend showing no signs of being stopped.
The Right to
Housing
The August 2004 Israel Lands
Administration (ILA) decision #1015 created admissions
committees to agricultural communities and small
communal settlements. They consider applications from
candidates wanting land to settle there, and recommend
whether or not to permit them, using dubious criteria
based on "social compatibility" standards, heavily
discriminating against minority or other unwanted
groups.
"These are up-scale, rural, or
private home developments built on what was once
kibbutz and moshav fields, not the property of the
State and offering a high standard of living at an
affordable price," based on a discriminatory selection
process.
Sectoral
Marketing and Acquisition Groups
Discrimination also affects
apartments letting private developers market them to
specific groups of their choosing, thus screening in
"quality neighbors" as a selling point to attract
others like them. It results in closed communities
leading to social gaps as wealthier neighborhoods get
the best public services, while others deteriorate.
The Right to
Social Security
In 2009, the global economic
crisis impacted Israel hard, especially jobs with a
sharp rise in unemployment, and those without them
discovered that since 2000, social safety net
protections have deteriorated.
In addition, unemployment
insurance has eroded to one of the lowest among
western countries, and eligibility became more
stringent. As a result, those qualifying have
decreased by about 50%. In 2007, less than one-fourth
of Israel's unemployed were entitled to monthly
stipends. Those without them struggle for any means of
support, making them vulnerable to exploitation.
"The drastic cut to
income-support and unemployment insurance has been one
element in Israel's high ranking in the (OECD's)
Inequality Index."
The Wisconsin
Plan
In summer 2005, it began as an
experimental pilot project administered by private
companies with the goal of reintegrating
income-support recipients into the workforce. However,
its primary focus was to reduce the number of people
on income-support roles, so widespread criticism
resulted.
Private companies have a conflict
of interest for being compensated by the number they
remove. They also don't invest sufficiently in
services to encourage employment, such as retraining,
on-site childcare, and programs to complete academic
degrees.
Rather than help the unemployed,
they try to "re-educate" them with sanctions to force
them to cope in the current adverse job market
"through means that weaken their ability to stand up
for their rights." Participants thus feel degraded and
helpless, with no government measures to stop this.
The Right to
Health Care
The 1994 National Health
Insurance Law was enacted to provide all Israelis with
universal healthcare coverage. That was then. This is
now under budget cutting pressure and privatization,
leaving workers and the most vulnerable isolated and
helpless.
The public health system most
rely on has deteriorated greatly in quality, forcing
recipients to pay more and get less. The result is two
parallel unequal, systems - high quality for the
well-off and less of it for all others, with gaps
between them measured by statistical health indicators
across regions, socioeconomic levels, and ethnic
groups.
Several features in particular
stand out, showing how Israeli health care shifted
from a right to a commodity based on the ability to
pay, as well as a new proposal to establish another
healthcare fund as a profit-making enterprise.
Dental care isn't covered at all,
forcing many families to forego it. However, in May
2009, the Health Ministry announced that it would
assume funding of basic preventive dental care for
every school child, thus assuring it regardless of
financial means, and funding it from the allocation
for new medicines. It's a small step in the right
direction, but the broader one looks bleak.
Co-payments
The 1998 Economic Arrangements
Law let the national health funds increase co-payment
amounts for medical services and drugs as well as
additional fees. Ever since, they've been rising, and
according to the Central Bureau of Statistics, 32% of
2008 national health expenditures was funded by direct
payments, including dental care.
The result is greater numbers of
Israelis foregoing care because they can't afford it.
The Israeli Medical Association believes co-pays
should be abolished for some services, mainly
preventive care, and proposes other ways "to achieve
the appropriate balance between ensuring medical care
for all and efficiency in the system."
Supplementary
Insurance
They fill gaps uncovered in the
standard health basket for those who can afford it.
About 24% of the population doesn't have it. Of these,
52% declined because of cost. In addition, 32% of
those in poor health have none, including the elderly
impacted by higher premiums with age. Not only does
supplementary insurance not provide solutions for
everyone, it's actually "widening the gap between
lower and middle classes, and expediting the process
that is turning health care from a right into a
commodity."
Two trends have thus emerged:
-- an ongoing decline in services
and drugs provided by the state, and the increase in
what individuals receive based on their ability to
pay; and
-- the promotion of supplementary
insurance to well-off people, leaving the rest
disempowered and left out.
Instead of fixing the system,
policy makes it worse by catering to the needs of
people who can afford them, not the rest.
The Fifth
Health Fund
It's another symptom of
commoditization, contradicting the National Health
Insurance Law defining national health funds as public
bodies and declaring new funds must be non-profit.
However, spending cut priorities pressured national
health funds to privatize, and got the idea included
in the 2009-2010 Economic Arrangements Law, so far not
voted on in the Knesset, but may be to enhance
competition and efficiency. Instead of solving public
healthcare problems, it will further undermine social
solidarity and deepen the existing inequality, the
very direction Israel is heading.
Rights in the
Occupied Territories
Israel's preemptive,
indiscriminate, Operation Cast Lead attack against
Gazan civilians took a devastating toll, compounding
the existing humanitarian crisis with the Territory
under siege. Of course, medical services were greatly
impacted, including willful attacks against hospitals,
other health facilities, ambulances, and providers. In
addition, Gaza's entire infrastructure was savaged,
affecting electricity, water and sewage facilities
already severely compromised.
Israel committed wanton crimes of
war and against humanity continuing to this day,
causing incalculable human suffering further impacted
by closure and isolation. Post-conflict, Israel
obstructed and vilified independent investigations,
then denied serious charges in their aftermath,
including by their own combat veterans based on their
personal experiences they went public on to reveal.
A year later, nothing is
resolved. Gaza remains under siege. Sub-minimal
amounts of basic goods are allowed in, including
construction materials, essential equipment, raw
materials, and spare part necessary to function and
rebuild. Tens of thousands have no shelter, relying on
temporary facilities, crowded quarters with relatives,
or tents that aren't suitable in Gaza's winter. Israel
violates every obligation imaginable to protect
civilians under international humanitarian law, and
attacking them indiscriminately is a grievous war
crime.
West Bank
Discrimination and Segregation
Around a half million West Bank
settlers have created a "regime of separation and
institutionalized discrimination, voiding the
principle of 'equality before the law' of all
(meaning). Within the same teritorial boundaries and
under the same regime, two populations live
side-by-side, (separated and unequal), with entirely
(different) infrastructure and bound by two (judicial)
systems" that are entirely dissimilar.
Jews have full rights,
Palestinians none under oppressive military
occupation. Inequality is pervasive in all respects,
with Palestinians forced into shrinking cantons
surrounded and isolated by settlements, expanding by
expropriating their land and making conditions for
them untenable, "in absolute contravention of the
principles of international law" assuring the rights
of protected people under occupation.
Separate Roads
In October 2009, the Supreme
Court ruled that closing the main road connecting Beit
Awa and Dura in the western Hebron Hills, affecting
tens of thousands of Palestinians, was
disproportionate. But it failed to address the greater
issue - that separate roads for Jews only are
illegitimate, illegal, and must cease.
Citing disproportionality only,
the Court avoided the core issue of segregation and
discrimination favoring Jews over Arabs, leaving the
impression of its support.
Separate roads are only one
example of how Israel restricts West Bank free
movement for about 2.5 million Palestinians, keeps
another 1.5 million under siege in Gaza, and gets away
with it.
Criminal
Injustice - Separate and Unequal Systems
West Bank settlers are governed
by civil law, protecting the rights of the accused,
"anchored in Israeli legislation and legal
precedents." In contrast, Palestinians live under
military law that's far more repressive in military
courts under IDF officers, affording no judicial
fairness.
One example is different periods
of detention for Jews and Arabs. Under military rule,
it's harsh, excessive, and inconsistent with the
obligation to respects basic rights under
international law, including for suspects not charged.
Instead, administrative detentions are ordered during
which interrogations include torture and other abusive
treatment.
Some differences for Jews and
Arabs include:
-- preliminary detainment until
judicial review - 24 hours for Jews most often; eight
days for Palestinians;
-- maximum detainment for
interrogation, prior to remand request - 15 days for
Jews; 20 for security crimes; 30 days for
Palestinians;
-- total detainment for
investigative purposes - 30 days for Jews; 35 for
security crimes, and only the Supreme Court can
authorize extensions; 98 days for Palestinians with
additional three month extensions; and
-- arrest until the end of legal
proceedings and before a verdict - 9 months for Jews
with only Supreme Court ordered extensions; two years
for Palestinians, with renewable six month
extensions.
Moreover, youths are treated no
differently, with those as young as 16 considered
adults. For Jews, it's 18.
For Palestinians, prison
sentences are the norm. They may be long or indefinite
whatever the charged offense, with or without cause,
and are often based on secret evidence unavailable to
counsel. Convicted or administratively detained minors
are then incarcerated with adults.
Access to
Resources
West Bank Palestinians endure
water shortages, an irregular supply, and poor
quality, especially in summer and arid years. As a
result, health is adversely impacted as are farmers
needing water for agriculture and their livestock.
According to the WHO, the minimal
daily human water needs (for home, municipal and
industrial use) is 100 liters per person. Palestinians
get about 66 liters despite enough West Bank water for
everyone. The problem is who get it and for what, with
Jews afforded disproportionate amounts at the expense
of Palestinian needs.
One-third of Palestinian
communities, comprising 10% of its West Bank
population, aren't connected to the water system, so
must collect rainwater in cisterns near their homes
for all their needs. Even so, the Civil Administration
often destroys them, even in particularly arid areas,
forcing residents to rely on well groundwater,
supplemented by expensive water from private
suppliers. For many families, it's too great a burden
because of widespread poverty.
Even communities connected to the
main water system receive limited and irregular
supplies, well below their needs, and in summer
conditions may be acute with water available only once
every few days and only for a few hours. Again, other
sources must compensate.
Right to
Personal Security - Discrimination in Law Enforcement
Israeli security forces protect
Jews well, employing diverse measures for their
safety. For Palestinians, it's another matter,
including not preventing settler violence that harm
their livelihoods, property and lives. Incidents
include violent assaults, harassment, trespassing,
land theft, and property destruction, yet security
forces do nothing to stop them, nor are settlers
prosecuted for their crimes.
At times, attacks are known about
in advance, yet hardly ever stopped. As a rule, IDF
soldiers and commanders don't enforce the law against
Jews. Their only obligation is to protect them and
intervene when Palestinians defend themselves.
Police, in fact, typically don't
use their authority against Jewish criminal suspects.
Nor do they consider Palestinian complaints seriously
or investigate properly when they're lodged. Cases
most often are closed due to "unknown perpetrators" or
insufficient evidence to prosecute.
Undermining
Democratic Foundations - Legislative Initiatives
In recent years, numerous laws
and amendments have been improper, including ones
affecting civil liberties like free expression and the
right to protest peacefully. Examples include:
-- the Biometric Database Law: in
2009, a bill advanced to create a biometric database
to store fingerprints and facial features of all
Israeli citizens and residents - a measure no other
democratic country has and one that will give
government officials police state power, to use
abusively, especially against Israeli Arabs;
-- The Economic Arrangements Law:
it's a legal travesty giving the executive branch
power to make radical changes in Israel's
socioeconomic policies, with no checks and balances,
in violation of basic human, civil and social rights;
even worse, since enactment, new provisions have been
added without debate or proper consideration; critics
call it a "legislative monster" with good reason;
-- Expanding the Wisconsin Plan
nationally without public debate: as a pilot project
in four Israeli regions, it reduces the number of
people getting income support, and forces them into
low-paying jobs instead of better ones they once held;
and
-- Land Reform - Land Grab: the
proposal involves privatizing land, the composition of
the council to administer it, and procedures for
planning and building - all having social,
environmental, and financial impact; even so, the
reform "was bulldozed through the Knesset in a
problematic legislative process."
Contempt of
Court - Ignoring Supreme Court Rulings
Proposed laws are undermining the
Court by allowing the circumventing of its decisions,
violating human rights in the process. For example, a
proposed amendment will prevent Palestinians from
submitting compensation claims against the state for
IDF-committed injury to their person or property
during non-wartime activity. In December 2006, the
High Court rejected a similar amendment.
Of concern also is the trend over
the past two years of governments disregarding High
Court of Justice and Administrative Court rulings.
Doing so is police state tyranny, not democratic rule
now fading even for Jews.
For example:
-- "binding arrangements" of
migrant workers to their original employers - earlier,
the High Court ruled them illegal and instructed the
state to make new employment arrangements within six
months for workers employed in nursing, agriculture
and industry; it wasn't done so "binding arrangemens"
are unchanged;
-- national priority areas - in
February 2006, an expanded seven justice Supreme Court
panel ruled that assigning this status to certain
regions for the allocation of educational resources
was illegal and discriminatory against Israeli Arabs
and ordered change in 12 months; as of November 2009,
it hasn't been implemented;
-- dismantling sections of the
Separation Wall - several times, the High Court
ordered its route changed because it illegally and
disproportionately violated the basic rights of
Palestinian residents; most often the state treated
Court rulings as "recommendations only," ignoring
them;
-- fortification of Sderot
schools - in May 2007, the Court ordered it for Sderot
and western Negev communities near Gaza; delays and
extensions followed;
-- East Jerusalem classroom
shortages - several times the Court ordered the
Ministry of Education and Jerusalem Municipality to
build hundreds of additional classrooms for
Palestinian children; so far, compliance has been
minimal, and no serious effort has been made to
alleviate a critical shortage; and
-- Interior Ministry disregard
for the Administrative Court rulings - these courts
are the main venue for adjudicating entry and
immigration to Israel; yet the Interior Ministry
doesn't abide by its rulings or change its policies
when ordered.
Final Comments
Israel is in crisis mode - in all
respects for Israeli Arabs and occupied Palestinians,
and increasingly for Jews having their human, civil,
and social rights compromised and eroded.
Israeli democracy is flawed and
illusory. Its denied entirely to non-Jews, afforded
solely to privileged ones, governing how America does
for the rich at the expense most others. It mocks the
rule of law, and is heading the country for police
state-imposed dystopia if the present trend continues.
That should concern Jews and Arabs alike to want it
stopped, and ally in common cause to do it.
Imagine a different kind of
Israel, free and democratic, treating all its people
equitably. Imagine the same kind of America, not the
broken society now in place. Imagine if enough people
in both countries stopped imagining and became
activist. That's how change always comes, from the
grassroots by committed people not quitting until they
get it. What worked before can work again, and it
better before conditions become so bad it won't
matter.
Stephen Lendman is a Research
Associate of the Centre for Research on Globalization.
He lives in Chicago and can be reached at
lendmanstephen@sbcglobal.net. Also visit his blog
site at sjlendman.blogspot.com and listen to the
Lendman News Hour on RepublicBroadcasting.org Monday -
Friday at 10AM US Central time for cutting-edge
discussions with distinguished guests on world and
national issues. All programs are archived for easy
listening. http://republicbroadcasting.org/Lendman
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