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17 August 2023 | View in browser
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In this newsletter, we highlight recent key legal actions undertaken by Adalah, as well as a dangerous court decision against the residents of Ras Jrabah.
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CHALLENGING THE "REASONABLENESS LAW"
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Members of the "anti-occupation block" demonstrate against the judicial overhauls during the weekly anti-government protest. Tel Aviv, 1 July 2023. Photo: Oren Ziv/ Activestills
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On 24 July 2023, the Israeli Knesset passed an amendment to the Basic Law: The Judiciary, which effectively precludes the courts from conducting judicial review of ministerial and governmental decisions. The law is part of the "judicial overhaul" planned by the current extreme right-wing government, which has sparked mass protests in Israel since the beginning of the year. Following the law’s passage, Adalah issued a position paper detailing its arguments as to why the new law – also known as “the reasonableness law” – is unconstitutional. Adalah argued that the law was legislated through an improper process, amounting to a misuse of legislative authority; it violates the principles of the rule of law, separation of powers, and the independence of the judiciary; it will severely infringe on individual and collective rights; and it is an abuse of authority that serves partisan politics and the interests of the governing coalition. Adalah sent its position on 1 August 2023 to the Attorney General and to legal advisers of the Knesset.
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Additionally, Adalah and 36 other human rights and civil society organizations joined a petition to the Supreme Court, led by the Association for Civil Rights in Israel, against the amendment. The petition focuses on the expected subsequent damage to the scope of the protection of human rights. The Supreme Court will hold a hearing on all petitions against the law before all 15 justices, the widest possible panel of the court, on 12 September 2023.
Extensive international media coverage: Hassan Jabareen, Adalah's General Director was interviewed by international media outlets on the judicial overhaul and its impact on Palestinians living in Israel and the OPT, including:
Hassan Jabareen, Adalah's General Director, discusses how Israel's judicial crisis may affect Palestinians
NPR, 26 JULY 2023
"Israel's Judicial Overhaul Explained"
Hassan Jabareen, Adalah's General Director, explains how Israel’s judicial overhaul impacts Palestinians living under Israel’s rule.
THIS IS PALESTINE PODCAST, 10 AUGUST 2023
"Arabs in Israel stay on sidelines of raging democracy battle"
Interview with Hassan Jabareen, Adalah's General Director.
REUTERS, 27 JULY 2023
"Is Israel being torn apart by law that weakens the Supreme Court? "
Interview with Hassan Jabareen, Adalah's General Director, and others (Starting at 04:15)
AL-JAZEERA ENGLISH, 25 JULY 2023 |
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WITHHOLDING FUNDS FROM ARAB LOCAL AUTHORITIES
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Arab mayors protest in front of the Israeli Prime Minister's office against the decision to withhold funds from Arab local authorities. Jerusalem, 9 August 2023. Photo: Arab 48
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The head of the far-right, extremist Religious Zionist party and the current Finance Minister, Smotrich, announced this month that he refuses to transfer the budgets previously approved for Arab local authorities, in accordance with a five-year plan of the previous government, Resolution 550.
Severe economic disparities exist between Palestinian and Jewish local authorities in Israel, which are rooted in historical, systemic discrimination, and the purpose of this resolution was to “reduce gaps between Arab society and the general population across various sectors”, including through economic development at the local level. The Resolution stipulates that NIS 200 million (approximately US $53 million) would be allocated annually to the Arab local authorities.
On 8 August 2023, Adalah sent a letter, on behalf of the National Committee of Arab Mayors, demanding that the Finance Ministry ensure the prompt transfer of the funds. Adalah argued that Smotrich’s decision is arbitrary, fails to address vital professional considerations, and has no factual basis. |
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ISRAELI COURT ORDERS THE EVACUATION OF 500 PEOPLE FROM RAS JRABAH
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The unrecognized Bedouin village of Ras Jrabah, with the city of Dimona in the back
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On 12 August 2023, the Regional Council for the Unrecognized Villages in the Naqab hosted a public event in the unrecognized Bedouin village of Ras Jarbah in solidarity with its residents, following a court decision to evacuate the village. Adalah’s Legal Director, Dr. Suhad Bishara, Advocate, and our Naqab Office Coordinator, Marwan Abu Frieh, spoke at the event about future legal actions and advocacy initiatives to protect the residents from forced displacement. Arab leaders, including Knesset members, also attended the event.
On 24 July 2023, the Be'er Sheva Magistrate's Court ordered the 500 residents of Ras Jrabah to evacuate the village by March 2024, and for the families to pay NIS 117,000 (approximately US $31,000) to cover legal expenses. Adalah is representing the residents in the eviction lawsuits filed against them by the state for the purpose of expanding the neighboring Jewish town of Dimona. Adalah will appeal to the District Court against the decision.
Adalah commented on the decision: "Israel's judicial system approves, time after time, the displacement of Palestinian citizens of Israel in favor of Jewish expansionism, thereby advancing Israel's colonial objectives. The forced displacement of Ras Jrabah's residents to expand the Jewish city of Dimona, which was built on the residents' lands, serves as clear evidence that Israel is committing the crime of apartheid against its Palestinian citizens, and urgent international intervention is necessary to halt it.”
The decision received widespread media coverage and interest from international human rights organizations and activists. In a statement issued following the court's decision, Amnesty International said that "this judgment underscores the need to dismantle Israel’s apartheid system, right now." Amnesty called on the international community to pressure Israel "to scrap these cruel plans, and end their policy of forcibly evicting Palestinians in the Negev/Naqab.” Omar Shakir, Israel and Palestine Director at Human Rights Watch, tweeted about the decision, sharing Adalah's position on the case.
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ADALAH’S 2022 ANNUAL REPORT
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Our 2022 Annual Report outlines Adalah's legal actions, international advocacy and media outreach work, as well as personal stories from our beneficiaries.
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Stand with Justice, Support Adalah
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