Adalah Submits Motion for Contempt to the Supreme Court; Planning Authorities Failed to Submit Plan for Unrecognized Neighborhood of Al-Jelasi In Violation of Court Order

 

On 29 May 2005, Adalah submitted a motion for contempt of court, on behalf of inhabitants of Al-Jelasi neighborhood in Kammaneh, to the Supreme Court of Israel, against the Misgav Regional Council, the Local Planning and Building Committee of Misgav, the Northern District Planning and Building Committee, the National Council for Planning and Building, and the Interior Ministry. The motion was filed as the respondents failed to comply with the Supreme Court's decision in H.C. 7960/99, Hashem Sawa'ed, et. al. v. Misgav Regional Council, et. al.

The Arab village of Kammaneh is situated on Mt. Kamoun in the western Galilee. The neighborhood of Al-Jelasi is located in the north-eastern side of the village, and currently houses some 150 residents. Following a governmental decision to grant formal recognition to the village of Kammaneh in 1995, two master plans (Tamam 14/2 – Kammaneh and Local Master Plan T/9378 – Kammaneh) were prepared for the village. However, the neighborhood of Al-Jelasi was not included within the boundaries drawn up by these master plans.

In the original petition, submitted by Adalah in November 1999, the inhabitants of Al-Jelasi argued that the exclusion of their neighborhood from the boundaries of the master plans severely violated their rights to equality and dignity, as well as their rights to property and housing.

The Supreme Court accepted the petition, and in its decision of 5 September 2001 ordered the District Planning Committee to submit an expansion plan for the master plans within 18 months. In addition, in order to prevent the further deterioration of the neighborhood, the Court forbade the demolition of homes and other buildings constructed in the neighborhood prior to the issuance of the original master plans.

Although some four years have passed since the Court's decision was delivered, the planning authorities have failed to fulfill their obligations, neither submitting nor approving any plan to include Al-Jelasi neighborhood within the boundaries of Kammaneh village.

In the motion for contempt, submitted by Adalah Attorney Suhad Bishara, Al-Jelasi residents argued that the different decisions taken in the planning committee meetings indicate that the planning committees are dragging the process out intentionally. In addition to failing to implement their own decisions, these committees are disregarding the Court's decision and have proven themselves unwilling to find a proper solution for Al-Jelasi neighborhood, as the Court's decision obliges them.

Additionally, the neighborhood's inhabitants argued that the non-fulfillment of the Court's decision continues a severe violation of their rights to dignity, property and adequate housing, since the failure to formalize the status of the neighborhood prevents the neighborhood's inhabitants from being provided with infrastructure, basic services, or adequate living conditions, and therefore from developing their neighborhood.