Adalah to AG: Order Education Ministry to Cancel Discriminatory Regulations Against Arab Workers

On 23 March 2005, Adalah sent a letter to the Attorney General (AG) requesting the cancellation of regulations issued by the Ministry of Education's (MoE) Jerusalem district security officer which discriminate against Palestinian citizens of Israel, hired for contractual or maintenance work in any educational institution.

These regulations, entitled “The Employment of Minorities in Maintenance Work and in Contractual Work in Educational Institutions,” prohibit the hiring of Arabs from the Occupied Palestinian Territories for contractual and maintenance work in Jewish educational institutions and stipulate conditions for the hiring of Palestinian citizens of Israel. The regulations stipulate, inter alia, that: (i) Checks of every Arab who is hired in an educational institution must be made to ensure that he/she has no criminal record. Every potential employee must also present signed statements from the police confirming that he/she has not committed any sexual offenses; (ii) Arab employees of a contractor must be supervised by a Jewish foreman; (iii) It is forbidden to give a key to any gates or doors of the educational institution to Arab contractual and maintenance workers; and (iv) Every contractor of Arab workers must employ and post armed Jewish security guards in addition to the school's guard.

Adalah Attorney Morad El-Sana argued in the letter that these regulations discriminate against Palestinian citizens of Israel on the basis of nationality, and thereby violate the right to dignity. Adalah also argued that the regulations cause severe damage, as they identify Arab citizens - as a group - as potential criminals simply because of their national belonging. The regulations contradict the fundamental principles of law, human dignity and equality, and are therefore illegal.

As such, Adalah asked the AG to order the MoE to cancel these regulations, to make a commitment that it will not discriminate on any basis against citizens, and to publish a formal apology.