Adalah: Israel Land Administration Decision Prohibiting Sale of Land or Transfer of Land Rights to “Foreigners” Discriminates against Arab Citizens on the Basis of their National Belonging
On 17 March 2008, Adalah sent a letter to the Director of the Israel Land Administration (ILA) and the Attorney General (AG) demanding the cancellation of a decision approved approximately a year ago by the ILA Council, which prohibits the bequeathing or donation of land administered by the ILA to “foreigners”, except with the endorsement of the ILA Council.
“Foreigners” are defined in the decision as anyone who is not a citizen or a resident of the state, or an oleh (lit. “A person who ascends”, i.e. a new Jewish immigrant) according to the Law of Return (1950), or someone who is entitled to an oleh’s certificate according to the Law of Return who has temporary residency. In the letter, Adalah Attorney Suhad Bishara argued that the decision is dangerous as it discriminates against Arab citizens of Israel on the basis of their national belonging, contradicts the principle of equality and gravely violates the right to property. The practical result of the decision is that Arab citizens of Israel are unable to bequeath their rights to own land that is administered by the ILA to members of their family who live outside of Israel, but do not hold an Israeli passport.
