The Palestine flag being flown during a protest in Sea Point last year. Picture: Ayanda Ndamane / Independent Newspapers
Critics point to certain laws and policies where Jewish and non-Jewish citizens and residents are treated differently, particularly within Israel and the occupied Palestinian territories. Below are some key areas and examples often cited:
W.r.t: Nationality and Citizenship:
(1). Law of Return (1950): Allows Jewish people worldwide the right to immigrate to Israel and gain citizenship automatically, while denying Palestinians, including refugees and their descendants, the same right to return to their homeland.
(2). Citizenship Law (1952): This law defines categories for Israeli citizenship that make it more challenging for non-Jews to acquire citizenship than for Jewish immigrants.
(3). Citizenship and Entry into Israel Law (2003): Restricts Palestinians from the West Bank or Gaza from gaining citizenship or residency status through marriage to Israeli citizens.
W.r.t. Land Ownership and Access:
(1). Absentees’ Property Law (1950): Allows the state to confiscate property belonging to Palestinians who fled or were expelled during the 1948 Arab-Israeli war.
(2). Land Acquisition Law (1953): Permits the state to seize land for public purposes, which has been applied to land owned by Palestinians who became refugees in 1948.
W.r.t. Planning and Zoning:
(1). Planning and Building Law (1965): Enforces strict zoning regulations that disproportionately impact Palestinian communities, leading to high rates of home demolitions for “illegal” construction.
(2). Absentee Property Law (1970): Extends the 1950 law to East Jerusalem, allowing the Israeli state to take over properties of Palestinians in the city.
W.r.t. Education and Language:
(1). State Education Law (1953): Focuses on Jewish history and Zionism in public school curricula, which critics argue marginalizes the Arab identity and narrative of Palestinian students.
(2) Nation-State Law (2018): Declares Israel as the nation-state of the Jewish people, downgrading Arabic from an official language to a “special status” language.
W.r.t. Civil Rights and Political Representation:
(1). Prevention of Terrorism Ordinance (1948): Often applied more rigorously to Palestinians and Palestinian organizations, potentially infringing on political freedoms.
(2). Basic Law: Knesset (1958): Includes provisions that prohibit parties or candidates from denying Israel’s Jewish character, which some argue limits political expression, particularly among Palestinian citizens of Israel.
(3). Basic Law: Human Dignity and Liberty (1992): Applies selectively in cases involving the West Bank, leading to claims of unequal application of legal protections.
W.r.t. Military Law and Administration in the West Bank:
(1). Military Orders in the West Bank: A complex set of military laws govern Palestinians, while the Israeli settlers are subject to Israeli civil law, creating a dual legal system.
(2). Military Order 101 (1967): Criminalizes political expression, assembly, and protest by Palestinians in the West Bank, applied strictly to Palestinians but not to Israeli settlers.
W.r.t. Freedom of Movement:
(1). Separation Barrier (2002): Limits movement for Palestinians in the West Bank, impacting access to land, jobs, education, and medical services.
(2). Permit Regime: Requires Palestinians in the West Bank and Gaza to obtain permits to enter Israel or to move between areas in the territories, restricting their freedom of movement.
W.r.t. Family Unification and Residency:
(1). Entry into Israel Law and Temporary Order: Prevents family unification for Palestinians married to Israeli citizens.
W.r.t. Employment and Economic Disparities:
(1). Israeli Labor Laws: There are significant differences in how labour laws are applied to Palestinians in the occupied territories compared to Israelis, affecting wages, labour protections, and work conditions.
W.r.t. Water and Natural Resources:
(1). Water Disparities: Control over water resources results in unequal distribution, with Israeli settlements in the West Bank receiving more access to water than Palestinian villages.
These laws and policies, among others, are seen by some as forming a system of structural inequality and their cumulative effect leads to systematic discrimination, particularly for Palestinians in the West Bank, Gaza, and East Jerusalem, as well as for Arab citizens of Israel.
Would one expect these practices in a democracy?
You be the judge.
* Adiel Ismail, Mountview.
** The views expressed here are not necessarily those of Independent Media.
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