of equality is not mentioned as a constitutional right in Israel’s Basic Law:
Human Dignity and Liberty (1992)114, which acts as Israel’s Bill of Rights in
absence of a constitution. In the absence of a constitutional right to equality,
it is relegated to a secondary-level right, and is only considered if it can be
derived from other rights granted by the Basic Law. Moreover, paragraph
10 of the Law, provides that, “[t]his Basic Law shall not affect the validity of
any law in force prior to the commencement of the Basic Law.” A series of
discriminatory laws adopted in the 1950s and 1960s thus continue to violate
the fundamental right to equality of Palestinians.
In order to facilitate the policy of “minimal fairness”, during the first 18 years
after the creation of Israel, Palestinian citizenry was restricted to security
zones and had military rule imposed on them. During the military rule period,
Israel imposed strict means of control on Palestinian citizens, restricting the
freedom of movement, assembly, work, press and speech, in addition to mass
confiscation of land and property. This was possible because of the Emergency
Regulations (Absentees’ Property) Law-1948, and the Absentees’ Property Law1950.115 These laws serve to expropriate individually and communally-owned
Palestinian land.116 Palestinian citizens of Israel and refugees have thereby
been deprived of title, access and use of their land, and even of compensation.
Today, 93 percent of the land in Israel is owned either by the state or by quasigovernmental agencies (such as the Jewish National Fund) and administered
by the Israel Land Authority, whose managerial council is composed of
representatives from the government and the Jewish National Fund.117 The
purpose of the Jewish National Fund, according to its Memorandum of
Association is to systematically acquire land in Palestine “for the purpose of
settling Jews on such lands”.118 This goal is reflected in a resolution that passed
at the Seventh Zionist Congress, putting the latter on record as rejecting
“unplanned, unsystematic, and philanthropic small-scale colonization” by the
Jewish National Fund.119 Its Memorandum also stipulated that it could only
lease land to Jews and prohibited it from selling any land it acquired.120
114 Basic Law: Human Dignity and Liberty.
115 The Absentees’ Property Law, 5710
http://unispal.un.org/UNISPAL.NSF/0/E0B719E95E3B494885256F9A005AB90A.
116 For more information see: BADIL, Israeli Land Grab and Forced Population Transfer of Palestinians, A
Handbook for Vulnerable Individuals and Communities (Bethlehem, Palestine: BADIL Resource Center
for Palestinian Residency and Refugee Rights, 2013), http://www.badil.org/en/badil-news/1454-story-3.
117 For more information see: BADIL, “The Jewish National Fund: A Para-State Institution in the Service of
Colonialism and Apartheid,” Al-Majdal, Winter - Spring 2010, http://www.badil.org/phocadownload/
Badil_docs/publications/al-majdal-43.pdf.
118 Walter Lehn, “The Jewish National Fund” 3, no. 4 (Summer 1974): 94.
119 Ibid.
120 See: Lehn and Davis, note 13 supra, pp. 31-32.
47
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