http://electronicintifada.net/v2/article11676.shtml

Israel moves to legalize segregated Jewish-only communities

Jonathan Cook,
The Electronic Intifada, 15 December 2010

The pretty two-story home with a red-tiled roof built by Adel and Iman
Kaadan looks no different from the rows of other houses in Katzir, a small
hilltop community in northern Israel close to the occupied West Bank.

But, unlike the other residents of Katzir, the Kaadans moved into their
dream home this month only after a 12-year battle through the Israeli
courts.

The small victory for the Kaadans, who belong to Israel's Palestinian Arab
minority, dealt a big blow to a state policy that for decades has reserved
most of the country's land for Jews.

Katzir is one of 695 so-called "cooperative associations," communities
mostly established since Israel's creation in 1948, whose chief purpose is
to bar non-Jews from residency.

In October, the Israeli parliament moved to enshrine in law the right of
these associations, comprising nearly 70 percent of all communities in
Israel, to accept only Jews.

The Constitution, Law and Justice Committee approved a private members' bill
that will uphold the right of the communities' admissions committees to
continue excluding Palestinian Arab citizens, who make up one-fifth of the
population. The bill is expected to pass its final reading in the coming
weeks.

Commentators have compared the legislation with South Africa's notorious
apartheid laws such as the Group Areas Act. A leading jurist, Mordechai
Kremnitzer, of Hebrew University in Jerusalem, said the bill gave off the
"foul odor of racism."

The legislation, both its supporters and opponents are agreed, is a
rearguard action to prevent the possibility that other Arab citizens might
be inspired to follow the Kaadans' example.

Israel Hasson, of the centrist Kadima party, who was among the bill's
formulators, said it reflected "the state's commitment to the realization of
the Zionist vision" in Israel. That vision is embodied in a decades-old
"Judaization" program to settle as many Jews as possible in the heavily
Arab-populated north.

Suhad Bishara, a lawyer with the Adalah legal center for the Arab minority,
said that the long-standing practice of using admissions committees to weed
out applications from Arab citizens was being given legal standing for the
first time.

"This legislation makes clear in very blunt fashion that the thrust of
policy in Israel is towards maintaining segregation in housing between
Jewish and Arab citizens," she said.

The question of control over land, Bishara said, was felt especially keenly
by the Arab minority, because the state had nationalized 93 percent of all
territory inside its recognized boundaries.

Cooperative associations, which are limited to no more than 500 families
each, have jurisdiction over most of the country's habitable land and are
regarded by the authorities as a bulwark against an Arab takeover, she said.

Arab citizens, meanwhile, are largely restricted to living in 124 towns and
villages, and control 2.5 percent of Israel's territory.

Planning and building laws confine the development and expansion of Arab
communities, leading to overcrowding. Tens of thousands of Arab families,
forced to build in non-zoned areas, live in homes under demolition orders.

Kaadan, 54, a hospital nurse, said he had wanted to move to Katzir to
improve his family's quality of life. Baqa al-Gharbiyya, an Arab town ten
kilometers from Katzir where they previously lived, was densely populated
and lacked public services, while the local schools for his five children
were underfunded and crumbling.

Typically, Arab municipalities receive only one third of the budget of
Jewish communities.

Kaadan said he had applied to Katzir when he learned that plots of land
there for house-building were heavily subsidized by the state, selling for a
fifth of the price demanded in Baqa al-Gharbiyya.

The family's legal fight to win a place in Katzir has been arduous. It took
five years for the high court to rule on the community's decision in 1995 to
reject the Kaadans on the grounds that they were Arab.

Making "one of the most difficult decisions in my life," Aharon Barak, the
court's president, ordered Katzir's admissions committee to consider the
family's application, warning that it could not reject them because of their
ethnicity.

Katzir, therefore, imposed a new criterion for admission -- "social
suitability" -- that the Kaadans also failed. It was clear to everyone,
Kaadan said, that "suitability" referred to the fact that they were not
Jews.

When the Kaadans appealed to the court again, the Lands Authority, a state
body that manages territory in Israel, relented and sold the family a plot
in 2007.

However, the case has continued to reverberate.

Other exclusive Jewish communities in the Galilee sought their own solution
to barring the entry of Arab families after Ahmed and Fatina Zbeidat, from
the Arab town of Sakhnin, applied to the cooperative association of Rakafet
in the Misgav region.

Rakafet's admissions committee ruled in 2006 that the Zbeidats were
unsuitable: Fatina was too "individualistic," while her husband lacked
"knowledge of sophisticated interpersonal relations." Like the Kaadans, the
Zbeidats have appealed to the high court.

Several Jewish communities near Rakafet hastily changed their bylaws last
summer to include a loyalty oath. Typical was Manof's, which requires
applicants to share "the values of the Zionist movement, Jewish heritage,
settlement of the Land of Israel ... and observance of Jewish holidays."

Bishara, who represents the Zbeidats, said the couple was seeking a ruling
against the use of admissions committees in the allocation of land and
housing. The judges ordered the government to justify the practice at a
hearing next month.

The new legislation, known as the Admissions Committee Bill, is designed to
preempt any ruling by the court.

Gush Shalom, an Israeli peace group, said it would petition the high court
to strike down the bill if, as expected, it becomes law in the next few
weeks.

The liberal Haaretz newspaper called the bill an "outrageous" attempt to
preserve "Jewish purity" in communities such as Katzir and Rakafet.

But the right-wing Jerusalem Post newspaper backed the legislation, saying
Israeli Jews "should have the right to live in a community where they are
not threatened by intermarriage or by becoming a cultural or religious
minority."

Jonathan Cook is a writer and journalist based in Nazareth, Israel. His
latest books are Israel and the Clash of Civilisations: Iraq, Iran and the
Plan to Remake the Middle East (Pluto Press) and Disappearing Palestine:
Israel's Experiments in Human Despair (Zed Books). His website is
www.jkcook.net.

***

http://www.guardian.co.uk/world/2010/dec/15/rabbis-denounce-arab-rental-ban

World rabbis denounce edict forbidding Jews from renting homes to Arabs

Letter signed by 900 rabbis around the world describes ruling backed by many
Israeli rabbis as a 'painful distortion' of Judaism

by Harrier Sherwood in Jerusalem
Guardian (UK): December 15, 2010

More than 900 rabbis from around the world have signed a letter expressing
"great shock and pain" at a ruling backed by scores of Israeli rabbis
forbidding Jews from renting or selling property to non-Jews.

The letter describes the ruling as a "painful distortion of our tradition"
and a "desecration of God's name" and appeals to Israeli rabbis to "take a
public stand and oppose those who misrepresent our tradition".

Most of the signatories are from the US, but they include rabbis from many
countries, among them the UK.

The ruling, which originated with Shmuel Eliyahu, the municipal rabbi of the
city of Safed, has caused controversy and division within Israel. It has
also been strongly criticised by Israel's prime minister, Binyamin
Netanyahu, and president, Shimon Peres.

But it attracted widespread support among nationalist rabbis. It is mainly
targeted at Arab citizens of Israel but also the country's growing refugee
and economic-migrant community.

The global signatories, who describe themselves as Rabbis Against Religious
Discrimination, address their letter to "our rabbinic colleagues in Israel"
to whom they are turning "at a time of crisis".

It says: "The attempt to root discriminatory policies based on religion or
ethnicity in Torah is a painful distortion of our tradition. Am Yisrael [the
people of Israel] know the sting of discrimination, and we still bear the
scars of hatred."

It adds that Jews in the diaspora "struggle to maintain a strong, loving
relationship" with Israel. "Every day that challenge grows more difficult.
Many of our congregants love Israel and want nothing more than the safety
and security of the Jewish homeland, but for a growing number of Jews in
America this relationship to Israel cannot be assumed."

The ruling provides "justification for anti-Jewish and anti-Israel sentiment
across the world".

The letter, sponsored by the New Israel Fund, follows the denunciation last
week of the ruling by Rabbi Yosef Shlomo Elyashiv, head of the Lithuanian
ultra-Orthodox establishment. "I've said for some time that there are rabbis
who must have their pens taken away from them," he said.

There have been calls for rabbis who backed the ruling and whose salaries
are paid from public  funds to be disciplined or removed from their posts.
Israel's attorney-general has described the ruling as "inappropriate public
conduct".

Yad Vashem, Israel's Holocaust memorial centre, also strongly criticised the
ruling.

[Harriet Sherwood is the Guardian's Jerusalem correpondent.
She was previously Foreign Editor and Home Editor.]

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