The Israeli government is
facing legal action for contempt over its refusal to implement a Supreme Court
ruling that it end a policy of awarding preferential budgets to Jewish
communities, including settlements, rather than much poorer Palestinian Arab
towns and villages inside Israel.
The contempt case on behalf
of Israel’s Palestinian minority comes in the wake of growing criticism of the
government for ignoring court decisions it does not like -- a trend that has
been noted by the Supreme Court justices themselves.
Yehudit Karp, a former deputy
attorney general, compiled a list of 12 recent court rulings the government
has refused to implement, but legal groups believe there are more examples.
Many of the disregarded judgements confer benefits on Palestinians, either in
the occupied territories or inside Israel, or penalise the settlers.
Critics have accused the
government of violating the rule of law and warned that the defiance has been
possible chiefly because right-wing politicians and religious groups have
severely eroded the Supreme Court’s authority over the past few years.
Senior members of the current
right-wing government of prime minister Benjamin Netanyahu, including the
justice minister, Yaakov Neeman, have repeatedly criticised the court for what
they call its “judicial activism”, or interference in matters they believe
should be decided by the parliament alone.
Legal experts, however, warn
that, because Israel lacks a constitution, the court is the only bulwark
against a tyrannical Jewish majority abusing the rights of the country’s 1.3
million Palestinian citizens, as well as 4 million Palestinians living under
occupation in the West Bank and Gaza.
Ilan Saban, a law professor
at Haifa University, said: “Unlike most -- if not all -- other democracies,
Israel lacks a political culture that respects limits on the power of the
majority.”
Even the protections offered
by Israel’s basic laws, he said, were not deeply entrenched and could easily
be re-legislated. The lack of both a formal constitution and a tradition of
political tolerance, he added, was “a dangerous cocktail”.
Israel’s liberal Haaretz
newspaper went further, warning recently that, in “slandering the judiciary”,
government officials had provoked a crisis that could “lead to the destruction
of Israeli democracy”.
The country’s highest court
is due to rule in the coming weeks on whether the government is in contempt of
a ruling the court made four years ago to end a discriminatory scheme, known
as National Priority Areas (NPA), that provides extra education funding to
eligible communities.
The High Follow-Up Committee,
an umbrella political body representing Israel’s large Palestinian minority,
launched the case because only four small Palestinian villages were classified
in NPAs, against some 550 Jewish communities. The scheme, introduced in 1998,
is believed to have deprived Palestinian citizens, a fifth of Israel’s
population, of millions of dollars.
Although the court ruled in
February 2006 that the scheme must be scrapped, the government has issued a
series of extensions until at least 2012.
Sawsan Zaher, a lawyer with
Adalah, a legal centre that launched the contempt petition, said: “This case
has become a symbol of how the government refuses to implement decisions it
does not like, especially ones relating to constitutional protection and
minority rights.”
However, she said that
punishing the state for its actions would not be easy. “After all, the court
is not going to jail the government. The best we can hope for is a fine.”
The NPA case is only one of
several that have highlighted a growing trend of law-breaking by the
government.
Ms Zaher said Adalah had at
least half a dozen other cases in which it was considering contempt actions.
Most referred either to the treatment of Bedouin villages in the Negev the
state refuses to recognise and to which it denies services, or to the failure
to allocate equal resources to Arab schools.
In its most recent annual
report, the Association of Civil Rights in Israel, the country’s largest legal
rights group, listed several examples of Supreme Court orders to dismantle
sections of the separation barrier built on Palestinian land in the West Bank
that have been disregarded.
In one hearing, in October
2009, Dorit Beinisch, president of the court, accused the government of taking
“the law into its own hands” and treating her rulings as “mere
recommendations”.
She had been angered by the
fact that an order to remove the barrier around the Palestinian village of
Azzoun, near Qalqilya, had been ignored for three years. The judges had learnt
that the hidden reason for building the barrier had been to help expand the
neighbouring settlement of Tzufim.
Similarly, in May, the court
found that the government had continued construction on a road between the
settlements of Eli and Hayovel despite a ruling that it must stop. In a
harshly worded response, the judges said: “It is inconceivable that the state
does not know what is unfolding right beneath its nose.”
Last month the supreme court
again castigated the government for ignoring an order from last year to
demolish a sewage purification plant built in the West Bank settlement of Ofra
on privately owned Palestinian land in violation of Israeli law.
Other prominent cases in
which officials are defying court rulings involve the refusal to demolish a
synagogue built by settlers; the failure to build hundreds of classrooms for
Palestinian children in East Jerusalem; and the continuing practice of
“binding” foreign workers to a single employer.
Late last year, the justice
minister, Yaakov Neeman, warned that he was considering legislation that would
allow the parliament to bypass the Supreme Court, even in cases where the
judges have struck down a law on the grounds that it contravenes a basic law.
The government’s flouting of
these rulings has been possible because of growing public disenchantment with
the courts, observers have warned.
Last month a survey by Haifa
University found that among Israeli Jews who were not ultra-Orthodox or
settlers -- both groups tend to reject the court’s authority -- only 36 per
cent expressed great faith in its decisions. That was down from 61 per cent in
2000.
Among settlers the figure was
20 per cent, down from 46 per cent a decade ago.
Aryeh Rattner, a law
professor who conducted the research, partly attributed the decline in the
court’s standing to its “excessive involvement” in what he called
controversial religious, social and defence issues.
However, Prof Saban said the
“activism” the court has been accused of was more illusory than real, and that
it was often reluctant to intervene in cases where violations of rights were
clearcut. In the National Priority Areas case, he said, lawyers had been
challenging the patently discriminatory scheme since its introduction in 1998.
“The court took nearly 10
years to rule against the scheme, and since then the government has evaded
implementing the decision until at least 2012. In other words, the petitioners
are likely to be without a remedy for 14 years. That hardly qualifies as
activism.