Newsletter des rls-Büros in Tel Aviv 1 October 2010 DR. HANNA SWAID1 Land, Planning and Housing Plight Facing the Arab Citizens in Israel Land, planning and housing laws and policies in Israel have been criticized for discriminating and adversely affecting the Arab citizens of the state since it was founded. !"#"$%&'(%)"*"()+,"(-""$(.","*+&(&"/0.&+%0,"(0$0%0+%0,".(0$(%)0.(["&23(0$#&420$/(+(5*656."2(7+86*(*"96*7(0$(%)"(:&+$$0$/( and Building Law and an approved reform in the Israel Lands Administration (ILA) Law. These initiatives are opposed by different environmental and Human Rights organizations and other stakeholders, who claim among other things that these reforms do not tackle any of the problems of the Arab citizens of Israel and sometimes even worsen the situation. The reform in the Israel Lands Administration (ILA) Law was approved by the Knesset in the summer of 2009 and implies changes in land ownership. The nature of these changes brought residents of the Arab village of Makar, in ;".%"*$(<+&0&""3(+$2(=+$$+(>?+02(69(=+2+.)(%6([&"(+(5"%0%06$(0$(@+$4+*'(ABCB(%6(%)"(=0/)(D64*%(69(@4.%0#"(EFG<GHI3( arguing that the suggested land reform violates the rights of Israel’s Arab citizens. In the following newsletter, Hanna Swaid explains the present problematic condition of Arab localities and population in Israel with regards to land, planning and housing, and highlights some of the adverse implications of the recent reform of the ILA Law. The State of Israel and its Arab Citizens The population of the State of Israel consists today of approximately 7.5 million inhabitants, 20.3% of them are Arabs (Muslims, Christians and Druze). Although the Israeli Declaration of Independence (1948) ensures “to all its inhabitants irrespective of religion, race or sex” equality of social and political rights, freedom of religion, conscience, language, education and culture2, the society suffers from a serious rift between Arab and Jewish citizens. The rift also exists between the Arab citizens and the !"#"$%&'!"&"("&)'!%M%')%+)'[-$'+$%.$&'/%"0$%')123% The Arab minority has suffered from discriminatory 4)5&+&$!%#'-%41#+"&+$!%&'%"0$%[$5-%)6%45#''&'/7%5#'-7% and development not only over the last few decades but, indeed, since the establishment of the State of Israel in 1948. The Arab population of Israel has been caught in a Yafa an-Naseriyye local council - courtesy of Wikimedia vicious circle of underdevelopment, which has led The main socio-economic characteristics to high poverty and unemployment rates. Most of representing the plight of the Arab population of the Arab townships score very low on the national Israel are: socio-economic scale. The cycle of permanent Almost 50% of the Arab citizens in Israel live ('-$1-$8$5)42$'"% &!% +#(!$-% #'-% &'"$'!&[$-% .9% #% ∗ below the poverty line, including combination of factors, including marginalization approximately 60% of Arab children. by governmental policies, low participation of Arab citizens in the work force (particularly women), ∗ Most Arab townships (hosting about 90% of unemployment, low-paying jobs and rare job the total Arab population in Israel) are found in opportunities. the categories 1-3 on the national socio- 1 Dr. Hanna Swaid, is a Member of Knesset on behalf of HADASH – Democratic Alliance for Peace and Equality since 2006. He received his PhD in Civil Engineering and Urban Planning at the Technion in Haifa (1988). He was a member of the National Council for Planning and Construction (1995-2003) and the Director General of the Arab Center for Alternative Planning (2003-2006). 2 See http://www.mfa.gov.il/MFA/Peace Process/GuidetothePeaceProcess/DeclarationofEstablishmentStateof Israel (18 August 2010). economic scale (which is divided into 10 state welfare policies and governmental categories, with category 10 representing the institutions in various aspects of life, including 2)!"%#6\($'"%")>'!0&4!?3 employment, social services, education, industry, and trade. ∗ Unemployment among Arab communities is about 50% higher than the national average. In It is widely believed that economic development is some Arab towns unemployment exceeds 25%. most essential for changing the present situation of the Arab population in Israel. Achieving ∗ Most Arab townships lack industrial/commercial economic development and improving the quality and employment zones and suffer from limited )6%5&6$%)6%B1#.%+&"&E$'!%+)(5-%4)"$'"&#559%1$\$+"%)'% local job opportunities (“bedroom commu- "0$&1%+0#'+$!%")%.$+)2$%#'%&'"$/1#5%#'-%&'\($'"&#5% '&"&$!P?3 part of Israeli society. ∗ Participation in the workforce reaches only 45% among Arabs (compared with the national Planning, Land and Development Rights #8$1#/$% )6% @@A?7% >&"0% B1#.% >)2$'% The Orr Commission Report3% % )6% :;;<% &-$'"&[$-% participation amounting only to 20%. planning, land and development rights as the ∗ The average wages of Arab employees reach major reason for confrontations between Arab only 65% of the national average wages in citizens and state institutions. The report pointed Israel. at accumulating anger, mistrust and despair among Arab citizens due to longstanding ∗ Public companies rarely recruit Arab employees, systematic institutional discrimination encom- and most of private sector companies do not passing almost all domains of life, including recruit Arabs, allegedly because of security housing, employment, social and civil rights. restrictions. Up until now, national and regional development ∗ D"#"$% &'!"&"("&)'!% -)% ')"% )4$'% )6[+$!% &'% B1#.% plans initiated by the state authorities were townships, thus hindering employment oppor- approved and implemented without minimal tunities for Arabs, mainly women. Arabs involvement of Arab citizens or institutions represent only 6% of the total employees in the representing them. Most Arab municipalities and public sector and state institutions (while Arabs civil society organizations lack professional comprise more than 20% of the total capacity, resources and dedication to perform this 4)4(5#"&)'?%.$+#(!$%)6%!$+(1&"9%1$!"1&+"&)'!3 “watchdog” function. Arab communities lack professional public organizations to represent their ∗ Allocation of state land for employment needs and interests and act as their professional purposes (industrial, commercial, leisure, “voice” on planning, housing, and developmental #/1&+(5"(1#5?%&!%8$19%5&2&"$-%&'%B1#.%")>'!0&4!3 issues. ∗ Arab businesses are limited to local F0$% 0&!")19% )6% O+#14$"P% B1#.% 5#'-% +)'[!+#"&)'% .9% opportunities and markets and lack any the state, implemented over the 1950s until 1980s, national, regional or global prospects. has led Arab citizens to mistrust any plan initiated by the government, and rather view it as another So far, the consecutive governments in Israel have means to control and limit their normal growth. played a passive role in assisting Arab com- This is often interpreted by the government and munities to develop and grow. They continue to state authorities as unwillingness and reluctance to make promises and pledges but fail to act participate. The Orr Commission noted that these effectively. The major strategy adopted by Arab compounded problems, which are due to the citizens to change this situation has been to exert state’s failure to integrate the Arab minority into political and public pressure on the government, the general population, and to provide democratic anticipating it will act to fundamentally change the and equitable treatment, have created among the traditional policies and attitudes, enhance resource Arab minority increased frustration and mistrust allocation to achieve improvements and equality, towards the state, which ultimately led to the and close the gap between the Jewish and Arab violent events as observed in October 2000. In the communities in the state. following paragraphs, the major problematic land The combination of continuous deprivation policies and planning issues concerning the Arab minority implemented by state authorities on the one side in Israel are introduced and discussed. and the absence of individual self-reliant development strategies and plans among the Arab Inequitable Land Allocation citizens on the other side continues to intensify F0$% 2#H)1&"9% )6% B1#.% 5#'-!% >$1$% +)'[!+#"$-% .9% po verty and frustration among Arab citizens of state authorities since the establishment of the Isr ael. This has led to almost full economic dependency of the Arab population in Israel on State of Israel. Now, the Arab citizens own only 3 The Orr Inquiry Commission was set up by the government of Israel in order to investigate into the reasons which stood behind the eruption of October 2000 violent confrontations between Israeli Arab citizens and security forces leaving 13 Arab youth shot dead by the police in several Arab townships. 2 3.5% of the total area of the state, while they all localities in Israel. Also, they determine the comprise more than 20% of the population. The zoning of state and private lands all over the majority of the lands in Mandatory Palestine were country. As such, their decisions have direct owned by Arab citizens before 1948. The implications concerning the jurisdictional jurisdiction area of all Arab townships reaches boundaries4 of local authorities, and consequently only about 3% of the area of the state. the allocation of state lands and budgets for planning and local economic and social The comparison between land allocation to the development. Fair representation of Arab citizens Arab city of Sakhnin and to the neighboring