- The Association for Civil Rights in Israel (ACRI) publishes
annual reports on "The State of Human Rights in Israel and the Occupied
Territories." This article reviews its December 2008 one as human
rights activists commemorated the 60th anniversary of the Universal Declaration
of Human Rights (UDHR) on December 10.
-
- ACRI is Israel's leading human and civil rights organization
and the only one addressing all liberty and rights issues. It was founded
in 1972, is independent and nonpartisan, believes human and civil rights
are universal, and leads the struggle for these issues in Israel and Occupied
Palestine (OPT) through litigation, legal advocacy, education, and public
outreach.
-
- Ten years ago on UDHR's 50th anniversary, ACRI assessed
the status of human rights in Israel and discovered some troubling phenomena
and trends:
-
- -- inequality,
-
- -- social gaps,
- -- human rights violations in the OPT,
-
- -- eroding social rights,
-
- -- increasing privatization of social services, and more.
-
- Even so, ACRI noted that "The State of Israel has
impressive achievements in the field of human rights." A decade later,
ACRI concludes that troubling 1997 trends are now worse. Human rights
aren't in a constitution. Israel has none. Only some are in the Basic
Laws, and those apply only for Jews. Israeli Arab citizens have no rights
whatever.
-
- "The State of Israel has increasingly shirked its
responsibility to ensure its citizens the most fundamental rights:"
-
- -- to health,
-
- -- education,
-
- -- housing, and
-
- -- to live in dignity.
-
- Quite the opposite:
-
- -- inequality is growing,
-
- -- socioeconomic gaps are widening,
-
- -- free expression and privacy are threatened,
-
- -- racist trends are more common,
-
- -- so are ones that limit basic freedoms and endanger
human and civil rights; legislation for them has been tabled in the Knesset,
-
- -- judicial equity is eroding,
-
- -- so is democracy,
-
- -- civil society organizations and activists are threatened,
-
- -- institutionalized discrimination exists,
-
- -- Arab Israelis are disadvantaged, persecuted, endangered,
and live under third-world conditions, especially in "unrecognized
villages" in the Negev and Galilee;
-
- -- the gap between Arabs and Jews has widened, and
-
- -- all of the above is in Israel.
-
- In Occupied Palestine, conditions are far worse and oppressive.
"For forty-one years, Israel has denied fundamental rights to four
million Palestinians in the West Bank and Gaza," effectively controlling
their lives, and repressively denying them their rights under military
occupation:
-
- -- to life,
-
- -- liberty,
-
- -- personal security,
-
- -- free movement and expression,
-
- -- to earn a living,
- -- to health,
- -- education,
- -- to basic dignity, and much more.
-
- ACRI compiled its data from numerous and varied sources:
-
- -- non-governmental organizations,
-
- -- newspapers,
-
- -- Knesset deliberations and documents, and
-
- -- Israeli published material and court proceedings.
-
- Its report covers equality, civil, and social rights.
-
- The Right to Equality
-
- Sixty years after the UDHR and establishment of the State
of Israel, these rights have no "constitutional anchoring."
No institutions are empowered to apply them, and Arab Israelis and Palestinians
are fundamentally denied them in all respects.
-
- In addition, Israeli laws and policies reflect institutionalized
discrimination favoring Jews alone - no others, including Christians.
Those most aggrieved are the Palestinians in the OPT. For Jews, however,
laws have been passed to guarantee equality even though they're loosely
enforced and are seriously eroding:
-
- -- the Equal Employment Opportunity Law (1988) prohibits
employment discrimination (in theory) with regard to nationality, country
of origin, age, gender, family status, sexual orientation, faith, opinion,
and party affiliation;
-
- -- the Equal Rights for People with Disabilities Law
(1998) affirms their right to be integrated into society, to equality
of employment, and to accessibility; in practice, it's loosely enforced
and doesn't work;
-
- -- the Prohibition of Discrimination in Products, Services
and Entry into Places of Entertainment and Public Places Law (2000) prevents
discrimination by private individuals; again, enforcement is lax;
-
- -- various amendments to the State Service Law assures
fair representation of women, the disabled, Arab citizens, and Ethiopian
immigrants in public bodies; they don't work; and
-
- -- many judicial rulings on equality and against discrimination;
they, too, end up nonstarters.
- Inequality and discrimination persist because they're
hard to prove and Israeli society never internalized these values in practice.
It shows in the Israel Democracy Institute's 2008 Democracy Index in
which 83% agreed that "every person should have the same rights,"
but only 56% want full equality for all citizens, including Arabs and
women.
-
- The Status of Women
-
- In Israel's labor market, women are judged inferior to
men. They earn the lowest wages, are promoted least, very few are managers,
and most "work in a rather narrow band of 'women's professions' "
reflecting these conditions. Many have part-time jobs, and female unemployment
is higher than for men.
-
- They're also sexually harassed and burdened (according
to men) by getting pregnant, becoming mothers, and being viewed mainly
as homemakers. Women are poorly represented in the Israeli Knesset and
in academia at about 10% less than in EU countries. In contrast, they
represent 51% of the judiciary, their same proportion as in the population.
-
- Jewish and Muslim religious laws also disfavor women
with respect to marriage and divorce, the distribution of assets when
it happens, child custody and maintenance. Too little attention is also
afforded sexually assaulted, battered women, and those victimized by trafficking.
-
- Mizrahim (Jews of Middle Eastern and North African Origin)
-
- Socioeconomic gaps (based on education, income, professions
and job status) between Mizrahi and Ashkenazi European Jews have widened,
even though no institutionalized discrimination exists between them.
-
- Arab Israeli Citizens
-
- Though legally entitled to full equality, they're effectively
victimized by institutional discrimination "deriving from the concept
of the State and its actual policies:"
-
- -- Judaizing the Negev and Galilee, for example;
-
- -- legislation favoring Jews over Arabs, such as the
right to citizenship;
-
- -- anachronistic institutions since the founding of the
State that strictly serve Jewish majority interests in all respects;
-
- -- laws, court rulings, government policies, and official
documents discriminate against Arab citizens.
-
- In November 2000 at the beginning of the Second Intifada,
the Or Commission was established to investigate Israeli security force
killings of Arab Israelis and Palestinians. In September 2003, it published
its findings and concluded that:
-
- "The State was not doing enough and was not making
a sufficient effort to provide equality to Arab citizens and to remove
the phenomena of discrimination and deprivation....It must be a fundamental
aim of the State's actions to achieve true equality for its Arab citizens....To
this end, the State must promote, develop, and introduce plans to close
the gaps, putting emphasis on the budgetary areas, in all aspects of education,
housing, industrial development, employment, and services. Special attention
should be paid to the living conditions and plight of the Arab Bedouin."
-
- Five years later, "nothing has been done to improve
the status (and welfare)" of Israel's Arab population. For example:
-
- -- discriminatory legislation continues, including bills
and laws that delegitimize Arab Israelis, deny them equal rights, and
treat them as enemies;
-
- -- the Citizenship and Entry into Law denies Palestinian
citizenship to spouses of Israeli citizens, their right to reside in
Israel, permission to stay in the country, and those already there must
leave; in July 2008, the law was extended for another year;
-
- -- in June 2008, a Basic Law amendment now denies candidacy
for the Knesset to anyone who visited a "hostile" country (meaning
Occupied Palestine) without a permit; though worded in "neutral"
language, it's directly solely at Arab legislative members to reduce their
already limited numbers;
-
- -- Israel continues to institutionalize discrimination
through increasing numbers of new laws;
-
- -- they affect land distribution and planning egregiously;
since the founding of the State, the Arab population has grown sevenfold,
yet Israel expropriated half of formerly Arab-owned lands and hasn't
established a single new Arab town; in contrast, 600 new Jewish ones have
been built; Israeli Arabs comprise 20% of the population, yet live on
and have jurisdiction over only 2.5% of the land; also, Arab citizens
can't acquire or lease land in over 80% of State territory;
- -- Bedouin Arabs are severely discriminated against in
so-called "unrecognized villages," mainly in the Galilee and
Negev desert; in 1965, Israel delegitimized their villages, zoned them
to benefit Jews and expel Arabs, forbade unlicensed construction, banned
it on agricultural land, and stipulated where Jews and Arabs could live;
the law made Bedouins internal refugees and trespassers on their own
land; they still are as ethnic cleansing continues;
-
- -- so-called mixed towns are where 90,000 Arab citizens
live in separate neighborhoods from Jews; differences between them are
pronounced; Arab ones suffer from neglect, are in disrepair, lack public
services, and are deprived of or are severely lacking in essential ones
like education, health care and housing; others as well like public transport,
proper roads, banks, post office branches, local government offices, community
or commercial centers, help for the elderly, indigent or unemployed, garbage
collection, lighting, and more.
-
- Persons with Disabilities
-
- Discrimination exists despite the 1998 Equal Rights for
People with Disabilities Law applying to all kinds of disabilities - physical,
sensory, cognitive, mental, and psychological as well as to temporary
or permanent ones. Human dignity is the law's core principle - not just
against discrimination but for equality in employment, accessibility to
transport services, and for all public services and places to be accessible
to the disabled.
-
- Nonetheless, the proportion of employed disabled people
is extremely low. In addition, their economic situation is the worst
of all western countries and deteriorating. It's especially true for the
least educated.
- Disabled children face systemic obstacles to being integrated
into the general education system. Inadequate budgeting is provided for
them.
-
- More than half the population needing mental health care,
and over two-thirds who are minors, don't get it. The situation shows
that laws alone aren't enough since in practice they're not applied or
enforced.
-
- Immigrants from the Commonwealth of Independent States
(CIS) - Former Soviet Republics
-
- Many, even professionals, have fewer opportunities, get
lower wages, and have inferior status. As they fully integrate over time,
they're gradually less exploited, and those best educated get professional
opportunities with chances for better ones. Still, employers generally
prefer native Israelis and discriminate against immigrants. Their representation
in public service institutions (aside from medical) is substantially lower
than their proportion in the population.
-
- Ethiopian Immigrants
-
- Over 20 years since their mass immigration, they've never
fully integrated and face considerable discrimination. According to the
Israeli Association for Ethiopian Jews, factors impeding them include:
-
- -- their family framework disintegration;
-
- -- their unfamiliarity with formal western society structures
and a lack of cultural sensitivity toward them;
-
- -- their being forced to live in disadvantaged neighborhoods
and be socially isolated;
- -- the grudging acceptance of these out-of-the-mainstream
Jews by some; many others who question their Jewishness and show overt
racism; and
-
- -- too little effort by the government on their behalf
in spite of "no lack of good intentions."
-
- As a result, they're disadvantaged by less education.
Most are forced into lower paying jobs. Around 72% of Ethiopian children
grow up in families living below the poverty line, and over 70% (in their
early development years) grow up in caravan parks, absorption centers,
and poor neighborhoods. It shows in high school graduation rates at about
39% compared to 63.8 % for the Jewish population as a whole. Also in higher
family violence rates, more youth crime, and a greater use of alcohol
and drugs. In May 2008 (covering the January - October 2007 period), The
State Comptroller's Report showed that Ethiopian immigrant needs aren't
properly understood and "not enough has been done" to bridge
the cultural gap and help them acclimate to Israeli society.
-
- Gays, Lesbians, Bisexuals and Transgenders
-
- Compared to most countries, Israel is relatively progressive
on this issue. Since the 1988 ban on homosexuality ended, major achievements
have been made in respecting the rights of these individuals, both legally
and in daily life. Since the 2005 Supreme Court decision on letting a
lesbian adopt the biological children of her partner, legal developments
have advanced the parenthood rights of same-sex couples. The Court's position
is that sexual preference and parenthood are matters of culture and personal
choice, not something for the law to decide.
-
- The Occupied Territories: Violation of the Right to Equality
of Palestinian Residents
-
- Two people live in the West Bank. One is occupied, the
other free. Each is subject to a separate legal system and infrastructure.
Jews are treated preferentially on occupied land and are separated from
the Palestinian population in isolated cantons. They're under an illegal,
repressive military occupation, have no rights, and live in fear.
-
- If Jews commit a crime, they're fully protected under
Israeli law and are entitled to a civil trial. Palestinians have no rights
and face harsh military justice in military courts. Israelis have special
roads, protections, privileges and advantages. Palestinians face gross
discrimination in every facet of their lives with no legal protections
under Israeli law. This is a "blatant violation of the principle
of equality, and is in many ways reminiscent of the Apartheid regime in
South Africa." In many respects, it's far worse. It also violates
the spirit and letter of international law that defines Palestinians as
a protected civilian population in an occupied territory.
-
- In its 36 year history, ACRI has promoted equality in
numerous ways and has impressive achievements for its efforts - for Palestinians,
women, Arab Israelis, same-sex couples, and various initiatives for the
disadvantaged. Nonetheless, it works against long odds. Its progress is
painfully slow, and it's never enough.
-
- The Right to Life and Personal Security
-
- The UDHR's Article 3 states that "Everyone has the
right to life, liberty and security of person." For its Arab citizens
and Palestinians, Israel defiles it.
-
- The Killing of Arab Citizens by Security Forces
-
- After the Second Intifada's late September 2000 onset,
Israeli security forces killed 13 Arabs in October - 12 Israeli citizens
and one Palestinian. Despite the Or Commission's harsh criticism, no
one was held to account and all files were eventually closed. This and
similar incidents deepen the hostility between Jews and Arabs. Jewish
lives have worth. Arab ones don't, and rarely are charges brought when
they're taken.
-
- The Occupied Territories: Violation of the Right to Life
and Personal Security
-
- Israeli incursions into the Territories are routine,
frequent, hostile and destructive. Many Palestinian lives are lost. Many
others are wounded, and the entire population suffers under a brutal
occupation showing neither respect or mercy for the people it controls.
From January through October 2008 alone, B'Tselem and the UN Office for
Coordination of Humanitarian Affairs (OCHA) reported 430 West Bank and
Gaza deaths, over 1150 wounded, and extensive property damage and destruction
- all of it, of course, in violation of international law.
-
- In June 2008, a bill cleared its first Knesset hurdle
that aims to prevent Palestinians from claiming compensation for damage
to their person or property when caused by Israeli security forces. Settler
violence and harassment also goes unaddressed even after the Israeli
High Court of Justice ruled (in June 2006) that the IDF must safeguard
the security and property of Palestinian farmers. They don't. Violence,
destruction, and land takeovers continue, and in the past year have increased
dramatically. In addition, most incidents aren't investigated. Those that
are rarely yield indictments, and Palestinians remain vulnerable and are
on their own to fend for themselves. ACRI and other human rights organizations
have undertaken numerous initiatives on their behalf. It's no simple task
when Israeli justice is stacked against them.
-
- The Prohibition of Torture
-
- UDHR's Article 5 states that "No one shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment."
Yet Israel inflicts it extensively against Palestinian Arabs as official
policy.
-
- The Occupied Territories: Abuse of Prisoners and Violation
of the Prohibition on Torture
-
- International law is clear and unequivocal on prisoner
abuse, torture, and cruel and degrading treatment. It's strictly prohibited
at all times, in all places, under all conditions, for any reasons with
no allowed exceptions. Israel defiles the law and routinely engages in
these practices. Using the defense of a "ticking bomb" as justification
is unacceptable and illegal.
-
- Secret Evidence - Its Increased and Problematic Use
-
- As in American courts against so-called "terrorist"
defendants, Israel treats secret or classified evidence (unavailable to
the defense) as factual. Courts in both countries go along while paying
lip service in expressing cautiousness to the practice and to the right
of due process.
-
- More troublesome in Israel is the increased "anchoring
in legislation" of the right to hold court sessions in the presence
of one side only and use secret evidence (as in America) at such times
with defense counsel having no ability to refute it.
-
- Legislation Harming the Right to Liberty and Due Process
-
- In recent years, new Israeli laws permit suspending an
individual's personal liberty for "preventive" purposes without
a criminal proceeding. The Incarceration of Unlawful Combatants Law (2002)
was amended in August 2008 to allow indefinite administrative detentions
if secret evidence shows a "reasonable basis to assume" a person
took part in a hostile act against Israel "directly or indirectly"
or belongs to a "militia" engaging in such activity.
-
- Legal counsel may be denied for up to 21 days, and "insubmissible"
evidence or hearsay is allowed. Israel's Supreme Court affirmed the law
but not for Israeli citizens or residents, only "outside elements"
meaning Palestinians.
-
- The 2006 Criminal Procedures Law (for Detainees Suspected
of Security Offenses) denies these individuals minimal protections. It
lets authorities delay judicial hearings for up to 96 hours; in certain
circumstances to hold them longer "in the absence of the suspect;"
extend detention periods without counsel; and thus let interrogators engage
in unlawful practices, including abuse and torture. In March 2008, ACRI
and other human rights organizations petitioned Israel's High Court to
rule against the law. No decision so far has been rendered.
-
- Incarceration Conditions of Prisoners and Detainees
-
- Israel's Office of Public Defender and the Israeli Bar
Association reveal disturbing violations of fundamental prisoner rights,
including excessive force and brutal conduct of guards - against Jews.
-
- Common prisoner complaints included violence, threats,
humiliating and contemptuous guard behavior, invasive and degrading searches,
disproportionate discipline, illegal restraints, and minors weren't exempted.
-
- As bad is the deplorable conditions in many Israeli prisons:
-
- -- extreme overcrowding;
-
- -- poor hygienic and sanitary conditions;
-
- -- inadequate ventilation;
-
- -- suffocating heat;
-
- -- no separation between toilets and showers; and
- -- a shortage of basic equipment such as heaters, clothing
and blankets.
-
- The Occupied Territories: Violation of the Right to Due
Process
-
- Israeli and OPT laws permit arrest by administrative
order (based on secret or classified evidence) for up to six months, but
this may be repeatedly renewed and made indefinite - with no judicial
review or due process in court. This practice is routinely and extensively
used for Palestinians, but rarely against Jews. It's highly problematic,
morally and legally, but Israel's High Court allows it. It's often used
when inadequate evidence exists, so administrative detention becomes punishment
without trial, and detainees have no legal redress.
-
- The Military Court System
-
- For four decades, Israel's legal system has been dual
and discriminatory. Israelis must be brought before a judge within 24
hours and be tried in a civil court. Palestinians can be detained for
eight days, only then be brought before a judge, and then tried by military
court under much harsher rules:
-
- -- defense counsels are severely constrained and limited
in representing their clients effectively; their visitations are restricted
to impede preparing a proper defense; they receive investigative material
only after indictment, written in Hebrew, not Arabic; they're denied anything
considered secret and classified;
|