Status of Palestinian-Israelis: 1952—2003
After the four major armistice agreements of 1949 were concluded, approximately 150,000 Arabs remained in Israel to become Israeli citizens. Some Arab Palestinians remained in their native villages, while others were internally displaced by Israeli authorities to other parts of the state.
In large measure, Palestinian Israelis were left disconnected both geographically and culturally from their Arab neighbors and from members of their community who had fled during the war.Presently, there are approximately 1.3 million Palestinian Israeli citizens in Israel, constituting nearly 20 percent of the country’s total population. The status of this group remains ambiguous, as an Arab minority within a Jewish state. Given this circumstance, the very terms that are used in reference to this group are politically charged. The Israeli National Security Council refers to members of this group as “Arab citizens of Israel,” while members of this group often use the word “Palestinian” in their self-descriptions, with many adopting the term “Palestinian citizen of Israel” or “Palestinian Arab citizen of Israel.” Palestinian nationalists, on the other hand, refer to this group as “Arabs of the inside.” This term implies that the State of Palestine still exists and that some Palestinians are outside of Palestine, while others are still inside. The implications of this term cause Israel to doubt the allegiance of its Arab Palestinian minority.
Palestinian Israelis are often discriminated against in official policy and administrative practices, and their communities are often denied the services and financial support provided toJewish Israeli communities. Discriminatory Israeli legislation and Israel’s treatment of Palestinians in the Occupied Palestinian Territories add to these tensions. This situation was improved somewhat in the early 1990s when Palestinian Israeli parties entered into a coalition agreement with Yitzhak Rabin’s Labor Party, helping it to win a parliamentary majority, which resulted in better social services for Palestinian Israeli communities.
But, in comparison with Jewish communities, Palestinian Arabs are still behind in receiving public services and financial support from the government.With statistics estimating a continued increase in the number of Arab Palestinian citizens of Israel, this group will likely have a larger impact on Israeli elections and politics in the future.
The documents collected in this chapter are illustrative of this situation, but not exhaustive.
Document 630: Law of the State of Israel: Nationality Law (April 1, 1952) [6 LSI 50 (195152)]. This Israeli law bars the return of Palestinians who previously resided in areas that became part of Israel as a result of the 1948 war. It also allows the deportation of those individuals who subsequently reentered without formal permission. Further, it outlines the various ways that Israeli citizenship may be gained. In the case of Jews seeking citizenship, it reaffirms the Law of Return. For non-Jews, it states that citizenship may be gained by residence, birth, or naturalization, or through service in the Israeli Army, marriage, or one’s parents.
Document 631: Basic Law of the State of Israel: Human Dignity and Liberty (March 17, 1992) [available at http://www.knesset.gov.il/laws/special/ eng/basic3_eng.htm]. This Basic Law declares that no violation of body, life, dignity, property, liberty of movement—including freedom of a citizen to come and go from Israel—or privacy could be perpetrated by the IDF, the police, prison administration, government officials, or emergency regulations, except in the case of a “proper purpose.” The list of protected rights provides Constitution-like protections for some civil liberties and human rights. The right to equality is not addressed. This Basic Law, like the Freedom of Occupation Basic Law, declares its supra-legal constitutional status.
Document 632: Basic Law of the State of Israel: Freedom of Occupation (March 9, 1994) [available at http://www.knesset.gov.il/ laws/special/eng/ basic4_eng.htm].
This Basic Law declares that all Israeli citizens have a right to engage in any occupation. It further states that this right cannot be compromised by another law or by an emergency regulation and, like the Human Dignity and Liberty Basic Law, declares its supra-legal constitutional status.Document 633: Law ofthe State of Israel: Citizenship and Entry into Israel Law—Temporary Order(July 31, 2003) [reprintedin 12 Palestine Y.B. Int’l L. 2002/2003 413-16 (2005)]. This Israeli law prohibits the granting of citizenship, residence, or stay in Israel to any resident of the “region” (i.e., West Bank and Gaza Strip), with the exception of workers, patients, or those with other temporary purposes, or for a period that would not exceed six months. In effect, this law prevents Israeli citizens who marry Palestinians from the West Bank or Gaza Strip from having their spouses acquire residency permits. The law was approved for one year, subject to extension.
Document 634: United Nations Committee on the Elimination of Racial Discrimination Decision 2 (63), Expressing Concern about Israel's Enactment ofthe Nationality and Entry into Israel Law (August 14, 2003) [CERD Decision 2(63), U.N. GAOR, U.N. Doc. CERD/C/63/Dec.2 (2003), 1599th meeting, 63d Sess.]. In Decision 2 (63), the United Nations Committee on the Elimination of Racial Discrimination calls on Israel to revoke the Nationality and Entry into Israel Law (Temporary Order) in order to facilitate family unification on a nondiscriminatory basis.
Document 635: Official Summation of the Or Commission Report (September 1, 2003) [available at http://www.haaretz.com/hasen/pages/ShArtjhtml?itemNo=335594]. The Or Legal Commission of Inquiry (COI), headed by Israeli Supreme Court Justice Theodor Or, was established to investigate the October 2000 clashes between Israeli police and Palestinian Israeli citizens at the start of the Second Intifada. An official report was requested after thirteen Palestinian Israeli citizens were killed by Israeli police during violent protest demonstrations. In the report, the Or Commission condemns nine members of the Israeli police, including former national police chiefYehuda Wilk and former commander of the northern force, Alik Ron, for eleven decisions, most relating to the use of snipers and live ammunition against unarmed demonstrators. The Or Commission notes that the Jewish majority in Israel must take into account that Israel is not exclusively Jewish, but democratic. Further, it stresses that equality is a primary element of the constitutional structure of Israel and the prohibition against discrimination applies to all citizens of the state.
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