As readers of my blog here and at the Los Angeles Jewish Journal (http://www.jewishjournal.com/rabbijohnrosovesblog)  know, I have been writing of the travails of the estimated 55,000 Eritrean and Sudanese Refugees who made it to Israel by walking hundreds of miles because they desperately sought safety from the genocidal dictatorships ruling their countries. In last week’s blog I wrote of the Knesset‘s passing a new amendment to the Anti-Infiltration Law that permits incarceration of these political asylum seekers for up to one year in an open incarceration center (i.e. prison) in the south in the middle of nowhere. In this center, there is a roll-call performed three times every day, so these people cannot successfully walk to the nearest Israeli town to buy food or toothpaste or anything in a grocery store and return to the incarceration center in time for roll-call. Should they not show up, they would be deported to their country of origin and most likely suffer death at the hands of their government.

Despite the High Court’s earlier ruling that the original Knesset bill calling for three years incarceration was contrary to Israel’s Basic Laws about freedom, the Knesset modified the law to one year.

I print below this morning’s press release (December 16) from Israel’s “Hotline for Refugees and Migrants” whose leader Sigal Rozen led my congregants and I on a walking tour of the South Tel Aviv neighborhood in which 35,000 Eritreans and Sudanese Refugees are forced to live (this is a 3 or 4 block area around the central bus station).

Israel’s human rights organizations are not taking the most recent Knesset bill without fighting back. As you can see below, they are going back to the High Court of Justice (Israel’s Supreme Court) and appealing the legality of the Knesset bill.

Stay tuned!

Press release
December 16, 2013
 
Human Rights Organizations Challenge New Amendment to Infiltration Law

New law even more unconstitutional than the one overturned by Court in September
 
Yesterday (December 15) several human rights organizations filed a petition with the High Court of Justice seeking the nullification of the new amendment to the Law to Prevent Infiltration. The organizations claim that the new amendment does not abide by the principles set forth by the Court’s September 15 decision to overturn the previous amendment to the law, and is in many ways more severe than the nullified amendment.
 
The petition was submitted by Attorneys Oded Feller and Yonatan Berman of theAssociation for Civil Rights in Israel (ACRI), Attorneys Asaf Weitzan and Nimrod Avigal of the Hotline for Refugees and Migrants (formerly the Hotline for Migrant Workers), Attorneys Anat Ben Dor and Elad Cahana of the Refugee Rights Clinic at Tel Aviv University Faculty of Law, and Attorney Osnat Cohen Lifshitz of theClinic for Migrants’ Right at the Academic Center for Law and Business, on behalf of ASSAF – Aid Organization for Refugees and Asylum Seekers in Israel, Kav Laoved, Physicians for Human Rights, the African Refugee Development Center (ARDC), and two asylum seekers from Eritrea transferred last weekend from Saharonim prison to the Holot “open” facility across the road.
 
The petition strongly criticized the state’s actions following the High Court decision. Rather than seek new humane solutions to the refugee issue as the Court directed, the respondents delayed the releases ordered by the Court as long as possible and rushed through a piece of legislation that undermines the ruling and continues treating the asylum seekers inhumanely. The new amendment’s one-year administrative detention provision ignores the Court’s ruling on the unconstitutionality of imprisoning people who cannot be deported. Perhaps worse, the amendment allows for the interminable detention of non-deportable migrants in facilities managed by the prison authorities and designed to break their spirit until they “voluntarily” self-deport, even if it means endangering their lives.
 
The petition further argues that the ostensible deterrence purpose of the legislation presents a solution to a problem that does not exist because no new asylum seekers are reaching Israel. “Less than three months after the decision, which included harsh criticism, the legislation was passed in lighting speed. What changed during this period? Nothing. Was there a substantial increase of asylum seekers entering Israel that required a response? No. According to Population and Immigration Authority publications, in the past three moths, 4 Sudanese men have entered Israel irregularly.”
 
To support their request for an interim injunction, the petitioners point out that despite the government having decided to build the “open” facility over than three years ago, it saw no use for it until the court’s decision to overturn the prior amendment. “The urgency of the legislation and the completion of the facility demonstrate that its establishment and operation are not the result not of substantive considerations but rather the desire to avoid releasing the detainees, in defiance of the decision of the Court.”
 
For these reasons, the petitioners claim that the new amendment, like the old one, is “outside constitutional boundaries and does not comport to the principles set forth by the High Court of Justice, to the point of ignoring [the prior amendment’s] having been voided at all.”  The petitioners seek an urgent hearing on the petition and an injunction to stay the transfer of asylum seekers to the Holot facility. Justice Handel ordered the respondents to file their response to the injunction request within ten days.
 
To read the entire petition (in Hebrew) click here.
For more information about the previous legal proceedings (in English) click here.
Media enquiries:
Anat Ovadia (Hotline for Refugees and Migrants)
054-3177851
Marc Grey (ACRI)
0544405203

I am one of 620 rabbis and cantors who signed a letter to Prime Minister Netanyahu (http://bit.y/BedouinRabbis – “Clergy United Against Bedouin Dispossession”, organized by T’ruah and Rabbis for Human Rights) asking the Israeli government to set aside the Begin-Prawer Bill as unjust.

The bill’s authors say that the bill will settle land ownership disputes between Israel’s Bedouin Negev citizens and the state, compensate the 30,000 to 40,000 Bedouin being moved from their homes to new recognized villages, and ensure their well-being by affording them regular access to water, electricity and other services.

However, there is far more here than meets the eye.

The 190,000 Bedouin Arabs of the Negev, among the poorest in the country (71% live below the poverty line), are full citizens of the State of Israel. 90,000 of these Bedouin live in 45 villages of which 35 have not been recognized by the government and are therefore not provided the most basic services. Only ten of the 45 villages are expected to receive formal government recognition.

The bill will forcibly move these Bedouin from villages in which they have lived for generations because the state does not recognize their property claims. Why?

First, the Bedouin who lived on their land under Ottoman and British Mandate control had “understandings” with the authorities about which lands belonged to them. The formal process of regulating land ownership under the British Mandate (1917-48), however, was never carried out in the Negev, though many landholders elsewhere in the country were officially registered.

Second, the Bedouin had their own traditional system of property acquisition that was acceptable under Ottoman and British rule, and so they were given the impression that registering their land in the government Land Registry was not necessary.

Third, Israel’s War of Independence dislocated thousands of Bedouin. Immediately after the 1948 War, Israel declared the lands temporarily evacuated by Bedouins to be “abandoned land.” The IDF confiscated that land and turned it into military training zones and built yishuvim (Jewish communities) on the land of abandoned villages.

Dr. Dan Gazit, an archaeologist who has spent decades living and working in the Negev, claims that an archive in the Beersheba Municipality that existed during the British mandate era documented all land ownership data for the Bedouins of the province, but was “lost” during its transfer to the State Archive. He has written:

“The State of Israel, which disappeared the Bedouin ownership date of their lands in the Negev, is now expelling them from their land, claiming that they have no official ownership documentation.”

This is a classic “Catch 22!”

“The Begin-Prawer Plan” will force the displacement and eviction of dozens of villages and tens of thousands of Bedouin residents, dispossess them of their ancestral property, and damage the social fabric of their communities thus putting thousands of families at risk of falling further into poverty, unemployment and crime.

What is recommended instead is for the Israeli government to recognize formally the unrecognized 45 villages, all of which have met the same criteria required of new Jewish communities to be registered, and thereby afford them adequate water, electricity, plumbing, health care, education, and employment.

The unfairness of this bill is stunning in another way. There are currently 100 Jewish villages in the Beer Sheva District of the Negev with an average population of only 300, far fewer than the Bedouin villages which have between 400 and 4800 residents. Jewish villages, however, have had no difficulty attaining land and formal recognition thus affording them the necessary infrastructure from the Israeli government including water, electricity, plumbing, health care, education, and employment.

The premise behind the Begin-Prawer Plan is that Bedouin Arabs are usurpers of the land upon which they live because they lack documentation, but that is a problem created by the state of Israel, not the Bedouin themselves who are victims of bureaucratic neglect.

The Prophet Micah (2:2) warns us: “And they covet fields, and seize them; and [they covet houses and] take them away; thus they oppress a man and his house, even a man and his heritage.”

What pans out at the end of the day is that this Begin-Prawer bill is a land grab by the state of Israel of property lived on and possessed by Israeli Bedouin Arab citizens.

Jewish tradition teaches that the highest moral duty is to treat strangers and the most vulnerable in our midst with kindness and justice. The irony in the case of the Bedouin is that as citizens of Israel they are NOT strangers at all, but part of the fabric of Israel’s democracy.

If Israel is to embody the best of Jewish ethical tradition (as it does in so many areas) and the highest democratic standards, then the Knesset must defeat this bill.