Sidelined Arab Israelis fear outcome of judicial overhaul

An aerial view shows protesters during Saturday’s rally in Tel Aviv against the Israeli government’s judicial overhaul plan. (AFP)
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Updated 13 August 2023
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Sidelined Arab Israelis fear outcome of judicial overhaul

HAIFA: Members of Israel’s Arab minority fear they will bear the brunt of the hard-right government’s judicial overhaul, but have remained largely on the margins of a raging debate over the sweeping changes.

Israelis have rallied weekly since the controversial reform package was announced in January by Prime Minister Benjamin Netanyahu’s ruling coalition, dubbed “the worst ever” by Samira Kanaan Khalaylah, 57, who lives in the northern Arab town of Majd Al-Krum.

Arab or Palestinian citizens of Israel, who make up around 20 percent of the population, are already “on the sidelines” of Israeli society and politics, said Khalaylah, a school secretary.

Moves by the coalition — which includes extreme-right leaders with a history of anti-Arab rhetoric — to restrict judicial oversight of government decisions and to weaken watchdogs “will be very bad for us,” she said.

Israeli protesters have staged mass demonstrations against the government’s legislative agenda they view as a threat to democracy.

But Arabs have been largely absent from these rallies, often heavy with Israeli flags which some find alienating.

They have organized their own rallies calling for equality.

The broader protest movement has been spearheaded by activists and army reservists largely unwilling to highlight messages relating to the plight of the Arab minority or of Palestinians, fearing it would harm their cause in the eyes of Israel’s Jewish majority.

In the northern city of Haifa, Arab demonstrators have rallied in relatively small numbers, carrying banners against the legal overhaul and demanding rights.

Yousef Jabareen, a lawyer and former lawmaker, said the proposals might hand the government “authoritarian powers” which threaten Arab citizens and their elected representatives.

With limited oversight, “the right wing will have ... broader powers,” said Jabareen.

The first key clause of the reform package passed through parliament on July 24, amending the “reasonableness” clause which was used by the Supreme Court to overturn government decisions deemed unconstitutional.

The court is set to hear petitions against the legal change in September.

Other proposals include handing the government a greater say in the appointment of judges and downgrading the status of legal advisers attached to ministries.

Netanyahu’s government which took office late last year has been set on expanding settlements in annexed east Jerusalem and the occupied West Bank, both seized in the Six-Day War of 1967.

“The extreme right wants to get rid of” the few objections “presented by the Supreme Court against settlement projects,” Jabareen said.

Leah Tsemel, a lawyer who has represented many Palestinians in Israeli courts, said multiple rulings have failed to protect minority rights even before the “reasonableness” amendment.

The Supreme Court has upheld the 2018 Nation State Law which enshrined Israel’s primary status as a state for Jews and downgraded Arabic as an official language.

The court has also signed off on handing east Jerusalem properties to settler organizations who hold deeds proving past Jewish ownership, prompting the eviction of Palestinian residents.

Tsemel noted the court had failed to recognize Palestinians’ ownership claims over properties in west Jerusalem.

The court has ruled “in favor of the state or settlement associations, and ignored the ‘reasonableness’ argument,” she said.

Studies by leading rights groups have concluded that Israel’s legal system and policies amount to apartheid, which Israel denies.

The Haifa-based Mossawa Center advocacy group has warned the judicial overhaul will only worsen “the rights violations of the Arab minority” and further the occupation of Palestinian territories.

Despite widespread reservations concerning Israel’s legal system, there had been “hope in Palestinian society that the court will intervene in unreasonable government decisions,” said Mossawa’s director, Jafar Farah.

He said the erosion of the court’s powers will “deepen institutional corruption,” affecting both Arab and Jewish Israelis.

But the minority wields far less political power, with an independent Arab party only once being part of a coalition government, in 2021-22.

With parliament now in recess until Oct. 15, Netanyahu has said the door remains open for talks with his detractors.

But after his allies pressed ahead with the July vote — which opposition lawmakers boycotted — protesters have vowed to stay on the streets as hopes for a compromise fade.


MSF calls Israeli ban a ‘grave blow’ to Gaza aid

Updated 10 sec ago
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MSF calls Israeli ban a ‘grave blow’ to Gaza aid

  • Doctors Without Borders is among 37 foreign humanitarian organizations banned from the territory
  • The group, which has hundreds of staff in Gaza, says: 'Denying medical assistance to civilians is unacceptable'
JERUSALEM: International charity Doctors Without Borders Friday condemned a “grave blow to humanitarian aid” after Israel revoked the status it needs to operate in Gaza for refusing to share Palestinian staff lists.
Israel on Thursday confirmed it had banned access to the Gaza Strip to 37 foreign humanitarian organizations for refusing to share lists of their Palestinian employees.
Doctors Without Borders (MSF), which has 1,200 staff members in the Palestinian territories, the majority of them in Gaza, said in a statement that “denying medical assistance to civilians is unacceptable under any circumstances.”
The medical organization argued that it had “legitimate concerns” over new Israeli requirements for foreign NGO registration, specifically the disclosing of personal information about Palestinian staff.
It pointed to the fact that 15 MSF staff had been “killed by Israeli forces,” and that access to any given territory should not be conditional on staff list disclosure.
“Demanding staff lists as a condition for access to territory is an outrageous overreach,” the charity said.
MSF also denounced “the absence of any clarity about how such sensitive data will be used, stored, or shared,” charging that Israeli forces “have killed and wounded hundreds of thousands of civilians” in Gaza during the course of the war.
It also charged that Israel had “manufactured shortages of basic necessities by blocking and delaying the entry of essential goods, including medical supplies.”
Israel controls and regulates all entry points into Gaza, which is surrounded by a wall that began to be built in 2005.
Felipe Ribero, MSF head of mission in the Palestinian territories, told AFP that all of its operations were still ongoing in Gaza.
“We are supposed to leave under 60 days, but we don’t know whether it will be three or 60 days” before Israeli authorities force MSF to leave, he said.
Prominent humanitarian organizations hit by the Israeli ban include the Norwegian Refugee Council (NRC), World Vision International and Oxfam, according to an Israeli ministry list.
The ban, which came into effect on December 31, 2025 at midnight, has triggered widespread international condemnation.
Israel says the new regulation aims to prevent bodies it accuses of supporting terrorism from operating in the Palestinian territories.
MSF says it currently supports one in five hospital beds in Gaza and assists one in three mothers in the territory, and urged the Israeli authorities to meet to discuss the ban.