The Third Way: A Different View of the Middle East

Last week, I reported on a petition circulating opposing a bill in the Knesset that would affirm the Israel Land Authority’s practice of leasing Jewish National Fund land in Israel to Jews only. I offer here some background on this issue…

It is often said that a major sign of discrimination against Arabs in Israel is that the cannot buy land. It is important to note that Jews can’t either. The exception is the 7% of land that is privately owned (about half of which is owned by Arabs and half by Jews), though this land very rarely changes hands. Instead, the practice governing the remaining 93% of the land, which is administered by the Israel Land Authority (ILA), is that it is leased, for terms that can be short or up to 99 years.

Of course, leasing ends up being discriminatory in practice, but on paper, Arabs have the same right and opportunity to lease land. The exception has been Jewish National Fund (JNF) land. This is the issue that has been raised in recent years by Arab citizens of Israel who have sued the state to allow Arabs to compete for lease tenders on JNF land. The claim is that since the ILA administers this land, it falls under the Basic Law of Israel which prohibits discrimination against any of its citizens. The Attorney General agreed and ruled that tenders for JNF land must be open to all. The High Court has not yet ruled, but it is widely expected that they will concur with the AG’s ruling. This is why the current bill, stipulating that JNF lands must be administered according to JNF guidelines (which stipulate that the land was bought for use by Jews) is being promoted in the Knesset. It is an attempt to circumvent the High Court and the Attorney General. (more…)

The Knesset has passed the first of three readings of a bill which would allow the Israel Land Authority (ILA) to hold leasing for lands it administers for the Jewish National Fund (JNF) for Jews only. This would bypass a ruling by the Attorney General Menachem Mazuz earlier this year barring such discrimination and also would pre-empt a case coming before the Supreme Court challenging such discrimination.

Mazuz was actually trying to save the JNF’s ability to hold land for Jews. His compromise was that the state would give an equal amount of land directly to the JNF for all land leased or sold to Arab citizens of Israel. This, however, did not satisfy some Knesset members.

The initial vote in the Knesset doesn’t necessarily portend ultimate passage. Only 80 of the 120 Knesset members voted on this bill at all and, while the vote was 64-16, it is not unusual for votes on bills in the Knesset to change sharply in subsequent readings. Thus, this is a case where a real impact can be made by those who believe that Israel must not be a discriminatory state. You can start by signing a petition I helped review here. (more…)