• Israel’s High Court is sponsoring anti-Palestinian discrimination - Opinion - - Haaretz Daily Newspaper | Israel News
    http://www.haaretz.com/opinion/1.661022

    The High Court of Justice rejected a petition on Tuesday from the Palestinian village of Dirat-Rafiah, Rabbis for Human Rights and other organizations, which sought to restore authority over planning in the West Bank’s Area C to Palestinian councils, something that was revoked in 1971. At that time, local and district Palestinian planning councils, created by Jordanian law, were disbanded by the Israel Defense Forces, which created a special planning system for the Palestinians run by the Civil Administration.

    Despite being presented with studies showing the various methods in which planning policy in the West Bank negatively affects Palestinians and the development of their villages and towns – as opposed to Israeli settlements, which have a different system for planning – Justice Elyakim Rubinstein ruled that no information was presented indicating discrimination.

    This follows a previous ruling Rubinstein handed down last month, which stated there was no discrimination in evacuating the unrecognized Bedouin village of Umm al-Hiran to make way for a Jewish settlement. Rubinstein justified that Supreme Court ruling by noting that Hiran will not be for Jews only but open to all.

    Denial of discrimination in both these cases reflects a narrow, extremely formalist position on equality. In adopting such a position, the courts have shirked their responsibility to guarantee equality for all – Jews and Palestinians alike.

    No less troubling is the High Court declaration that it must not intervene because of the political nature of the issue, and possible ramifications to the “sensitive relationship between Israel and the Palestinian Authority.” This ruling negates the court’s role in protecting human rights for all, including the Palestinian population in the occupied territories.

    This ruling also allows the High Court to refrain from safeguarding human rights at all in similar contexts. It joins previous cases in which the court used similar excuses in order to remain uninvolved – like the ruling on freedom of movement for Gaza residents, or the ruling allowing Israeli quarries to be built in the West Bank. This constitutes blatant disregard of the fact that under humanitarian and human rights law, the rights of civilians under military occupation are not limited, nor are they dependent on political concerns or agreements.

    The lack of proper planning for Palestinians in the West Bank leads to constant unauthorized construction, and the regular demolition of such structures. The Israeli government stubbornly ignores the fact that the Palestinians need a solution and cannot wait for a comprehensive agreement between Israel and the Palestinians, which is not on the horizon anyway. It is disappointing that the High Court has backed this abuse and perpetuates the current planning system, which does not favor the local population and flies in the face of the laws of occupation.