The Jewish National Fund (JNF) is not required to act for the good of all of
Israel's citizens and asking it to allocate land for the benefit of everyone is
tantamount to nationalizing its assets, according to a document submitted to the
High Court of Justice this week.
The document was submitted by the JNF in response to a petition brought against
the Israel Lands Administration (ILA) about two months ago by the Arab Center
for Alternative Planning, the Association for Civil Rights in Israel (ACRI) and
the Adalah legal center.
The petitioners are asking the court to annul an ILA policy that prevents Arabs
from participating in bids to purchase land owned by the JNF. The petitioners
say the policy is not in keeping with the Basic Law on Human Dignity and
Liberty.
About five years ago, the High Court set a precedent when it ruled in favor of
Adel Kaadan, who wanted to buy a lot in the community of Katzir, which was built
on state land allocated to the Jewish Agency. A panel of five justices, led by
Court President Aharon Barak, ruled that "the state's obligation to act with
equality extends to all of its activities. It therefore also extends to the
allocation of state lands."
ACRI attorney Ouni Bana argued before the court that the Kaadan ruling set a
general rule, by which the state must not transfer the use or ownership of land
to a third party that contracts with Jews only with regard to public land
resources.
However, the JNF argued that its right to act as the "trustee of the Jewish
people" surpasses even the principle of equality. "The JNF of course recognizes
the right of all citizens to equality," the document submitted to the court
states. "However, equality does not extend to the right of one person to settle
on another person's property."
The JNF currently has lands amounting to about 2.5 million dunams. The document,
to which an affidavit by JNF chairman Yehiel Leket was appended, also noted that
it is not funded by the government, that its assets were acquired through the
contributions of tens of thousands of Jews throughout the Diaspora, and
therefore "the JNF has a clear obligation to its donors" and was established to
work for the good of the Jewish people only.
JNF lawyers argued that JNF ownership of land is completely separate from the
state, according to the Basic Law on the People's Lands, "which authorized
separate and independent ownership of JNF lands."
In response to the JNF, the petitioners' attorneys argued that the prohibition
against discrimination applies to private organizations, as well as public
authorities. In any case, they added, because the JNF carries out government
functions, it cannot be seen as a private organization. The petitioners also
noted that their petition was directed against a undisputedly public body, the
Israel Lands Administration, which administers JNF lands and must market them
equally to all citizens.
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