August 1 – August 4 2011
Upcoming Anti-Democratic Legislation
August 1-3 | National Housing Committees Bill
In the past couple of weeks, we have been witnessing an extraordinary and moving social awakening in Israel. What started as a few tents in the middle of a Tel Aviv boulevard has expanded into a country-wide movement for social and economic rights.
Against the backdrop of this grassroots protest, which initially focused on affordable housing, the National Housing Committees Bill (NHCs) is being discussed in the Knesset plenum this week (August 1-2) and is scheduled to be brought before the plenum for its second-third reading on Wednesday. This government sponsored bill aims to establish, for a temporary period of time, National Housing Committees (NHCs) for large-scale housing plans, while bypassing regular planning procedures. The government claims that establishing NHCs will minimize bureaucracy and will increase the supply of apartments in Israel, thereby helping in solving the current housing crisis.
ACRI is strongly opposed to this bill in its current version, since the NHCs will bypass planning procedures and will lead to flawed housing plans, which will not provide a minimal quality of life for the residents; this, while also severely harming the environment and infringing on the public’s right to voice opinions regarding housing plans. The current NHCs Bill will therefore cause more harm than good, and will turn land reserves in the center of Israel to homogenous neighborhoods for wealthy residents, expanding the socioeconomic gaps that have sparked the current country-wide protest. To avoid this, affordable housing must be included in this bill, along with other important changes such as the inclusion of representatives of social rights organizations in planning committees.
Download the briefing “What can be done to promote affordable housing in Israel” (PDF in English), prepared by ACRI and the Coalition for Affordable Housing in Israel.
Download the briefing “What can be done to promote affordable housing in Israel” (PDF in English), prepared by ACRI and the Coalition for Affordable Housing in Israel.
August 1-3 | Tribunal on Immigration and Status Affairs
On Sunday (August 1), the Knesset Internal Affairs Committee discussed this government supported bill in preparation for its second-third reading in the plenum, which is scheduled for Wednesday. This bill seeks to establish a tribunal for immigration and status matters within the Ministry of Justice, including the status of children of permanent residents. The judges of this tribunal will be allowed to rule without any public debate; in fact, without holding an oral debate at all. The authorities will be exempt from presenting various documents to the court and will be allowed to demand ex-parte hearings.
Matters of immigration and the status of non-Jews are not currently regulated by a clear immigration policy. Therefore, once this tribunal is established, all the executive, legislative, and judicial powers pertaining to the immigration and status of non-Jews will be in the hands of the Ministries of Justice and Interior. The courts have repeatedly criticized the executive branch for its policies and violations, and thus the executive branch now wishes to establish its own tribunal and so to rid itself of the court’s criticism.
ACRI is opposed to this bill, which harms the principle of separation of powers, the publicity of legal hearings, and the principles of natural justice, as well as infringing on the rights of many individuals, including the partners of citizens and residents, children in East Jerusalem, migrant workers, persons with no citizenship, and others.
August 2 – postponed | Libel without Proof of Damage
On Tuesday, the Knesset Constitution, Law, and Justice Committee was scheduled to discuss two amendments to the Prohibition of Libel Law – in preparation for their second-third reading. Following other urgent discussions in the plenum, the discussion in the committee was delayed and will most likely not be held this week, but we do want to bring this bill to your attention – as it will most likely be promoted in the committee even during the Knesset’s break.
These two amendments seek to significantly raise the amount of compensation paid without proof of damage, from 50,000 NIS to 500,000 NIS, and in special circumstances even more than that. From the explanation to these amendments, it is clear that they are intended to “punish” those who are accused of libel, while mostly focusing on the media.
ACRI is opposed to these amendments, due to the fact that they infringe on freedom of expression and freedom of press for possibly unfounded and “weak” lawsuits.
August 3 | Fighting Terrorism Bill
On Wednesday, the Knesset plenum is scheduled to vote on the Fighting Terrorism Bill in its first reading. This government-sponsored bill seeks to anchor the current Emergency Regulations (in matters of fighting terrorism) as permanent legislation, and gives the police and security forces very wide, unbalanced, and drconian authorities – to take severe measures against individuals and organizations without trial, based only on suspicions, and with no minimal guarantees that will safeguard their rights. As such, this bill opens the door to wrongful intervention of the State in the political discourse and in the freedom of assembly of Israeli citizens and residents.
According to ACRI, this bill will reinforce problematic practices that are currently anchored in Israel’s Emergency Regulations, such as the power to place citizens and residents of Israel in administrative detention with no time limitations, without trial and with no obligation to disclose the nature of the suspicion and the evidence to the suspect, as well as interrogating suspects with no basic conditions to prevent torture or ensure a fair trial. Furthermore, this bill sets very broad definitions for “a terrorist organization” and “member of a terrorist organization,” in a manner that could lead to categorizing innocent individuals and organizations as involved in terrorist activities.
Therefore, ACRI is concerned that this bill will enable the prevention of basic human rights without due process.
August 3 | Expanding the Authorities of Municipal Inspectors
On Sunday (August 1), the Knesset Internal Affairs Committee approved this government sponsored bill for its final reading in the plenum on Wednesday (August 3). Initially, this bill sought to expand the authorities of municipal inspectors and private security guards “for the prevention of acts of violence.” These authorities include demanding identification, searching without grounds for suspicion, entering private premises, preventing persons from entering premises, and using reasonable force in order to bring a person to a police station.
The initial version of this bill was draconian, but following advocacy work by ACRI the version that was approved is less harmful, although still unsatisfactory. For example, a prison sentence of two years for those who refuse to obey an inspector’s order was removed from the current version. Furthermore, the committee approved the expansion of authorities only to municipal inspectors and not to private security guards, only for the 13 municipal authorities that are participating in a pilot program, and only for two years – the duration of the pilot.
While ACRI acknowledges the need to enhance and improve the state of law enforcement in Israel and to efficiently deal with increasing violence, this bill in fact reflects the State’s shirking of responsibility in this area, while at the same time increasing the potential for human rights violations.
In the Spotlight
August 4 | End of the Knesset’s Summer Session
At the end of this week, the Knesset is scheduled to go on hiatus until after the Jewish holidays in October. Following the growing local protests, various Members of Knesset have voiced their support of extending the current Knesset session – but this initiative was not approved, and the Knesset will go on vacation as planned.
The Speaker of the Knesset, MK Reuven Rivlin, expressed opposition to this initiative, and stated that even on hiatus – he plans to enable all Knesset committees to continue their discussions and will convene the plenum at any time, should 20 MKs demand it or should any public matter require it.
We will of course update you on this matter, and we will keep you updated on any relevant legislative initiatives even during the Knesset’s break.
