Whoever discriminates will be fined

Dear friends,

 

As someone who grew up on the periphery, in an area with new immigrants, I am familiar with the tensions that exist between different cultural groups. The hostility and suspicion towards those perceived as different, are also reflected in residential areas. Jews and Arabs rarely live in the same areas, and this separation between different groups exists all over the country – between Ashkenazim and Mizrahim; between immigrants and other Israelis; and between the rich and the poor. This is not only the residents’ choice. It is also the result of a systematic policy.

 

Since ACRI was established, the organization has been working to ensure that even in our divided and polarized society, everyone has the right to freely choose their place of residence, not to be exposed to discrimination and to enjoy equality in access to housing. In 2009 ACRI started advocating for the Israel Lands Authority not to market land to discriminatory developers, following a case against a company that marketed apartments in a residential project in Jaffa to Jews only. After we petitioned the Supreme Court the State was finally persuaded to add an explicit clause in their tenders, prohibiting discrimination in the marketing of housing units. Since 2010 all tenders for construction released by the Israel Lands Authority have included a clause prohibiting discrimination with the following two sanctions: cancellation of the tender, or a fine of 15% of the cost of the land.

 

This week, we set an important precedent: for the first time, the Israel Lands Authority imposed a fine on a construction company for discriminatory marketing. This decision was against the company “Be’Emunah”, that marketed a residential project in the city of Kiryat Gat to religious people only, even though the land designated for construction was intended for the general public. During Hanukkah, Be’Emunah issued a promotional video that showed stereotypical and racist depictions of people from the Mizrahi community, with a clear message that there will not be “these sorts of neighbours” in the project.

 

ACRI filed a petition written by Attorney Gil Gan-Mor, against the Israel Lands Authority – demanding that they impose sanctions on Be’Emunah in response to the discriminatory video and their marketing of the project to religious people only.

 

The Israel Lands Authority concluded that video was discriminatory in character and may affect potential buyers. They imposed a significant fine of 323,000 NIS.  The subject of Be’Emunah’s broader, discriminatory marketing to the religious public only, sits with the Attorney General – and we will continue to fight for justice on this issue.

 

I am glad that the Israel Lands Authority imposed this fine, even without the court ordering them to do so, and I hope that this move will deter other discriminatory developers. The important message here is that discriminatory marketing is unacceptable, and excluding people from housing because of their identification with a certain social group is illegal.

 

Yours,

 

Sharon