Israeli Judge with Solomon's wisdom , or just ducking the issue?
Israel, Judicial, 2/18/1998

Israel will have a great difficulty in deciding, from a legal point, if an Arab couple is allowed to purchase a lot of land in a Jewish settlement. The president of Israel's Supreme Court, Aharon Barak, admitted the issue is one of the most difficult questions he ever faced in his life as a judge and expressed hopes that a decision will not be made and will be replaced by a some kind of a compromise.

The case started when a couple, Arabs living in Israel, decided to buy the lot of land in the Jewish settlement of Katzir, in Wadi Ara area southwest of Nazareth. The couple, Adel and Iman Qa'dan from the town of Baqa Al Gharbiyeh, presented their petition to the High Court eight months ago. In their petition, they said the state is preventing them from purchasing a lot in the town of Katzir because of their Arab ethnicity. They said they planned to buy the land and build a house but were told that the land could no be sold to non-Jews. Five Supreme Court judges are supposed to deliberate and decide on the petition. Judge Barak had said that his feelings and the feelings of his colleagues maintain that it is far better not to reach a judicial decision on this issue.

³We are not yet ready for this sort of judicial decision, which has unforeseen consequences,² Barak told the parties and his voice sounded a bit unclear as if he did not want to pick up the direct and right words to explain the situation. ³I suggest that you reach a compromise and avoid a judicial decision, since it is hard to know which way it will go.²

The petitioners said that in the village where they live today, the level of infrastructure and services is extremely low, that there is high population density and an unsatisfactory level of education. They said they would like to purchase a home for themselves and their daughters in Katzir, where living standards are higher. However, when they asked at the local council's offices about the project, they were given advice not even to try or think of buying land there. It was made clear to them that they cannot purchase a lot in Katzir, because of a policy not to allow Arabs to reside there.

The petition was presented to the High Court on behalf of the couple by the Israeli Association of Human and Civil Rights' attorney who stressed that this policy "constitutes discrimination by the authorities against the couple on the basis of ethnicity, and violates the democratic character of the state."

On the defendants front are the Israel Land Administration, the Jewish Agency and the Collective Association of Katzir, which claim that in accordance with Zionist values, the community settlement of Katzir is meant for Jews only. Judge Barak advised the attorneys of the responding parties to agree to find a place for the Qa¹dan couple to live, in order to avoid giving a precedent setting judgment on the issue. ³You should take a chance. What would you consider worse - accepting the petition, or accepting the petitioners?² said Barak.

Following Justice Barak¹s recommendation, the parties are now considering the possibility of reaching a compromise, and they will notify the court within two months whether they have succeeded in doing so. Representatives of various parties involved are due to visit the area in a few weeks to discuss if there are any chances that would allow the Arab couple to purchase a lot or to find any other third way without having to set a legal precedent on the issue.

Previous Stories:
  Golan Heights demonstrations in support of Iraq: with background   (2/14/1998)
  Israel continues land confiscation and house demolitions   (2/11/1998)
  Dead man waiting   (12/11/1997)

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