By Ranna Khalil | Researcher
Dear friends and supporters,
Greetings from the Adalah team.
In this report, we update you about key legal actions undertaken by Adalah to respond to the needs of Palestinians in Israel and in the Occupied Palestinian Territory in order to protect their rights, and recent decisions by Israeli authorities on Adalah's cases.
We bring you examples of our work in three fields: Economic and Social Rights, Land and Planning Rights, and Civil and Political Rights.
Economic and social rights: Returning a Fishing Boat to its Owners in Gaza
On 14 July 2023, Israel was forced to return a fishing boat to its owners in the Gaza Strip following a motion for an interim order filed by Gisha – Legal Center for Freedom of Movement and Adalah to the Haifa District Court sitting as the Maritime Court. The boat was seized by the Israeli navy off Gaza’s coast in late 2022. Gisha and Adalah are representing the boat owners in a principled legal battle against Israel’s illegitimate request to confiscate the boat permanently. The Haifa Maritime Court ordered Israel to return the boat to Gaza “pending the resolution of legal proceedings.”
It is the second boat seized by the navy that the state of Israel has requested to confiscate permanently. On 18 September 2022, Israel was forced to release another fishing boat back to Gaza following a request to the court by Gisha and Adalah. The organizations’ principled legal battle against the state’s attempt to permanently confiscate fishing boats it seizes in Gaza’s sea space, which it will use to punish those who are deemed to ‘violate’ its restrictions and deprive them of their livelihoods, continues.
The seizure of the boats for extended periods has caused grave harm to the livelihoods and food security of several Palestinian families in Gaza. The arbitrary restrictions Israel enforces in Gaza’s “fishing zone” already reduce local fishermen’s possibility of providing for their families and living in dignity. Additionally, the violence used by Israel to enforce its restrictions often results in injury, and sometimes death.
Read more about the cases:
Israel forced to return a fishing boat to its owners in Gaza “pending resolution of the case”, 17 July 2023
Following action by Gisha & Adalah, Israel forced to return fishing boat to Gaza owner, 18 September 2022
Land and Planning Rights: Challenging Railway Land-Grab
In July 2022, Adalah and Bimkom - Planners for Planning Rights filed an objection to the Northern District Planning and Building Committee against a railway plan that will confiscate 1400 dunams of agricultural land in the Arab town of Muqeible in the north of Israel (also known as the ‘Afula-Jenin railway’). Adalah argued that the plan will undermine Muqeible’s future development, the health and safety of its residents and their land.
In late 2022, the Minister of Transport instructed the relevant authorities to review two alternative plans for the railway that were proposed by Adalah and Bimkom, and after the Committee held a hearing in the case in December 2022, it ordered the Israel Railways (a state-owned company) to examine the option of moving the railway farther from Muqeible. On 27 July 2023, the Committee approved the plan and rejected all objections filed against it. However, it accepted the Israel Railways' proposed concession to reduce the plan's area by approximately 100 dunams near Muqeible, aiming to mitigate the harmful impact on the town. The Committee also ordered the construction of a noise barrier and emphasized that landowners from Muqeible are entitled to compensation, as a matter of law.
Civil and Political Rights: Objecting to Proposed Bill Authorizing National Security Minister to Order Administrative Detentions
The Israeli government has lost no time in proposing and promoting laws and implementing policies that violate Palestinians' rights. In July 2023, Adalah sent a letter to the Attorney General and the Ministerial Committee for Legislation, objecting to a private member’s bill (which since was passed into a law) that would authorize Ben-Gvir, the National Security Minister, and other law enforcement entities to issue administrative detention orders, an authority held only by the Minister of Defense. It would also allow them to impose restrictions on leaving the country, on internet use, employment, movement and place of residence; and prohibitions on contact with specific individuals, similar to the 1945 Emergency Defense Regulations.
According to the bill’s explanatory notes, its necessity is due to the “significant increase in severe crime and a drastic rise in murder incidents, especially within Arab society, which also affects innocent civilians”. Adalah argued that these extensive powers undermine a broad range of human rights; that the underlying intention of the bill is to target Palestinian citizens of Israel and to reintroduce tools used against them during the military regime period (1948-1966); and that this bill have been put forward under the false pretext of "fighting crime in Arab society".
Thank you for your continued support.
Ranna Khalil
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