ifda dossier 74 - Dag Hammarskjöld Foundation

Israel: A new law threatens the Palestinian right to
organise
A ne\\ serious threat is hanging over the
!)l a estinian ." Arab population in Israel. The
government has introduced a bill in the
Knesset. the Third Amendment to the
Prevention of Terrorism Ordinance 1948,
which is the latcst addition to a wealth of
legislation by which personal and collective
freedoms can he set aside in the name of
"security needs".
Israel's security legislation dates hack to the
British Dclencc (faiergency) Regulations
of 1945 which the new state inherited in
1948 froni the Uritish M;indate which had
preceded it. These Regulations provided for
censorship, administrative detention and
other restrictions on freedom of movement,
opinion and political activity. The powers
given them were administrative, ;ind they
were uscd as the hiisis for the period of
military rule over Arab areas which lasted
until 1066. Various other pieces of cnicr-
genq legislation have been added over the
years, including the Prevention of Terrorism
Ordinance ol 1948 (with which we are
concerned here) which defines a "terrorist
organis:tfion" and sets out of'fenscs in rcl:i-
lion to such organisations. It is important
to note that all this legislation only applies
in a state of emergency; a state of eniergen-
cy was declared in Israel in 1048 and has
never been lined.
This latest addition to llic legislation is
aimed at stopping money froni the I'.l,.O.
which (lie government believes is entering
Israel in large amounts both for use inside
the country and to he channelled to the
Imifudu. The law will affect Kast Jerusalen~,
where Israeli law has applied since its
annexation in 1967, as well as Israel (hut
will not apply in the Occupied Territories).
l-'or reasons which will be explained helow,
the 80 or so non-profit associations which
exist in the Arab sector in Israel, operating
in all fields from education and health to
culture and voluntary work, believe that this
law is intended to be used against them.
The Arab sector is not taking this latest
attack lying down, however, and a vigorous
and intensive campaign is being fought
against the bill, of which the Human Rights
Association (I IRA) is among the organisers.
The proposed Amendment
The governmenls's inlcntion was obviously
to try to rush this bill through the Knesset,
wile attracting the minimum attention. The
Justice Minister introduced it late in the
evening of 23 May when only 14 members
remained in the chamber, and laid it before
the Knesset only 24 hours instead of the
statutory minimum of 48 hours before the
debate. The bill passed its first reading and
is now with the Constitution, Law and
Justice Committee of the Knesset. The
second and third readings are expectcd at
any moment.
1'he hill contains three main innovations:
1. O/Jcnce of receipt of fund.',
An offence is created by receiving or bring-
ing into the country property known by the
recipient to have come from a "terrorist
organisation". Property is very widely defin-
ed to include money, land and any form of
property.
2. Foreclosure of property
Property received directly or indirectly from
a "terrorist organisation", or to be used for
the purposes of such an organisation. may
be seized by the police, following which a
court order must he made for its foreclosu-
re.