ifda dossier 74 - Dag Hammarskjöld Foundation
ifda dossier 74 - Dag Hammarskjöld Foundation
ifda dossier 74 - Dag Hammarskjöld Foundation
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The process set out in the bill for the<br />
exercise of this power involves entirely<br />
unacceptable violations of the rights of<br />
those affected. The policy may exercise their<br />
discretion to seize property on the basis of<br />
a mere suspicion (which will usually mean<br />
information provided by the security ser-<br />
vices), and arc given wide powers to enter<br />
premises without a search warrant and use<br />
any "reasonable" means necessary in carry-<br />
ing out the seizure, surely leaving associa-<br />
tions open in future to arbitriiry police<br />
raids.<br />
One further point; the court lias power to<br />
order the foreclosure of any property<br />
belonging to an individual or association, ie.<br />
not only that found to have come from an<br />
illegal source. Furthermore the bill provides<br />
that any properly found on premises hcliev-<br />
ed to be used by a "terrorist organisation",<br />
even if only rarely, or in the possession or<br />
control of a member, will be treated as the<br />
property of the organisation unless the<br />
contrary is proved. Therefore, for instance,<br />
private houses of members of associations<br />
may also be raided and anything found<br />
confiscated until the member proves it<br />
belonged to him or her and not to the<br />
association.<br />
.< "Illqul Corporations"<br />
The third innovation provides for the<br />
refusal to register and the closure of organisations.<br />
Non-profit associations arc<br />
regulated by the law of corporations and<br />
must apply for regislr.-i lion on form;ition.<br />
Under the bill llic 1tegistr;ir of Corporations<br />
may refuse to register an "illegal<br />
corporation". which is delinci.1 to include a<br />
"ten-orist org.inisiition". one which serves thc<br />
purposes of a "terrorist ori;;iiiisatioii". or<br />
one which denies the existence of Hie stiite<br />
of Israel. A court may review the decision.<br />
There is also provision tor [lie liquid.-ition<br />
of existing associations by a court on the<br />
same grounds<br />
The target of the Law<br />
So why do the 80 or so registered Arab<br />
non-profit associations believe that they are<br />
among the intended targets of the new law?<br />
Firstly, it is necessary to explain that the<br />
background to these associations is 40 years<br />
of neglect of and discrimination against the<br />
Arab sector in Israel, as well as positive<br />
attempts to obstruct its development by<br />
such means as planning controls. The<br />
Palestinian population, never integrated into<br />
Israeli society and living in separate eom-<br />
niunities, have always been treated as a<br />
different category of citizen to whom little<br />
or no responsibility is due. Although they<br />
pay the same taxes as other citirens, the<br />
Palestinians receive a negligible proportion<br />
of state provision. Not only do Arab local<br />
authorities receive one quarter the amount<br />
pcr cupI;u of their Jewish counterp;irts, but<br />
they arc left out of development projects<br />
and lag far behind the Jewish Sector in<br />
education, social services and every other<br />
field. The Palestinian culture and Arabic<br />
language (supposedly a second official<br />
language in the state) are ignored and<br />
suppressed.<br />
As a result non-profit associations have<br />
grown up in every field. It is not a matter<br />
of parks and sports facilities, hut of basic<br />
services and vit:il projects such as sanitation<br />
systems, garbage trucks and kindergiirtcns.<br />
Funding froni abroad plays a vital role. The<br />
Jewish sector receives hundreds of millions<br />
of dollars annually froni international bodies<br />
such as the World Zionist Organisation and<br />
the Jewish Agency', none of which is seen<br />
by the Arab sector. The Arab sector rcceiv-<br />
es funds Irom Church bodies and other<br />
citi/cns' associations in Europe and tlie US,<br />
and Iron1 wealthy I'alestinians and other<br />
Arabs abro;id. Under the new law, any<br />
lunds received from an Ar:ili source may be<br />
viewed with suspicion and the integrity of