The Association for Civil Rights in Israel (ACRI) publishes annual reports on the state of human rights in Israel and occupied Palestine. This article is based on its latest year end 2007 one.

 

ACRI is Israel‘s leading human and civil rights organization and the only one addressing all rights and liberties issues. It was founded in 1972, is independent and nonpartisan, and leads the struggle for these issues in Israel and the Occupied Territories through litigation, legal advocacy, education, and public outreach. ACRI also believes that civil and human rights are universal. They must be "an integral part of democratic community building and….a unifying force in Israeli public life" for everyone, especially those most marginalized, disadvantaged and currently persecuted or neglected.

 

ACRI evaluates the state of human rights annually, and it’s latest report coincided with the December 10, 2007 International Human Rights Day. Its purpose is to cite flagrant violations; note positive trends and developments, if any; and "trace significant human rights-related processes (affecting) Israeli citizens and residents." Reports rely on various information sources: government publications, NGO reports, newspaper and other published materials, parliamentary documents and court litigation.

 

Human rights violations directly result from government policies, actions and inactions, and ACRI’s report is gloomy. It found the Israeli government derelict for having allowed the "blanket" of rights it’s supposed to ensure for Arabs and Jews to erode. As a result, rights violations grow, more people are affected, and those harmed most are on society’s fringes. ACRI’s report is comprehensive and documents them in areas of:

 

— health;

 

— workers’ rights;

 

— the state of Arab Israelis;

 

— education in Sderot;

 

— migrant worker rights;

 

— citizenship and residency status;

 

— human rights in occupied Palestine, highlighting neglect and discrimination in Arab East Jerusalem, Hebron, and the "unrecognized" Negev Bedouins;

 

— freedom of expression;

 

— the right to privacy;

 

— criminal justice; and

 

— the overall destabilization and erosion of democracy in the country. Israel claims to be a democracy. Its record disproves it.

 

ACRI’s evidence is disturbing and compelling, yet it’s appalled by the Israeli public’s indifference. It aims to change this by publicizing its findings so those in government, the media and general population know them and will react to reverse an ugly and damaging  trend. Growing numbers of people worldwide know how Israel harms Palestinians. ACRI’s report shows that Jews are also impacted.

 

Health Care in Israel

 

Israel‘s 1994 National Health Insurance Law has noble guarantees – quality health services for every Israeli resident in accordance with justice, equality and mutual support principles. Ever since, however, Israeli governments violated their obligation, and unequal access has increased. It’s characterized by inadequate funding, privatized health services, a steady erosion in the extent and quality of services provided, and the crowding out of access for the poor and many in the middle class. Defunding public health means private insurance is as essential as it is in the US. The result is two health systems differing markedly in quality – one for the well-off and another for everyone else, including many in the middle class.

 

 ACRI finds it disturbing. The trend undermines Israel‘s social contract with its citizens, violates basic rights, and reneges on the state’s duty under the International Covenant of Economic, Social and Cultural Rights. ACRI focuses on the problem with special emphasis on a growing hospital crisis, the need for expensive supplemental insurance, and how various population groups cope inadequately under very limited and expensive health service access.

 

In recent years, budgets have been cut, and the trend continued in 2007. The Ministry of Health’s per capita allocation is 14% lower than in 2001, and the Ministry’s development budget is 43% lower. Public hospitals have been hardest hit, patient access to quality health care has eroded, and medical personnel are understaffed and aren’t able to provide the best care possible.

 

The Israel Medical Association January 2007 data highlight the crisis:

 

— the hospital beds/population ratio has declined; it was 3.27 per 1000 persons in 1970; a year ago it touched 1.94, the lowest figure among western countries;

 

— the approved number of beds hasn’t increased, the need for them has, and it’s been met by adding "non-approved" beds that comprise up to 30% of the total in hospital internal medicine units (IMUs); the result is growing overcrowding and medical staff unable to cope;

 

— on routine days, average hospital occupancy is 100% compared to 85% in the West; in IMUs it reached 130% and in pediatric units 112%; and

 

— overcrowding and underfunding force early patient releases before they’re ready to go; they also contribute to the spread of infections, viruses and diseases and require doctors and medical staff to be responsible for a growing number of patients, more than they can adequately handle.

 

Ever since the 1994 National Health Insurance Law passed, health services have eroded in violation of its guarantee. The Adva Center advocates for policy changes favoring disadvantaged Israelis. It tallied the damage through last year and found a 44% decline in health service funding with gaps made up for by supplemental insurance. Over 70% of the public have it while the rest rely solely on dwindling national health services that often fail to deliver.

 

Most disadvantaged Israelis lack supplemental insurance: one-third are age 65 or older; 53% are Israeli Arabs; 42% are Jews of Russian origin; while 11% are from the Hebrew-speaking community. A 2007 Physicians for Human Rights report describes how various population groups are disadvantaged. Those furthest removed from Israel‘s social center got poorest access. They include: low wage earners; "unrecognized" Negev Bedouins; East Jerusalem Palestinians; Israelis married to Occupied Territory Palestinians; prisoners; Palestinian spouses of Israeli Arabs; migrant workers; refugees and asylum-seekers; and victims of human trafficking. In total, these groups comprise about 1.25 million men and women.

 

Income alone is a hugely limiting factor, and two studies document it. A 2005 Brookdale Institute one showed that 15% of Israelis forego some medications. Among low wage earners, the figure was 23%. A 2006 Israel Medical Association survey of Israeli Jews found 23% of them abstain from some form of treatment or essential medication with income and family size the main limiting factors. The same survey reported that 56% of Israeli Jews fear they’ll be unable to afford needed medication because of cost, and it estimated that the situation for Israeli Arabs is far worse.

 

The situation is most acute in peripheral areas, especially in southern Israel that’s populated by Bedouin Arabs and new immigrants. Here, socioeconomic status is lowest and so is access to health services that are far below what’s available in Central Israeli cities like Tel Aviv and Haifa: fewer hospital beds, inadequate specialized equipment, fewer specialists, and waiting periods for appointments can take weeks. In addition, for more complicated cases, patients are at risk. Hospitals can only provide preliminary exams, patients must incur time and expense to get to where proper treatment is available, and it can be touch and go in life-threatening cases.

 

ACRI believes that distributive justice demands that the state provide local health services where they’re lacking so all Israelis get equal access to it. That will require funding boosts not now available or planned.

 

Worker Rights and the Unemployed

 

Subcontracted employment is a growing trend in Israel, the practice exploits workers, labor laws are violated, and human rights organizations are taking note. On average, subcontract wages are 60% of standard, few or no benefits are gotten, and worker rights are routinely violated. Most common abuses include: wages below minimum, illegal overtime without pay, firings without severance, social benefits withheld, leave time disallowed or no pay while on leave, lower pay because of illegal deductions and fines, and organizing efforts crushed.

 

The situation is deplorable, organizations like ACRI are addressing it, and the government tops their target list. It’s the country’s largest subcontract employer and the body responsible for making and enforcing the law. Progress for reforms show promise:

 

— in March 2007, the Ministry of Finance’s General Accountant, Yaron Zelekha, directed government ministries to assure that subcontract bidding includes all social benefits workers are entitled to under protective labor laws. ACRI called it a "significant breakthrough" provided they’re enforced; earlier efforts failed because they weren’t;

 

— the same Ministry now requires subcontract companies to present confirmation they’re complying with employment laws;

 

— in June 2007, the Knesset produced a draft bill requiring organizations using subcontract labor to assure worker rights aren’t violated; and

 

— the General Accountant also established a minimum price for employing subcontract workers.

 

Earlier in 2005, the government established the "Mehalev" program that was known as the "Wisconsin Plan" where the idea originated. In principle, it was sound, but in practice it failed. The idea was this – reduce the number of guaranteed income recipients by integrating them into the job market and thus provide better opportunities for more pay and benefits. In fact, the format was unsuitable for many required to enroll, too little investment went into the program, and bureaucratic obstacles overwhelmed its administration.

 

A June 2007 inter-ministerial report assessed the plan, concluded it failed, and recommended a new one be established with a menu of proposed changes. As a result, revisions were made, and a new program called "Employment Lights" began in August 2007 with performance under it yet to be assessed.

 

The Rights of Israeli Arab Citizens

 

The Palestinian population (excluding refugees) is around 5.3 million. About 3.9 million live in occupied Gaza and the West Bank, and another 1.4 million are Israeli citizens comprising 20% of the population of 7,150,000. They live mainly in three heartlands – the Galillee in the north, along the "Little Triangle" in the center, and the Negev in the south. They get no rights afforded Jews even though Israeli Arabs are citizens, have passports and IDs and can vote in Knesset elections. Even so, they’re nonpersons, are systematically abused, neglected, and are confined to 2% of the land plus another 1% for agricultural use.

 

ACRI assesses the damage that shows up in reports and surveys it reviews. They reveal a disturbing trend – increasing racism toward and discrimination against Israel‘s Arab citizens. For example:

 

— the June 2007 Israel Democracy Institute’s "Democracy Index" reported disturbing results explained below, and the data are the highest seen since pre-Oslo;

 

— a March 2007 Center Against Racism report showed a 26% rise in racist incidents against Israeli Arabs in 2006. In addition, an overall negative trend toward Arabs is growing, including feelings of discomfort, fear and hatred. Most disturbing is the government’s attitude and how the media portrays its Arab citizens – stereotypically negative, threatening and as state enemies. Fear and loathing is then sown that, in turn, is translated into actions – threats, assaults, forced separation of Jewish and Arab communities and racist Knesset legislation;

 

— Knesset members (MKs) and public figures want to strengthen the Jewish character of the state and do it legislatively. For example:

 

(1) to make military or national service a prerequisite to vote and get National insurance benefits; Arabs aren’t required to serve in the military, they’re not encouraged to do it, few of them do, and Israel’s Ministry of Defence has discretion under Article 36 of the 1986 National Defence Service Law to exempt all non-Jews;

 

(2) to require MKs and ministers to declare their allegiance to the State of Israel as a "Jewish and Democratic State;" and

 

(3) a 2007 draft bill declaring that Jewish National Fund (JNF) land (about 13% of state lands) should only be for Jews; the bill passed its "preliminary reading" by 64 to 16. In actuality, the government owns about 80% of Israeli land, the JNF another 13%, and Jews and Arabs the rest. The Israel Land Administration (ILA) administers all government and JNF land, controls who gets access to it, and pretty much assures that Arabs can’t buy Israeli land.

 

These and other measures reveal a disturbing pattern – state-sponsored racism against Israeli Palestinians. They’re routinely victimized, punished for being Arabs, and denied equality, dignity, privacy, freedom of movement and everything afforded Jews. Their freedom of expression was also challenged after four Arab documents were published with clearly stated aims – to legislatively mandate equal citizenship rights for all Israelis (Jews, Muslims, Christians and others). Outrage was the response because Jews believe these demands threaten state sovereignty. So do officials like head of General Security Service (GSS), Yuval Diskin. He called Israeli Arabs a "strategic threat," and got Attorney General Menachem Mazuz to agree.

 

Palestinian citizens have no say and are disadvantaged in many ways. They’re routinely denied equal access to public resources in all areas of life, and ACRI highlights the northern rehabilitation program budget as an example. Arab villages there are sorely lacking because of government neglect. Budgeted funds are inadequate, they’re improperly used, Arabs in the north are marginalized, their needs go unaddressed, and 2008 promises to be worse with planned budget cuts.

 

It’s worse still in the south for the Negev Bedouins who comprise half the area’s 160,000 population. They live in villages called "unrecognized" because their inhabitants had to flee their homes during Israel’s War of Independence, couldn’t return when it ended, and are considered internal refugees and "trespassers" on Jewish land.

 

These villages were delegitimized by Israel‘s 1965 Planning and Construction Law that established a regulatory framework and national future development plan. It zoned land for residential, agriculture and industrial use, forbade unlicensed construction, banned it on agricultural land, and stipulated where Israeli Jews and Palestinians could live.

 

Existing communities are circumscribed on a map with blue lines around them. Areas inside can be developed. Those outside cannot. Great latitude is shown Jewish communities, so new ones are added. In contrast, Palestinian areas are severely constricted with no allowed room for expansion. Their land was reclassified as agricultural meaning no new construction is allowed. It means entire communities are "unrecognized" and all homes and buildings there are illegal, even the 95% of them built before the 1965 law passed. They’re subject to demolition and their inhabitants displaced at Israel‘s discretion. It’s so new land for Jews can be provided with Arab owners helpless to stop it.

 

As a result, no new Palestinian communities are allowed, and existing "unrecognized villages" are denied essential services like clean drinking water, electricity, roads, transport, sanitation, education, healthcare, postal service, telephone connections, refuse removal and more because under the Planning and Construction Law they’re illegal. The toll on people is devastating:

 

— clean water is unavailable almost everywhere unless people have access to well water; 

 

— the few available health services are inadequate;

 

— many homes have no bathrooms, and no permits are allowed to build them;

 

— only villages with private generators have electricity that’s barely enough for lighting;

 

— no village is connected to the main road network,

 

— some villages are fenced in prohibiting their residents from access to their trad

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