Jonathan Cook — Middle East Eye July 9, 2019
The barring of a lawyer and her infant from a public park in the Galilee last week has triggered a legal battle over whether local authorities in Israel can segregate citizens on a racial basis.
Human rights groups have warned that the ban marks a growing trend by local authorities representing the Jewish majority towards explicit separation of public space in ways reminiscent of apartheid South Africa.
An Israeli court will have to decide whether it is reasonable for Afula, a city in the country’s north, to deny non-residents entrance to the main local park, which includes a playground, a small zoo, basketball courts and a running track.
The restriction amounts to a ban on Palestinian citizens from surrounding communities using a public resource, according to Adalah, a legal human rights group representing Israel’s Palestinian minority, one in five of the country’s population.
These 1.8 million Palestinian citizens are the remnants of the native population expelled from their lands in 1948 during the creation of Israel – what Palestinians call their Nakba, or catastrophe.
‘Conquest’ of the park
Afula’s mayor, Avi Elkabetz, has done little to hide his motivation in closing the park to non-residents.
He won a local election late last year on a platform that he would stop what he termed the “conquest of the park” by Palestinian citizens and has urged Afula’s residents to “proudly hoist Israeli flags throughout the park and play music in Hebrew”.
In addition, Adalah observed, Elkabetz and other Afula officials have waged a battle over the past three years to block Palestinian citizens from moving to Afula from overcrowded, neighbouring communities like Nazareth.
The mayor has been involved in a series of demonstrations against Palestinian families trying to buy homes in Afula, including one last month arranged by a far-right, anti-Arab group.
After local elections last year, councillors were made to swear a revised oath that they would “preserve the city’s Jewish character”. Despite protests, the interior ministry did not oppose the change of wording.
Mother and son denied entry
Fady Khoury, an Adalah lawyer overseeing a petition to Nazareth’s district court to repeal Afula’s decision, said it was important to understand that this was not an isolated incident.
“There has always been a lot of racially based segregation in Israel, but it was done quietly, mostly out of view in rural communities and concealed with ostensibly neutral language so that such policies would not arouse scrutiny or criticism,” he told Middle East Eye.
“But now the discrimination is moving centre-stage, into the big cities. It is being done transparently, even proudly. It is a sign of the right’s ever-greater confidence.”
Adalah launched the case after another of its lawyers was barred from the park last week. Nareman Shehadeh-Zoabi, a resident of Nazareth, had hoped to take her one-year-old son there to play.
The guard refused them entry after asking her where she lived. Nazareth, the largest Palestinian community in Israel, is a short distance from Afula.
She noted that land shortages, following widespread government confiscations decades ago, meant Nazareth and other Palestinian communities lacked green spaces and public parks.
Shehadeh-Zoabi told MEE: “It was shocking and humiliating to be told to leave, especially when Jews were being allowed to enter the park without showing any form of identification. It is clear the policy is designed to prevent Arab citizens alone from entering.”
She added: “It starts with a ban on entering parks, but if we don’t challenge this policy of segregation based on ethnicity it will quickly escalate to bigger things.”
Courts wary to intervene
The Afula municipality declined to comment. A spokesman, Kfir Bazak, told MEE that it was not speaking to journalists because the Israeli media had in the past misrepresented its policy.
Adalah hopes it can overturn the park ban using two laws: one that denies municipalities the right to collect fees for public parks, and another that prohibits the denial of services based on various criteria, including place of residence.
Khoury said that, paradoxically, the residency non-discrimination clause was added by the parliament in a 2017 amendment designed to prevent companies from denying services to settlers.
Many Jewish communities in Israel, he added, placed residency restrictions on access to public facilities, such as swimming pools and sports centres, that were covertly designed to exclude Palestinian citizens. The courts had usually been reluctant to intervene.
“In those cases, there is limited space so there is an argument for prioritising local residents. Parks, on the other hand, cannot be treated as an exclusive space.
“The land is given by the state to the municipality and it is designated in city plans as an open area. It’s like a public highway. It can’t be treated as private property.”
He said if the court backed Adalah’s argument, those that are denied entry could sue the municipality.
City of ‘Arab haters’
On a visit to the park at the weekend, however, Afula residents were mostly supportive of the mayor’s move.
Tal Kauffman, aged 41, said he took his young daughter regularly to the park during the summer.
“It’s better this way. This city is known for being full of Arab-haters,” he told MEE. “I’m not against living together but the reality here is that mixing will lead to tension and fights.
“It’s just recognising how people are raised here – to hate Arabs. We have to separate the ideals of politics and real life.”
Most others, however, were more reluctant to ascribe the policy directly to racism.
Tal Cohen, aged 30, who grew up in Afula but now lives in Tel Aviv, was visiting his parents with his wife and children. He said the restriction was necessary because of “bad people”.
“It’s not about Arabs and Jews. It’s to stop troublemakers coming here and using the park. There’s a problem with alcohol and rubbish.”
Adi Aviram, aged 34, was watching over her three young children playing on a slide. She believes non-residents should not be banned but should pay a fee to use the park.
Referring to the widespread segregation in housing between the Jewish majority and Palestinian minority, she said it was good for children from different ethnic groups to meet in the park.
“The fact is if they don’t mix here, they won’t come across each other until they’re grown-ups when they have already developed prejudices. It’s good for the kids to meet each other, play together, hear different languages.”
Some 90 percent of Israelis live in communities that are almost completely segregated on a racial basis, noted Hana Swaid, a former Palestinian member of the Israeli parliament who now heads the Arab Centre for Alternative Planning.
Hundreds of smaller Jewish communities employ admissions committees to bar Palestinian citizens from living there, he added, using the pretext that they are “socially unsuitable”.
“Even the rest who live in the larger, so-called ‘mixed cities’ – like Jerusalem, Haifa, Acre, Lod and Jaffa – are mostly living under a system of partial segregation, with Jewish and Palestinan citizens divided into separate neighbourhoods,” he told MEE.
Fear of mixing
According to the Central Bureau of Statistics, Palestinian citizens comprise less than 1 percent of Afula’s population.
However, small numbers of arrivals from neighbouring Palestinian communities over the past three years have triggered a backlash. The mayor has capitalised on fears among Afula residents that the city is in danger of becoming mixed.
That has effectively happened close by, in Nazareth Ilit, a Jewish city built in the 1950s on the lands of neighbouring Nazareth, the reputed site of Jesus’ childhood and the only Palestinian city to survive the Nakba.
Swaid said the proportion of Palestinian citizens living in Nazareth Ilit may now be as high as 25 percent. Israeli authorities have been reluctant to issue official figures.
Last month, residents of Nazareth Ilit voted to rename their city Nof Hagalil (View of the Galilee) in a move the city’s mayor described as distancing the Jewish city from its neighbour.
Nazareth Ilit’s mayors have refused to build a school teaching in Arabic in violation of Israel’s Education Law – forcing Palestinian parents to send their children to Nazareth’s schools. Education is almost entirely segregated in Israel.
Compared to immigrants
A father with his children in Afula’s park who would only give his name as Nick said he lived in Nazareth Ilit for a time after arriving from Russia in 1992 before moving to Afula.
He warned that Afula would face a similar influx of Palestinian citizens if it did not act to stop it quickly, and compared the native Palestinian population to immigrants.
“Here is like everywhere else. People in London don’t want immigrants coming to their city. We feel the same.”
Last year, Afula city council voted down a move to incorporate in its municipal boundaries the small Palestinian village of Dahi, saying it wanted to “preserve the city’s character”. Beforehand, Elkabetz had referred to the council vote as “one of its most critical meetings ever”.
Judaising the Galilee
Swaid said Afula and other nearby Jewish cities were traditionally seen as “Judaising” – or making more Jewish – the Galilee, a region that had remained dominated by its Palestinian population since 1948.
“The problem is that after decades of government discrimination Palestinian communities like Nazareth lack lands for future housing,” he said.
“Residents have no choice but to seek solutions elsewhere. First they started moving to Nazareth Ilit, now it is Afula. That is provoking a reaction.”
Swaid and Khoury noted that Afula’s officials felt more confident excluding Palestinian citizens after the parliament passed the Nation State Basic Law last year, which has a constitutional-like status.
According to Article 7 of the law, “the state considers the development of Jewish settlement a national value, and will work to encourage and promote its establishment and strengthening”.
Swaid said: “The intention behind the law is to make it possible for cities like Afula to implement segregation.”
Disturbed by Arabic
Ilan Pappe, an Israeli historian and editor of a recent book comparing Israel and apartheid South Africa, said there was widespread support among Israeli Jews for apartheid-style segregation.
A public survey last December revealed that 74 percent were disturbed to hear conversations in Arabic, the mother tongue of a fifth of the population. And 88 percent would be worried if their son befriended an Arab girl.
“The reality today is that you will not a find a single cabinet minister who would be prepared to denounce what Afula is doing,” Pappe told MEE.
“Not only that but all of them would understand or support its actions.”
A Haaretz editorial last summer, during protests in Afula against house sales to Palestinian citizens, noted that not even Israel’s centre-left parties had voiced criticism of the involvement of the mayor and other city officials.
“In Israel … expressions of hatred for Arabs are met with total indifference at best or encouragement at worst,” it observed.
Template for future
Pappe said it was inevitable that with Israeli politicians no longer even paying lip-service to a two-state solution, policies inside Israel would grow more like those in the occupied territories.
“The right’s argument is that there is no difference between the parts of Palestine seized in 1948, which are today Israel, and those occupied in 1967,” he told MEE. “For them, they are the same, they are all Greater Israel.
“The result is that policies towards Palestinian citizens increasingly look the same as those faced by Palestinians under occupation. All will face the same kind of apartheid. The Nation State Law was a template for the future.”
Last year, Kfar Vradim, another Jewish community in the Galilee, halted an auction for land for house-building after several plots were bought by Palestinian citizens.
Some 50 municipal rabbis issued an edict in 2010 against Jews renting or selling homes to Palestinian citizens.
And around the same time the deputy mayor of the city of Karmiel in the central Galilee was implicated in setting up a hotline for residents to inform on neighbours suspected of selling to Palestinian citizens.
Back at Afula’s park, one man admitted to being a Palestinian citizen – from the nearby village of Daburriya. Only giving his name as Abdullah, he said he had been employed by Afula as a park-keeper for four years. He declined to comment on the mayor’s new policy.