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An Examination of the Policy of Employing Palestinian Laborers in the Israeli Construction Industry

By | Demographics, Recent

This article surveys the long-standing Israeli policy in the field of employing Palestinian laborers from Judea and Samaria in Israel and presents the changes that have occurred in this policy since the beginning of Israeli control over Judea and Samaria.

Impetus for conducting this study was rooted in the personal testimonies that have steadily accumulated over recent years regarding the infringements of the Palestinian laborers’ social benefits rights and of the flaws in the distribution of permits to Israeli employers which have a detrimental effect upon the efficiency of the Israeli construction sector.

In this study, we related to the shortcomings presented in the State Ombudsman’s Report for 2014. The report indicated the lack of a uniform and systemized policy for allocating permits to employers, a lack of supervision over the awarding of social benefits to Palestinian laborers, and to the existence of a restrictive arrangement which results in Palestinian laborers being obligated to work for a single Israeli employer without the option of transferring to another. One very negative consequence of this arrangement is the dependence of laborers in agents to ensure the continuity of their employment, a service which costs them a high percentage of their income.

In light of these shortcomings, we examined the effectiveness of the reform in this field authorized by the Ministry of Finance in October 2018. The study found that the reform solves most of the problems caused by the existing policy and can be primarily successful in negating the cartel and in increasing enforcement aimed at ensuring provision of social benefits for laborers in accordance with the terms of Israeli law.

Finally, the study recommends complementary measures to the reform, including ongoing guidance for Palestinian laborers regarding their social benefits and the imposition of financial penalties on contractors who were found to have used the services of agents. The study also highlights the importance of establishing the payments and clearing system with the Palestinian Authority as recommended by the reform. This system will serve to prevent cash payment to the laborers, payment that increases the risk of infringement of the laborers’ social benefits rights.

To the full research…

The Status of Former Jewish Assets in Judea and Samaria – Rethinking the Court’s Ruling in Valero

By | Demographics, Recent

This paper is the first in a series of student academic essays published by the IZS as part of 2019 Call for Papers project. It explores the status of the former Jewish properties in Judea and Samaria that were seized by Jordan in 1948. Contrary to the Supreme Court’s ruling in the Valero case (2011), this paper concludes that Israel legally can, and should, return the property to its former owners.

To learn more about the arguments supporting this conclusion, read the full research.

Here is a link to a short YouTube video

https://youtu.be/fWpKEh7If6c

Law Enforcement In The Arab Sector

By | Recent, Rights, Duties and Law

Three years following the October 2000 events, the Or Commission published its recommendations for the improvement of the relations between the Israeli police and the Arab society. The commission’s report made recommendations in three major areas: the treatment of Israeli Arabs as non hostile, the promotion of dialogue and cooperation between the police and the Arab society, and equal enforcement of the law in the Arab sector. This paper examined the degree to which these recommendations have been implemented in the 15 years since the issuance of the Orr Commission’s report.

With regards to the treatment of Arabs by the police, we found that the Israeli police uses excessive force towards the Arab society compared to the Jewish society. However, based on the data examined, it is hard to determine whether this is the result of discriminatory practices or the relatively high friction between the police and parts of the Arab population. In addition, the Arab sector is, to some extent, subject to over-policing. In recent years, the percentage of arrests that didn’t result in pressing charges among Israeli Arabs was significantly higher than its equivalent in the Jewish sector. These issues have probably accounted for the decline in the level of trust in the police among Israeli Arabs since 2003.
With regards to strengthening the dialogue between the police and the Arab sector, we found that government decisions aimed at expanding the Civil Guard apparatus in the Arab sector have been partially implemented. Moreover, Arab volunteers in the police make up a small part in proportion to their share in the population.

With regards to equal law enforcement in the Arab sector, we found that major Arab cities are still lacking in police stations. This is in part the result of objections by some of the Arab municipalities to allocate lands for the purpose of establishing new police stations. In addition, Arabs’ participation rate in the police force is much lower than their share in the population. Efforts to tackle these problems have been made as part of the implementation of government decision No. 922.

Our research concludes that, in the 15 years since the issuance of the Orr Commission’s report, there have been minor improvements, however, there is still a lot to be done to amend the relationship between the Israeli police and the Arab sector. For this to happen, the Israeli government should take measures against police officers who use excessive force and continue to promote equal law enforcement. It is also critical that Arab leaders and elected officials work together with the Israeli police to encourage more Israeli Arabs to join the police.

To the full research…

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