Israel’s Arab Minority Voices Concerns as Government Pushes Controversial Judicial Reforms

Israel’s Arab Minority Voices Concerns as Government Pushes Controversial Judicial Reforms

Israel’s Arab minority is expressing concern over the government’s push for controversial judicial reforms, fearing they will bear the brunt of the hard-right government’s agenda. Since Prime Minister Benjamin Netanyahu’s ruling coalition revealed the reform package in January, Israelis from all walks of life have been marching weekly in protest. Samira Kanaan Khalaylah, a 57-year-old school secretary from the northern Arab village of Majd al-Krum, has referred to the reforms as the worst ever.

Arab or Palestinian Israeli residents, who make up around 20 percent of the population, feel that they are already on the sidelines when it comes to Israeli culture and politics. Khalaylah believes that the coalition’s efforts to limit judicial review of government decisions and undermine watchdogs will further marginalize Arab and Palestinian citizens. The coalition includes far-right politicians known for their anti-Arab rhetoric, raising concerns about the potential consequences for the minority group’s rights and representation.

While large-scale rallies against the government’s legislative agenda have been organized, the Arab community has been noticeably absent from these gatherings. Many Arabs find the presence of Israeli flags at these protests offensive. Instead, they have planned their own rallies in support of equality and to voice their concerns about the reforms.

The main protest movement has been led by activists and army reservists who have been hesitant to address the issues facing the Arab minority and Palestinians, as they fear it may undermine their cause with Israel’s Jewish majority. However, in the northern city of Haifa, Arab demonstrators have held relatively small rallies, carrying banners against the legal overhaul and demanding their rights.

Yousef Jabareen, a lawyer and former lawmaker, warns that the proposed reforms could give the government authoritarian powers that would threaten Arab citizens and their elected representatives. With limited oversight, right-wing forces would have broader powers, potentially influencing government decisions that affect the Arab minority.

One key clause of the reform package, amending the reasonableness clause used by the Supreme Court to overturn unconstitutional government decisions, has already passed through parliament. The court is set to hear petitions against this legal change in September. Other proposals include granting the government greater influence in judicial appointments and downgrading the role of legal advisers attached to ministries.

Netanyahu’s government, which took office late last year, has been focused on expanding settlements in annexed East Jerusalem and the occupied West Bank. Critics argue that the reform package aims to weaken the Supreme Court’s ability to challenge government actions, particularly regarding settlement projects in disputed territories.

Leah Tsemel, a lawyer who has represented many Palestinians in Israeli courts, points out that previous court rulings have failed to protect minority rights, even before amendments to the reasonableness clause. The Supreme Court has upheld controversial laws, such as the 2018 Nation State Law that enshrined Israel’s status as a state for Jews and demoted Arabic as an official language. The court has also approved the transfer of East Jerusalem properties to settler organizations, leading to the eviction of Palestinian residents. Tsemel argues that the court has not adequately recognized Palestinians’ ownership claims over properties in West Jerusalem.

Leading human rights groups have previously concluded that Israel’s legal system and policies amount to apartheid, a claim that Israel denies. The Mossawa Center advocacy group, based in Haifa, warns that the proposed judicial reforms will only worsen the rights violations against the Arab minority and further entrench the occupation of Palestinian territories.

Despite reservations about Israel’s legal system, there has been hope among Palestinians that the court would intervene in unreasonable government decisions. Jafar Farah, director of the Mossawa Center, believes that the erosion of the court’s powers will deepen institutional corruption and affect both Arab and Jewish Israelis.

Israel’s Arab minority has limited political power, with an independent Arab party having only been part of a coalition government once, in 2021-22. While Netanyahu has expressed openness to talks with detractors, his allies pushed ahead with a vote on the reform package, with opposition lawmakers boycotting. Protesters have vowed to continue their demonstrations as hopes for a compromise fade.