In the affair over the refusal to admit non-Jews to the country club in Hochav Yair Tzur, you see the realities of Israeli social apartheid and the ingrained racism in Israel. Structurally Apartheid already exists in relation to residence, employment and education. When an Israeli Arab applied to join the club, which has good social facilities including a swimming pool, he immediately ran into opposition. Only a small Jewish child could had no objections!
Those with
long memories will remember the bar on Jews joining golf clubs and similar
institutions in this country and the United States. Most of these have now disappeared but in Israel
Jewish local government strains every muscle to keep Arabs out.
long memories will remember the bar on Jews joining golf clubs and similar
institutions in this country and the United States. Most of these have now disappeared but in Israel
Jewish local government strains every muscle to keep Arabs out.
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| Swimming pool in the Lev Hamakom country club – the Jewish residents find it ‘unpleasant’ to have Arabs swimming alongside them |
Below is an
editorial in Ha’aretz concerning the Jewish town of Kochav Yair Tzur. In order to keep Arabs out of its country
club, the Council kindly amended its laws to distinguish between its own
residents (all Jewish) and outsiders.
Nominally this meant Jewish as well as non-Jewish non-residents but in
practice, Jews from outside the town are allowed in.
editorial in Ha’aretz concerning the Jewish town of Kochav Yair Tzur. In order to keep Arabs out of its country
club, the Council kindly amended its laws to distinguish between its own
residents (all Jewish) and outsiders.
Nominally this meant Jewish as well as non-Jewish non-residents but in
practice, Jews from outside the town are allowed in.
Although Israel
has laws banning discrimination in services and goods, just as Britain
does. However it is a law that has as
many holes as a colander. The Knesset kindly
passed a law allowing discrimination between a town’s residents and
non-residents. In Israel this is a cover
for allowing discrimination against Arabs.
has laws banning discrimination in services and goods, just as Britain
does. However it is a law that has as
many holes as a colander. The Knesset kindly
passed a law allowing discrimination between a town’s residents and
non-residents. In Israel this is a cover
for allowing discrimination against Arabs.
 |
| Residents of Umm al-Hiran watch its destruction |
Ha’aretz gives
the example of the Bedouin village of Umm al-Hiran, which Israel demolished in
January to make way for the Jewish town of Hiran. When this issue came up in the High Court the
Justices pretended that the present inhabitants of Umm al-Hiran could live in
the Jewish town when it was built. Now
it turns out that they can only do so if they are believes in the Torah or a
Jewish Israeli!
the example of the Bedouin village of Umm al-Hiran, which Israel demolished in
January to make way for the Jewish town of Hiran. When this issue came up in the High Court the
Justices pretended that the present inhabitants of Umm al-Hiran could live in
the Jewish town when it was built. Now
it turns out that they can only do so if they are believes in the Torah or a
Jewish Israeli!
One suspects
that having found legal fictions in order to disguise the ongoing discrimination against Palestinian
Israelis for 70 years, the High Court is not going to reconsider its
verdict because of changed circumstances.
that having found legal fictions in order to disguise the ongoing discrimination against Palestinian
Israelis for 70 years, the High Court is not going to reconsider its
verdict because of changed circumstances.
This is why Israel’s
High or Supreme Court (the same thing) cannot be seen as a neutral body but is
one imbued with the principles and logic of Zionism.
High or Supreme Court (the same thing) cannot be seen as a neutral body but is
one imbued with the principles and logic of Zionism.
Tony Greenstein
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| Jewish town of Kochav Yair |
Bylaws: No Entry for
Arabs
Israel has
never ceased to demonstrate creativity when it comes to discriminating against
Arab citizens of the state. Hiran and Kochav Yair are just the latest examples
never ceased to demonstrate creativity when it comes to discriminating against
Arab citizens of the state. Hiran and Kochav Yair are just the latest examples
Haaretz
Editorial Aug 09, 2017 3:27 AM
Editorial Aug 09, 2017 3:27 AM
Israel has
never ceased to demonstrate creativity when it comes to discriminating against
Arab citizens of the state. As readers may recall, the state sought to evacuate
and demolish the Bedouin community of Umm al-Hiran to make way for a new Jewish
town called Hiran. In 2015, the High Court of Justice rejected Umm al-Hiran
residents’ arguments against their eviction, asserting that the Bedouin would
still be able to live in the planned Jewish town. Nor did the fact that the
plan for the town included a Jewish ritual bath and a synagogue undermine the
principle of equality, Justice Elyakim Rubinstein wrote.
never ceased to demonstrate creativity when it comes to discriminating against
Arab citizens of the state. As readers may recall, the state sought to evacuate
and demolish the Bedouin community of Umm al-Hiran to make way for a new Jewish
town called Hiran. In 2015, the High Court of Justice rejected Umm al-Hiran
residents’ arguments against their eviction, asserting that the Bedouin would
still be able to live in the planned Jewish town. Nor did the fact that the
plan for the town included a Jewish ritual bath and a synagogue undermine the
principle of equality, Justice Elyakim Rubinstein wrote.
What drives people from the club isn’t the price, but the Arabs. We came to live in a community. Whether we’re racist or not, it doesn’t matter. The fact is that residents are leaving the community center because of the Arab children. It’s not clear why we can’t express our opinion.”
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| Country club in Kochav Yair |
Even then,
it was clear the court was regrettably turning a blind eye to the character of
the planned town and of the agencies establishing it. And indeed, it now turns
out that among the criteria for admission laid down in the bylaws of the Hiran
cooperative association is one requiring an applicant to be “a Jewish Israeli
citizen or permanent resident who observes the Torah and the commandments
according to the values of Orthodox Judaism” (Tuesday’s Haaretz). In other
words, not only is Hiran slated to be inhabited by Jews only, they must also be
Orthodox Jews.
it was clear the court was regrettably turning a blind eye to the character of
the planned town and of the agencies establishing it. And indeed, it now turns
out that among the criteria for admission laid down in the bylaws of the Hiran
cooperative association is one requiring an applicant to be “a Jewish Israeli
citizen or permanent resident who observes the Torah and the commandments
according to the values of Orthodox Judaism” (Tuesday’s Haaretz). In other
words, not only is Hiran slated to be inhabited by Jews only, they must also be
Orthodox Jews.
This lie,
which regrettably gained traction even in the High Court, is additional proof
that the only correct and just solution to this affair is to allow residents of
Umm al-Hiran to return to their land and live there in peace, rather than being
dispossessed in favor of a Jewish town.
which regrettably gained traction even in the High Court, is additional proof
that the only correct and just solution to this affair is to allow residents of
Umm al-Hiran to return to their land and live there in peace, rather than being
dispossessed in favor of a Jewish town.
Another
“Jewish innovation” is an amendment to the law banning discrimination in
selling products and services, or in admission to places of entertainment and
public venues. Under this amendment, a local government can distinguish between
its own residents and those of other towns without this being considered
discrimination, if the distinction is intended to allow it to exercise its
powers for the benefit of its own residents.
“Jewish innovation” is an amendment to the law banning discrimination in
selling products and services, or in admission to places of entertainment and
public venues. Under this amendment, a local government can distinguish between
its own residents and those of other towns without this being considered
discrimination, if the distinction is intended to allow it to exercise its
powers for the benefit of its own residents.
 |
| Tira, the Arab village near Kochav isn’t quite as salubrious |
This
amendment may now play a role in a lawsuit against the town of Kochav Yair-Tzur
Yigal and the organization that runs the town’s country club. To prevent Arabs
from joining the club, its bylaws state that only residents of the town can
join. But the fact that in practice, memberships were also sold to Jews who
weren’t residents of the town, combined with many statements by residents and
members of the town council, show the real intent behind this ban (Or Kashti,
Haaretz, August 4).
amendment may now play a role in a lawsuit against the town of Kochav Yair-Tzur
Yigal and the organization that runs the town’s country club. To prevent Arabs
from joining the club, its bylaws state that only residents of the town can
join. But the fact that in practice, memberships were also sold to Jews who
weren’t residents of the town, combined with many statements by residents and
members of the town council, show the real intent behind this ban (Or Kashti,
Haaretz, August 4).
‘If anyone wants to swim with Arabs, let him take them home. Here there’s no place for it,’ says resident of Kochav Yair-Tzur Yigal
Both Hiran
and Kochav Yair are examples of ugly discrimination against Israel’s Arab
citizens. The justice system cannot close its eyes and legitimize such
discrimination with legal hair-splitting disconnected from the situation on the
ground. While Hiran is a town whose very establishment constituted a
fundamental injustice, and therefore shouldn’t be permitted, the Kochav
Yair-Tzur Yigal case merely requires forbidding discrimination and ordering
that anyone who wants to join the country club be given an equal right to do
so.
and Kochav Yair are examples of ugly discrimination against Israel’s Arab
citizens. The justice system cannot close its eyes and legitimize such
discrimination with legal hair-splitting disconnected from the situation on the
ground. While Hiran is a town whose very establishment constituted a
fundamental injustice, and therefore shouldn’t be permitted, the Kochav
Yair-Tzur Yigal case merely requires forbidding discrimination and ordering
that anyone who wants to join the country club be given an equal right to do
so.
There are
still “portals” in the world that maintain our connection to the
cosmos!
still “portals” in the world that maintain our connection to the
cosmos!
“The
above article is Haaretz’s lead editorial, as published in the Hebrew and
English newspapers in Israel
above article is Haaretz’s lead editorial, as published in the Hebrew and
English newspapers in Israel
Haaretz
Editorial
Editorial
‘If anyone
wants to swim with Arabs, let him take them home. Here there’s no place for
it,’ says resident of Kochav Yair-Tzur Yigal, echoing local sentiment
wants to swim with Arabs, let him take them home. Here there’s no place for
it,’ says resident of Kochav Yair-Tzur Yigal, echoing local sentiment
Or Kashti
Aug 04, 2017 2:48 AM
Aug 04, 2017 2:48 AM
Lev Hamakom
country club, July 2017. Moti Milrod
country club, July 2017. Moti Milrod
For the past
seven years the country club in the local council Kochav Yair-Tzur Yigal in
central Israel has refused to accept Arab members. Yet the community’s Jewish
neighbors were welcome to enjoy the club’s three swimming pools, fitness room,
lawns and other facilities.
seven years the country club in the local council Kochav Yair-Tzur Yigal in
central Israel has refused to accept Arab members. Yet the community’s Jewish
neighbors were welcome to enjoy the club’s three swimming pools, fitness room,
lawns and other facilities.
Some 20
percent of the Lev Hamakom country club’s members are from the Tzur Yitzhak
community and the West Bank settlement Tzofim, to the east of it.
percent of the Lev Hamakom country club’s members are from the Tzur Yitzhak
community and the West Bank settlement Tzofim, to the east of it.
Following a
petition filed by a resident of the nearby Arab village Tira against the club’s
policy three years ago, the club recently decided to sanitize the ban: From now
on, membership will be restricted to Kochav Yair-Tzur Yigal’s residents, who of
course are all Jewish, while no outsiders, Jewish or Arab, will be allowed in,
the local council decided.
petition filed by a resident of the nearby Arab village Tira against the club’s
policy three years ago, the club recently decided to sanitize the ban: From now
on, membership will be restricted to Kochav Yair-Tzur Yigal’s residents, who of
course are all Jewish, while no outsiders, Jewish or Arab, will be allowed in,
the local council decided.
“We don’t
want the Arabs to swim with us,” says a Kochav Yair resident. “When they were
here, it wasn’t pleasant.”
want the Arabs to swim with us,” says a Kochav Yair resident. “When they were
here, it wasn’t pleasant.”
She finds
nothing wrong with banning from the club anyone who doesn’t live in the local
council.
nothing wrong with banning from the club anyone who doesn’t live in the local
council.
“It’s no big deal if that’s the price our Jewish brothers [outside the local council] have to pay.”
The
residents of Tzur Yitzhak and Tzofim agree with her, perhaps because they have
other ways of enjoying themselves in the summer. The idea that Jews and Arabs
can share the same pool appears to many of them unacceptable.
residents of Tzur Yitzhak and Tzofim agree with her, perhaps because they have
other ways of enjoying themselves in the summer. The idea that Jews and Arabs
can share the same pool appears to many of them unacceptable.
Lev Hamakom
country club, July 2017. Moti Milrod
country club, July 2017. Moti Milrod
Israeli Arab
applicant turned down
applicant turned down
Dr. Ahmed
Mansour, an ophthalmologist from Tira, petitioned the Lod District Court three
years ago against Kochav Yair-Tzur Yigal and the organization operating the
country club after his request to buy a club membership for himself, his wife –
a physiotherapist in Tel Aviv’s Ichilov Hospital – and their small son was
denied. The petition was submitted by the Association for Civil Rights in
Israel.
Mansour, an ophthalmologist from Tira, petitioned the Lod District Court three
years ago against Kochav Yair-Tzur Yigal and the organization operating the
country club after his request to buy a club membership for himself, his wife –
a physiotherapist in Tel Aviv’s Ichilov Hospital – and their small son was
denied. The petition was submitted by the Association for Civil Rights in
Israel.
Mansour said
in the petition that there was no swimming pool in Taibeh and Kalansua, the
neighboring towns, while the pool in Tira only opens late in the summer.
in the petition that there was no swimming pool in Taibeh and Kalansua, the
neighboring towns, while the pool in Tira only opens late in the summer.
The court
has debated the petition several times but hasn’t reached a decision.
has debated the petition several times but hasn’t reached a decision.
“There
appear to be good neighborly relations with Kochav Yair,” Mansour said this
week. “My clinic is full of people from there. Many of them shop in our town
too. It becomes a problem only when we also want to be in the country club.
Suddenly, segregation is required. It’s offensive. I could buy membership to a
pool in Kfar Sava despite the distance. But this racism annoyed me. I only want
justice.”
appear to be good neighborly relations with Kochav Yair,” Mansour said this
week. “My clinic is full of people from there. Many of them shop in our town
too. It becomes a problem only when we also want to be in the country club.
Suddenly, segregation is required. It’s offensive. I could buy membership to a
pool in Kfar Sava despite the distance. But this racism annoyed me. I only want
justice.”
“We don’t want the Arabs to swim with us,” says a Kochav Yair resident. “When they were here, it wasn’t pleasant.”
The petition
cites a protocol of a council meeting in Kochav Yair-Tzur Yigal in 2010, before
the decision was made to close the country club to outside residents.
cites a protocol of a council meeting in Kochav Yair-Tzur Yigal in 2010, before
the decision was made to close the country club to outside residents.
“Would it be
possible to market to Tzur Yitzhak the sports center, and then we’ll have fewer
minority members?” asked one council member. Another said: “What drives people
from the club isn’t the price, but the Arabs. We came to live in a community.
Whether we’re racist or not, it doesn’t matter. The fact is that residents are
leaving the community center because of the Arab children. It’s not clear why
we can’t express our opinion.”
possible to market to Tzur Yitzhak the sports center, and then we’ll have fewer
minority members?” asked one council member. Another said: “What drives people
from the club isn’t the price, but the Arabs. We came to live in a community.
Whether we’re racist or not, it doesn’t matter. The fact is that residents are
leaving the community center because of the Arab children. It’s not clear why
we can’t express our opinion.”
However,
according to the document, Arabs comprised only 3 percent of the club’s
members.
according to the document, Arabs comprised only 3 percent of the club’s
members.
After that
meeting the council decided to close the club to anyone who wasn’t a resident
of the community. But later, probably due to the few members who joined, it was
reopened to the residents of Tzur Yitzhak and Tzofim, whose children go to
school in the local council.
meeting the council decided to close the club to anyone who wasn’t a resident
of the community. But later, probably due to the few members who joined, it was
reopened to the residents of Tzur Yitzhak and Tzofim, whose children go to
school in the local council.
“The
admission policy to the club constitutes discrimination based on nationality,”
the petition says, “motivated by public pressure to prevent Arabs from the
region from becoming members.”
admission policy to the club constitutes discrimination based on nationality,”
the petition says, “motivated by public pressure to prevent Arabs from the
region from becoming members.”
The
council’s decision is based on “familiar patterns of segregation in residence
and schools, and creates clear discrimination on the basis of nationality,” the
petition says.
council’s decision is based on “familiar patterns of segregation in residence
and schools, and creates clear discrimination on the basis of nationality,” the
petition says.
Council: ‘A
social-communal consideration’
social-communal consideration’
The local
council said in response that the ban wasn’t nationality-based discrimination
but “a social-communal consideration based on granting priority to residents, a
consideration that is not prohibited by law.”
council said in response that the ban wasn’t nationality-based discrimination
but “a social-communal consideration based on granting priority to residents, a
consideration that is not prohibited by law.”
However,
this may not be merely a local issue. Over the years the state has participated
in financing the country club, also through the Association of Community
Centers.
this may not be merely a local issue. Over the years the state has participated
in financing the country club, also through the Association of Community
Centers.
In March,
while the petition was discussed in court, the Knesset passed an amendment to
the law banning discrimination in products, services and admission to public
places. Under the amendment, the law will not apply to “distinction made by a
local council between its residents and those who aren’t, to the extent
required to carry out its duties or to operate its powers for its residents’
benefit.”
while the petition was discussed in court, the Knesset passed an amendment to
the law banning discrimination in products, services and admission to public
places. Under the amendment, the law will not apply to “distinction made by a
local council between its residents and those who aren’t, to the extent
required to carry out its duties or to operate its powers for its residents’
benefit.”
Following
the amendment, the court instructed the parties to update their positions.
the amendment, the court instructed the parties to update their positions.
At the
beginning of June the Kochav Yair-Tzur Yigal council discussed the issue. “At
the bottom line there are two possibilities,” the council’s legal advisers
said. “You can either enable anyone to buy a membership, or restrict it to
residents only.”
beginning of June the Kochav Yair-Tzur Yigal council discussed the issue. “At
the bottom line there are two possibilities,” the council’s legal advisers
said. “You can either enable anyone to buy a membership, or restrict it to
residents only.”
If
membership is available to anyone who is interested, it could cause an
“overload.” In this case, limiting membership to residents only falls under the
clause of “operating powers for the residents’ benefit,” they said.
membership is available to anyone who is interested, it could cause an
“overload.” In this case, limiting membership to residents only falls under the
clause of “operating powers for the residents’ benefit,” they said.
One of the
council members asked about the current situation, which enables Jews who are
not residents of the local council, but whose children study in it, to be
members. The legal advisers said “there’s no way to defend such a decision, as
it doesn’t comply with the law.”
council members asked about the current situation, which enables Jews who are
not residents of the local council, but whose children study in it, to be
members. The legal advisers said “there’s no way to defend such a decision, as
it doesn’t comply with the law.”
A
non-resident may only enter the country club as a guest of a member who lives
in the local council, they said.
non-resident may only enter the country club as a guest of a member who lives
in the local council, they said.
‘I know
discrimination is wrong, but …’
discrimination is wrong, but …’
Residents of
Kochav Yair-Tzur Yigal appear to agree with this.
Kochav Yair-Tzur Yigal appear to agree with this.
“Our first
concern is for our children,” a resident said. “I know discrimination is wrong.
But we have the right to decide who uses the facilities and who doesn’t,
because it’s our tax money. We should close our community completely.”
concern is for our children,” a resident said. “I know discrimination is wrong.
But we have the right to decide who uses the facilities and who doesn’t,
because it’s our tax money. We should close our community completely.”
Another
said, “We’re a very tolerant community, but there’s something very aggressive
about the Arabs entering the pool with their clothes on. It doesn’t look good.
Since we can’t deny only Arabs from being members, the residents of Tzur
Yitzhak and Tzofim are harmed. It’s regrettable, but there’s no other way.”
said, “We’re a very tolerant community, but there’s something very aggressive
about the Arabs entering the pool with their clothes on. It doesn’t look good.
Since we can’t deny only Arabs from being members, the residents of Tzur
Yitzhak and Tzofim are harmed. It’s regrettable, but there’s no other way.”
A third
resident says, “If anyone wants to swim with Arabs, let him take them home.
Here there’s no place for it.”
resident says, “If anyone wants to swim with Arabs, let him take them home.
Here there’s no place for it.”
Only a
little girl, still in her bathing suit, disagreed. “They don’t get in anyone’s
way. Anyone who wants to should be allowed into the club,” she said.
little girl, still in her bathing suit, disagreed. “They don’t get in anyone’s
way. Anyone who wants to should be allowed into the club,” she said.
Some 200
families from Tzur Yigal and Tzofim are club members.
families from Tzur Yigal and Tzofim are club members.
“I totally
understand Kochav Yair’s decision,” a Tzur Yitzhak resident said. “Nobody wants
Arabs from the whole region to come to his country club. We should focus on
building our own pool instead of going to other places.”
understand Kochav Yair’s decision,” a Tzur Yitzhak resident said. “Nobody wants
Arabs from the whole region to come to his country club. We should focus on
building our own pool instead of going to other places.”
“Jews and
Arabs aren’t the same thing,” another resident says. “They don’t deserve to
swim with us. I’d rather they don’t go in the pool, even if it means I can’t
use it.”
Arabs aren’t the same thing,” another resident says. “They don’t deserve to
swim with us. I’d rather they don’t go in the pool, even if it means I can’t
use it.”
Similar
sentiments were voiced in Tzofim. “It’s a totally sensible decision,” one
settlement resident said. “We’ll manage. At the most we’ll travel a little
farther.”
sentiments were voiced in Tzofim. “It’s a totally sensible decision,” one
settlement resident said. “We’ll manage. At the most we’ll travel a little
farther.”
The manager
of the country club wrote in a statement to the court that memberships are not
sold to residents who are not members of Kochav Yair-Tzur Yigal. He told
Haaretz that the decision went into effect on July 1.
of the country club wrote in a statement to the court that memberships are not
sold to residents who are not members of Kochav Yair-Tzur Yigal. He told
Haaretz that the decision went into effect on July 1.
Last week,
outside the country club, a Tzur Yitzhak resident said she and a few of her
friends bought membership to the club that day.
outside the country club, a Tzur Yitzhak resident said she and a few of her
friends bought membership to the club that day.
A club
official who came out asserted: “You’re a Kochav Yair resident.”
official who came out asserted: “You’re a Kochav Yair resident.”
“No, I’m
not,” the neighbor said. “You never even asked me when I paid for the
membership.”
not,” the neighbor said. “You never even asked me when I paid for the
membership.”
A person who
called the club and said he lived in Tira also received details of the membership’s
price.
called the club and said he lived in Tira also received details of the membership’s
price.
The
Association for Civil Rights in Israel wrote in the response to the court that
“legitimizing closure of public facilities and restricting them to residents
only is a social disaster. In Israeli reality, where wealthy communities sometimes
border poor ones, such segregation leads to inequality in the access to public
resources.”
Association for Civil Rights in Israel wrote in the response to the court that
“legitimizing closure of public facilities and restricting them to residents
only is a social disaster. In Israeli reality, where wealthy communities sometimes
border poor ones, such segregation leads to inequality in the access to public
resources.”
The
association said the Kochav Yair-Tzur Yigal local council is interpreting the
law in a way that’s opposite to the Knesset’s intent. “Instead of reducing discrimination,
it claims the law allows it to exclude anyone who isn’t a resident of the
community. If this interpretation is accepted, wealthy communities will be able
to close their gates to their less wealthy neighbors who cannot afford parks,
sports, culture or entertainment facilities.”
association said the Kochav Yair-Tzur Yigal local council is interpreting the
law in a way that’s opposite to the Knesset’s intent. “Instead of reducing discrimination,
it claims the law allows it to exclude anyone who isn’t a resident of the
community. If this interpretation is accepted, wealthy communities will be able
to close their gates to their less wealthy neighbors who cannot afford parks,
sports, culture or entertainment facilities.”
The Kochav
Yair-Tzur Yigal local council said it “firmly dismisses any attempt to allude
to discrimination. The council’s stance is that all the decisions on the issue
were made in keeping with the law.”
Yair-Tzur Yigal local council said it “firmly dismisses any attempt to allude
to discrimination. The council’s stance is that all the decisions on the issue
were made in keeping with the law.”
Or Kashti
Posted in Blog
