Arab Citizens of Israel - Legal and Political Status

Legal and Political Status

Israel's Declaration of Independence called for the establishment of a Jewish state with equality of social and political rights, irrespective of religion, race, or sex.

The rights of citizens are guaranteed by a set of basic laws (Israel does not have a written constitution). Although this set of laws does not explicitly include the term "right to equality", the Israeli Supreme Court has consistently interpreted "Basic Law: Human Dignity and Liberty" and "Basic Law: Freedom of Occupation (1994)" as guaranteeing equal rights for all Israeli citizens.

The Israeli Ministry of Foreign Affairs states that "Arab Israelis are citizens of Israel with equal rights" and states that "The only legal distinction between Arab and Jewish citizens is not one of rights, but rather of civic duty. Since Israel's establishment, Arab citizens have been exempted from compulsory service in the Israel Defense Forces (IDF)." Druze and Circassians are drafted into the Israeli army, while other Arabs may serve voluntarily; however, only a very small number of Arabs choose to volunteer for the Israeli army).

Many Arab citizens feel that the state, as well as society at large, not only actively limits them to second-class citizenship, but treats them as enemies, impacting their perception of the de jure versus de facto quality of their citizenship. The joint document The Future Vision of the Palestinian Arabs in Israel, asserts: "Defining the Israeli State as a Jewish State and exploiting democracy in the service of its Jewishness excludes us, and creates tension between us and the nature and essence of the State." The document explains that by definition the "Jewish State" concept is based on ethnically preferential treatment towards Jews enshrined in immigration (the Law of Return) and land policy (the Jewish National Fund), and calls for the establishment of minority rights protections enforced by an independent anti-discrimination commission.

A 2004 report by Mossawa, an advocacy center for Palestinian-Arab citizens of Israel, states that since the events of October 2000, 16 Arabs had been killed by security forces, bringing the total to 29 victims of "institutional violence" in four years. Ahmed Sa'adi, in his article on The Concept of Protest and its Representation by the Or Commission, states that since 1948 the only protestors to be killed by the police have been Arabs.

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