Excerpts of Adalah's proposed constitution - halt to Jewish right to
immigrate to Israel - formula for war

Dr. Aaron Lerner 28 February 2007

The following are excerpts from "The Democratic Constitution" proposed by
Adalah - The Legal Center for Arab Minority Rights in Israel.

The text provides an important warning to withdrawal supporters who think
that a withdrawal to the '67 border would herald an era of utopian peace.

As the saying goes "You Ain't Seen Nothing Yet"

Adalah proposes to open a Pandora's Box of Arab claims for Israeli land and
financial compensation sure to justify future terror and wars against a
Jewish State within any border.

Add to that Adalah proposes to halt the immigration of Jews to Israel unless
for "humanitarian reasons" - "reasons" not to be specially applied to Jews.

Adalah receives financial support from the New Israel Fund

The complete text can be found at:
www.adalah.org/eng/democratic_constitution-e.pdf

---
The Democratic Constitution
February 2007

...

[IMRA: End to "Law of Return" which allows all Jews to immigrate to Israel
and become citizens]

Citizenship
15. The laws of citizenship and immigration will be established on the basis
of the principle of anti-discrimination and will define the arrangements by
which the State of Israel will grant citizenship to:
A. Anyone who was born within the territory of the State of Israel and whose
parent was also born within the territory of the State of Israel;
B. Anyone who was born to a parent who is a citizen of the state;
C. The spouse of a citizen of the state;
D. Those who arrive or remain in the state due to humanitarian reasons,
including those who are persecuted on the basis of political background.

16. The citizenship of an Israeli citizen cannot be revoked.

[IMRA: Creation of committee which gives Israeli Arabs effective veto on
significant Knesset legislation]

Participation in decision-making in the Knesset

20. Model I

A. A parliamentary committee will be formed that will be called "the
Parliamentary Committee for Bilingual and Multicultural Affairs." Half of
the committee members will be members of parliament from parties that by
definition and character are Arab parties or Arab-Jewish parties.

B. No laws will be enacted in the Knesset or statutes approved in
parliamentary committees on issues related to the instructions of this
Chapter without the prior consent of the Parliamentary Committee for
Bilingual and Multicultural Affairs.
However, the Knesset plenum will be authorized to enact or approve such
legislation, overruling the committee's decision, by a special majority of
no less than two-thirds of the members of the Knesset.
C. This article will come into effect during an interim period to be agreed
upon in order to establish and implement the principles of this Chapter.

Model II
A. No bill will be approved by the plenum of the Knesset if 75% of the
members of the Knesset who belong to parties which by their definition or
character are Arab parties or Arab-Jewish parties vote against it under the
reasoning that the bill violates the fundamental rights of the Arab
minority.
B. This article will come into effect during an interim period to be agreed
upon in order to establish and implement the principles of this Chapter.

[IMRA: Redistribution of land to Israeli Arabs and open ended financial
obligation for "personal damages suffered by individuals and their families
since being uprooted"]

Restitution of private land

39. Every resident or citizen whose land has been expropriated or whose
right to property has been violated arbitrarily or because of his or her
Arab nationality under the following laws is entitled to have his or her
property restored and to receive compensation for the period during which
his or her right to property was denied: the Land Ordinance (Acquisition for
Public Purposes) of 1943, and/or the Land Acquisition (Validation of Acts
and Compensation) Law of 1953 , and/or the Absentee Property Law of 1950,
and/or article 22 of the Statute of Limitations of 1958, and/or Regulation
125 of the Emergency (Defense) Regulations of 1945.

Internally-displaced persons

40. All of the Arab citizens of the State of Israel who were uprooted from
their villages or from their place of residence during and after 1948 and
were not permitted to return are entitled to return to their villages and
original places of residence; a mechanism will be formulated in law to
provide appropriate compensation for personal damages suffered by these
individuals and their families since being uprooted, as well as assistance
for building villages and/or homes of an appropriate quality.

The Muslim Waqf

41. Muslim Arab citizens are entitled to the reinstatement of all assets of
the Muslim Waqf, including its revenues, which were held by the Supreme
Muslim Council and transferred as absentee property to the Custodian for
Absentee Property pursuant to the Absentee Property Law of 1950.

[IMRA: Open ended assignment of the Negev to the Arabs]
Traditional title to land

42. The Arab Bedouin citizens of Israel are entitled to recognition of title
to land which is or was possessed by them based on their traditional
patterns of ownership; none of these entitled persons shall be transferred
from their land except with their full and conscious consent.

Alternatives to restitution

43. In cases where there is an objective and genuine obstacle to fulfilling
the right of restitution of land as defined in articles 39-42, an
alternative and fair solution will be formulated with the consent of the
rights holders; if no agreed solution is attained, the decision will be
transferred to a special authority whose powers, working methods and
composition will be established in law and subject to article 20.