98 | THE FORGOTTEN PALESTINIANS
against Jewish citizens but quite often against Palestinian citizens. A very
illuminating example of this is the law and practice against those in the
state who do not serve in the army. Two groups are exempted, although
not legally: the Palestinians and the ultra-orthodox Jews. The former pay
a high price in employment, welfare benefits, national insurance policy
and other aspects of life, whereas the latter, if anything, get preferential
treatment in some of these areas and equal treatment in others. Thus,
initiatives to develop a basic law (a constitutional law which is very hard
to abolish) ensuring human rights and equality were never completed in
the period described in this chapter, while preferential laws for those
serving in the army, code for Jews only, were pushed through.
5
The first step towards articulating afresh the legal status of the
Palestinians in Israel commenced in 1965. This was done within the
framework of the law for the Population Registry. In brief, the law dealt
with the question of who was an Israeli citizen, or rather, it answered the
question of whether there was an Israeli nationality in the negative. As
Nadim Rouhana has put it: ‘there is no Israeli nation’ as such; there are
only Arabs and Jews in the Israeli state.
6
There was Israeli citizenship but
only Jewish nationality and non-Jewish affiliation to religious groups (as
mentioned in Chapter 2, the Druze community formed a separate reli-
gion). The very legal status of people with a national identity and others
who were without nationality laid the foundation not only for discrimi-
natory policies but also for a racist public mood. The differentiation
between nationality, accorded to the majority group, and the sectarian or
religious identity allowed to the others, created a legal discrimination
that no future egalitarian law could alter. Thus, although during this
period (from 1967 to 1977) several laws were passed that spoke the
language of equality, nonetheless these made no difference to the daily
experience of Palestinians in Israel. The main reason was that the basic
laws, those constitutional laws that were there, as powerful as a constitu-
tion in other countries, remained discriminatory and biased. The
amendments introduced to these laws did not change their spirit or
impact. The most important law was the Israel Land Law, which still
affirmed during that period that 90 per cent of Israeli land should belong
to the Jewish people and therefore could not be sold to non-Jews.
7
The
second was the basic law of elections that prohibited the eligibility of
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20
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30
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36x