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A Mazuz bypass law
By Yitzhak Bam

This week, in an attempt to rescue some of the honor of hundreds of thousands of our forefathers who collected their pennies and dreamed of redeeming the land, the Knesset had its say by a significant majority. With sweeping support it passed, at a preliminary reading, the amendment to the Israel Lands Administration Law, which will enable the ILA to administer the lands of the Jewish National Fund (Keren Kayemeth LeIsrael) according to the fund's goals, and to lease them for Jewish settlement only. The response among the non-Jewish MKs was bitter, and Meretz voiced criticism as well. The word "racism" sneaked in once again, the same old ugly and immoral accusation.

This may be the place to cite what one of our public leaders once said about the JNF's lands: "The lands of the JNF, which were purchased with the money of the Jewish people, are devoted to Jewish settlement, just as the Islamic Waqf is devoted to providing the social needs of the Muslim community." These words were said by Yaakov Hazan, the outstanding, historic leader of Mapam, the left wing of the Zionist labor movement.

The amendment to the law only fulfills Hazan's words. The amendment makes it possible to devote JNF lands to the purpose for which Jews throughout the Diaspora collected their meager funds in the "blue box" - Jewish settlement in the Land of Israel. Anyone who claims that this is racism apparently believes that Zionism is racism, or simply does not understand the legal situation and the reason for the legislation.

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The JNF purchased lands and administered them independently. It leased them for Jewish settlement. With the establishment of the state, the Israeli government, which was suffering from a lack of cash, sold from 1.25 million to 1.5 million dunams of land to the JNF. This was land belonging to refugees who fled the country with the establishment of the state. The JNF paid genuine compensation for the lands and helped to fill the state's coffers.

With the establishment of the state, the JNF was incorporated as a private company, according to the Keren Kayemeth LeIsrael Law. The fund administered its lands on its own. In 1960 the Knesset reorganized the land legislation, and passed three laws. According to the law, JNF lands, such as those belonging to the state and the Israel Lands Development Authority, would be defined as "Israel lands," with their administration entrusted to the ILA, which was established according to the Israel Lands Administration Law. This meant that a government authority took over the administration of the lands belonging to the JNF.

But the ILA promised to administer the JNF lands in accordance with the JNF's goals. Their main purpose is to settle Jews on purchased lands. This commitment was formalized in an agreement between the JNF and the State of Israel. By dint of this agreement, for over 50 years the ILA dealt with JNF lands in accordance with its goals, and everything was orderly and proper.

But in the autumn of 2005, in the wake of an appeal by Adalah - The Legal Center for Arab Minority Rights in Israel, the attorney general ruled in his reply to the High Court of Justice that the ILA was not permitted to administer JNF lands in the spirit of its goals and must lease all the lands it handles (including JNF lands) to anyone, ignoring the JNF's basic purpose and the agreement signed between the state and the JNF.

The bill I formulated while taking part in the Legal Forum for the Land of Israel, on the request of MK Uri Ariel and others, tries to restore the former situation and anchor in law what is self-evident: the ILA's moral obligation and authority to administer JNF lands in accordance with the fund's goals, so that lands purchased with Jewish donors' money will be devoted to Jewish settlement. This is not a law that bypasses the High Court, but a law that bypasses Attorney General Menachem Mazuz. Even if the bill is passed, it does not deny the state's obligation to lease lands to anyone who wants them. It only prevents the state from fulfilling this obligation at the expense of the JNF.

So it is surprising that Meretz chose to send an Arab as its representative to the JNF directorate, just as the party would not send an Arab representative to the administration of the Jewish Agency. His interests are not among the interests and goals of the fund. The representative would almost certainly support the dismantling of the JNF, and almost certainly his purpose for sitting on the board is to neutralize the JNF's basic purpose. It is doubtful whether the Mapam visionaries dreamed of that.

According to the fundamentals of justice and equality, the State of Israel must act for the benefit of all its citizens. The JNF is not obligated to work for non-Jewish settlement. If that is racism, all of Zionism is racism. And its supporters are racists, including Yaakov Hazan and his party, Mapam.

Attorney Yitzhak Bam is a member of the Legal Forum for the Land of Israel. He formulated the amendment to the Israel Lands Administration Law, which passed a preliminary reading in the Knesset.

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  1.   JNF 09:20  |  Hannah 26/07/07
  2.   Badly slanted article forgets UN Resolution 194 09:36  |  Natallie Durson 26/07/07
  3.   #2 the usual fatal error by natallie 09:54  |  victor hardman 26/07/07
  4.   Hannah # 1 10:08  |  Fake Hannah 26/07/07
  5.   Natallie Durson 10:10  |  Samovar 26/07/07
  6.   Where this article misleads..... 10:13  |  Johnboy 26/07/07
  7.   How Much of the Earth`s Surface Do the Arabs Control? 10:25  |  Ben Israel 26/07/07
  8.   For Johnboy 10:36  |  sasha7 26/07/07
  9.   One Jewish state in the world on one small piece of land 11:07  |  Shalom Freedman 26/07/07
  10.   Zionism is stuck in the 19th century 11:14  |  Michael 26/07/07
  11.   Good Article 11:25  |  ER 26/07/07
  12.   The problem with that- Response to #9 11:26  |  symphonyofdissent 26/07/07
  13.   Hello? 11:26  |  sasha7 26/07/07
  14.   Just one question 11:47  |  Hastaroth 26/07/07
  15.   #10 Nicely put, Michael 11:53  |  Johnboy 26/07/07
  16.   michael, #10 11:58  |  ash 26/07/07
  17.   #12 - Factually wrong 12:01  |  JES 26/07/07
  18.   #10 Zionism and 21st century 12:26  |  Alan 26/07/07
  19.   I`m mainly agreeing with you Ash 16 12:35  |  Michael 26/07/07
  20.   The needs of the Sovereign State of Israel 12:46  |  Meir Gush Etzion 26/07/07
  21.   Michael - UK 12:51  |  Sarah 26/07/07
  22.   Alan in NYC, you want racial segregation in America? 12:56  |  Michael 26/07/07
  23.   #19 Michael you still pick what suits to you 12:58  |  Hastaroth 26/07/07
  24.   Sarah - you haven`t solved your own problems 13:01  |  Michael 26/07/07
  25.   #8 Sasha on Johnboy 13:05  |  Credibility 26/07/07
  26.   #20 Meir 13:06  |  Sarah 26/07/07
  27.   #21 Sarah: Holacaust blues? Pay it forward!! 13:08  |  Natallie Durson 26/07/07
  28.   No I don`t Hastaroth 23 13:14  |  Michael 26/07/07
  29.   #24 Michael 13:17  |  Sarah 26/07/07
  30.   #27 Natallie 13:21  |  Tovah 26/07/07
  31.   #27 Natallie 13:23  |  Sarah 26/07/07
  32.   Always happy to hear ideas, Sarah! 13:40  |  Michael 26/07/07
  33.   natalie #27 13:53  |  ash 26/07/07
  34.   michael 14:16  |  ash 26/07/07
  35.   #27: Natalie Durson 14:20  |  Josh Korn 26/07/07
  36.   Michael #32 14:32  |  Restart 26/07/07
  37.   Bam and His Defense of Racism 14:37  |  Yaakov Sullivan 26/07/07
  38.   #2 Natalie Durson. Resolution 194 DOES NOT mention JNF! 14:38  |  Nannette 26/07/07
  39.   By the same logic... 14:43  |  Sensible 26/07/07
  40.   #10 - Michael 14:50  |  JES 26/07/07
  41.   JOOS TRADING IN STOLEN LAND 14:54  |  Muhammud al-Swain 26/07/07
  42.   Ash 34 Because... 15:02  |  Michael 26/07/07
  43.   # 38 Nannette ... thanks for the opportunity to explain more 15:14  |  Natallie Durson 26/07/07
  44.   #43 I AGAIN ASK YOU NATALLIE TO PROVE WHAT WAS STOLEN 15:29  |  paul harris 26/07/07
  45.   Haaretz - why? 15:40  |  Sarah 26/07/07
  46.   paul Harris wants names 15:51  |  Yaakov Sullivan 26/07/07
  47.   Natallie Durson The American TaxPayer 15:52  |  Gil 26/07/07
  48.   Natalie Durson And WIKIPEDIA 16:05  |  Gil 26/07/07
  49.   #3 and #44 demanding details 16:26  |  chris 26/07/07
  50.   Sullivan, does the Church allow you to say anything 16:27  |  David 26/07/07
  51.   David, you should know that! #50 16:45  |  Yaakov Sullivan 26/07/07
  52.   #46YAAKOV WILL ANSWER FOR NATALLIE 16:56  |  paul harris 26/07/07
  53.   Biram and Ikrit 17:08  |  JES 26/07/07
  54.   natallie dursons....re. sarah#21 17:12  |  maria 26/07/07
  55.   do palestinians really own israel? 17:26  |  maria 26/07/07
  56.   natallie durson-the american tax payer? 17:31  |  maria 26/07/07
  57.   #49 chris 17:47  |  Sarah 26/07/07
  58.   The State cannot discriminate 18:08  |  Tosefta 26/07/07
  59.   #55 Maria 18:27  |  Silvia 26/07/07
  60.   Israel land 18:33  |  David 26/07/07
  61.   #57 Sarah 18:47  |  chris 26/07/07
  62.   JES and the spin on Baram and Ikrit #53 18:49  |  Yaakov Sullivan 26/07/07
  63.   #52 paul harris 19:01  |  Boycott 26/07/07
  64.   # 2 Fatma, do you have some knowledge regarding.... 19:02  |  Misha 26/07/07
  65.   #54 maria 19:05  |  Boycott 26/07/07
  66.   # 10 Take my word for it..... 19:17  |  Misha 26/07/07
  67.   #62 - Not spin at all 19:33  |  JES 26/07/07
  68.   Racism 19:39  |  Esther 26/07/07
  69.   Well, Sullivan, does the Church allow you to say anything 19:59  |  Rina Halevi 26/07/07
  70.   #63WHEN WOULD YOU LIKE IT BOYCOTT ? 20:03  |  paul harris 26/07/07
  71.   43 Natalie explain why Israel sold Arab property in 1901??? 20:27  |  Nannette 26/07/07
  72.   46 Paul, they can`t give names, bcause there are none... 20:31  |  Nannette 26/07/07
  73.   66 The end justfies the means eh Misha? 20:55  |  Michael 26/07/07
  74.   JES on Baram and Ikrit #67 20:59  |  Yaakov Sullivan 26/07/07
  75.   Rina Halevi refuses to admit..#69 21:01  |  Yaakov Sullivan 26/07/07
  76.   #70 paul harris 21:10  |  Boycott 26/07/07
  77.   #72THANKS NANNETTE I JUST PUT THEM TO THE TEST 22:15  |  paul harris 26/07/07
  78.   Thanks, Mr. Bam! 22:24  |  Pssd Off American 26/07/07
  79.   Well said, Yitzhak 22:25  |  Sergei Yakovenko 26/07/07
  80.   The Abominable Slowman 23:19  |  Yitzhak Bam 26/07/07
  81.   Israel is a Jewish State 23:22  |  Ron 26/07/07
  82.   # 58 Tosefta and US LAW 23:27  |  Lynn 26/07/07
  83.   Palestinian History goes as far back as the 60`s 23:47  |  Arman 26/07/07
  84.   #49 chris, paul harris, victor hardman re land ownership 23:50  |  Ben Alofs 26/07/07
  85.   I am glad we can agree on something (Lynn #82) 00:51  |  Tosefta 27/07/07