NAZARETH // The Israeli government is facing legal action for contempt over its refusal to implement a Supreme Court ruling that it end a policy of awarding preferential budgets to Jewish communities, including settlements, rather than much poorer Palestinian Arab towns and villages inside Israel.
The contempt case on behalf of Israel's Palestinian minority comes in the wake of growing criticism of the government for ignoring court decisions it does not like - a trend that has been noted by the Supreme Court justices themselves.
Yehudit Karp, a former deputy attorney general, compiled a list of 12 recent court rulings the government has refused to implement, but legal groups believe there are more examples. Many of the disregarded judgements confer benefits on Palestinians, either in the occupied territories or inside Israel, or penalise the settlers.
Critics have accused the government of violating the rule of law and warned that the defiance has been possible chiefly because right-wing politicians and religious groups have severely eroded the Supreme Court's authority over the past few years.
Senior members of the current right-wing government of prime minister Benjamin Netanyahu, including the justice minister, Yaakov Neeman, have repeatedly criticised the court for what they call its "judicial activism", or interference in matters they believe should be decided by the parliament alone.
Legal experts, however, warn that, because Israel lacks a constitution, the court is the only bulwark against a tyrannical Jewish majority abusing the rights of the country's 1.3 million Palestinian citizens, as well as 4 million Palestinians living under occupation in the West Bank and Gaza.
Ilan Saban, a law professor at Haifa University, said: "Unlike most - if not all - other democracies, Israel lacks a political culture that respects limits on the power of the majority."
Even the protections offered by Israel's basic laws, he said, were not deeply entrenched and could easily be re-legislated. The lack of both a formal constitution and a tradition of political tolerance, he added, was "a dangerous cocktail".
Israel's liberal Haaretz newspaper went further, warning recently that, in "slandering the judiciary", government officials had provoked a crisis that could "lead to the destruction of Israeli democracy".
The country's highest court is due to rule in the coming weeks on whether the government is in contempt of a ruling the court made four years ago to end a discriminatory scheme, known as the National Priority Areas (NPA), that provides extra education funding to eligible communities.
The High Follow-Up Committee, an umbrella political body representing Israel's large Palestinian minority, launched the case because only four small Palestinian villages were classified in NPAs, against some 550 Jewish communities. The scheme, introduced in 1998, is believed to have deprived Palestinian citizens, a fifth of the population, of millions of dollars.
Although the court ruled in February 2006 that the scheme must be scrapped, the government had issued a series of extensions until at least 2012.
Sawsan Zaher, a lawyer with Adalah, a legal centre that launched the contempt petition, said: "This case has become a symbol of how the government refuses to implement decisions it does not like, especially ones relating to constitutional protection and minority rights."
However, she said that punishing the state for its actions would not be easy. "After all, the court is not going to jail the government. The best we can hope for is a fine."
The NPA case is only one of several that have highlighted a growing trend of law-breaking by the government.
Ms Zaher said Adalah had at least half a dozen other cases in which it was considering contempt actions. Most referred either to the treatment of Bedouin villages in the Negev the state refuses to recognise and to which it denies services, or to the failure to allocate equal resources to Arab schools.
The Association of Civil Rights in Israel, the country's largest legal rights group, in its most recent annual report, listed several examples of Supreme Court orders to dismantle sections of the separation barrier built on Palestinian land in the West Bank that have been disregarded.
In one hearing, in October 2009, Dorit Beinisch, president of the Supreme Court, accused the government of taking "the law into its own hands" and treating her rulings as "mere recommendations".
She had been angered by the fact that an order to remove the barrier around the Palestinian village of Azzoun, near Qalqilya, had been ignored for three years. The judges had learnt that the hidden reason for building the barrier had been to help expand the neighbouring settlement of Tzufim.
Late last year, the justice minister, Yaakov Neeman, warned that he was considering legislation that would allow the parliament to bypass the Supreme Court, even in cases where the judges have struck down a law on the grounds that it contravenes a basic law.
The government's flouting of these rulings has been possible because of growing public disenchantment with the courts, observers have said.
foreign.desk@thenational.ae
The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
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UAE currency: the story behind the money in your pockets
Easter%20Sunday
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The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
DIVINE%20INTERVENTOIN
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COMPANY%20PROFILE
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A MINECRAFT MOVIE
Director: Jared Hess
Starring: Jack Black, Jennifer Coolidge, Jason Momoa
Rating: 3/5
The White Lotus: Season three
Creator: Mike White
Starring: Walton Goggins, Jason Isaacs, Natasha Rothwell
Rating: 4.5/5
Safety 'top priority' for rival hyperloop company
The chief operating officer of Hyperloop Transportation Technologies, Andres de Leon, said his company's hyperloop technology is “ready” and safe.
He said the company prioritised safety throughout its development and, last year, Munich Re, one of the world's largest reinsurance companies, announced it was ready to insure their technology.
“Our levitation, propulsion, and vacuum technology have all been developed [...] over several decades and have been deployed and tested at full scale,” he said in a statement to The National.
“Only once the system has been certified and approved will it move people,” he said.
HyperloopTT has begun designing and engineering processes for its Abu Dhabi projects and hopes to break ground soon.
With no delivery date yet announced, Mr de Leon said timelines had to be considered carefully, as government approval, permits, and regulations could create necessary delays.
SHAITTAN
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RESULTS
Lightweight (female)
Sara El Bakkali bt Anisha Kadka
Bantamweight
Mohammed Adil Al Debi bt Moaz Abdelgawad
Welterweight
Amir Boureslan bt Mahmoud Zanouny
Featherweight
Mohammed Al Katheeri bt Abrorbek Madaminbekov
Super featherweight
Ibrahem Bilal bt Emad Arafa
Middleweight
Ahmed Abdolaziz bt Imad Essassi
Bantamweight (female)
Ilham Bourakkadi bt Milena Martinou
Welterweight
Mohamed Mardi bt Noureddine El Agouti
Middleweight
Nabil Ouach bt Ymad Atrous
Welterweight
Nouredine Samir bt Marlon Ribeiro
Super welterweight
Brad Stanton bt Mohamed El Boukhari
At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
Infobox
Western Region Asia Cup Qualifier, Al Amerat, Oman
The two finalists advance to the next stage of qualifying, in Malaysia in August
Results
UAE beat Iran by 10 wickets
Kuwait beat Saudi Arabia by eight wickets
Oman beat Bahrain by nine wickets
Qatar beat Maldives by 106 runs
Monday fixtures
UAE v Kuwait, Iran v Saudi Arabia, Oman v Qatar, Maldives v Bahrain
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Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
The specs: 2018 BMW X2 and X3
Price, as tested: Dh255,150 (X2); Dh383,250 (X3)
Engine: 2.0-litre turbocharged inline four-cylinder (X2); 3.0-litre twin-turbo inline six-cylinder (X3)
Power 192hp @ 5,000rpm (X2); 355hp @ 5,500rpm (X3)
Torque: 280Nm @ 1,350rpm (X2); 500Nm @ 1,520rpm (X3)
Transmission: Seven-speed automatic (X2); Eight-speed automatic (X3)
Fuel consumption, combined: 5.7L / 100km (X2); 8.3L / 100km (X3)
Globalization and its Discontents Revisited
Joseph E. Stiglitz
W. W. Norton & Company
WHAT%20MACRO%20FACTORS%20ARE%20IMPACTING%20META%20TECH%20MARKETS%3F
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Election pledges on migration
CDU: "Now is the time to control the German borders and enforce strict border rejections"
SPD: "Border closures and blanket rejections at internal borders contradict the spirit of a common area of freedom"
Match info
Premier League
Manchester United 2 (Martial 30', Lingard 69')
Arsenal 2 (Mustafi 26', Rojo 68' OG)
The Details
Article 15
Produced by: Carnival Cinemas, Zee Studios
Directed by: Anubhav Sinha
Starring: Ayushmann Khurrana, Kumud Mishra, Manoj Pahwa, Sayani Gupta, Zeeshan Ayyub
Our rating: 4/5
