Mossawa Center criticizes the decision by the Judicial Appointments Committee to appoint only three Arab judges out of a total of 39, stating that this move reflects the ongoing and deeply rooted discriminatory policies within the Israeli judicial system. Mossawa emphasized that such discrimination exists even without the intervention of the right-wing government, demonstrating that racism is entrenched in the selection process itself.
Last week, Mossawa sent an official letter to Justice Minister Yariv Levin, members of the Judicial Appointments Committee, and members of the Knesset Constitution, Law, and Justice Committee, urging them to ensure adequate representation of the Arab community in the judicial appointments process. The letter stressed the importance of adhering to the principle of fair representation for Arab citizens in the judiciary as a whole.
Mossawa noted that it had previously approached the former Minister of Justice with the same demand, calling for respect for fair representation in judicial appointments. However, the current proposals to change the composition of the Judicial Appointments Committee do not address this ongoing injustice. Instead, they further marginalize the Arab community and restrict its opportunities for fair representation.
In its letter, Mossawa highlighted the severe underrepresentation of the Arab community, which constitutes about 20% of Israel’s population, within the judiciary. The data shows that in 2022, the Judicial Appointments Committee appointed 56 new judges, of whom only six were Arab. Moreover, the proportion of Arab judges in Israel does not exceed 7%. Throughout the history of the Supreme Court, there has never been more than one Arab judge serving at a time.
Mossawa further pointed out that the exclusion of the Arab community extends beyond the committee itself to other judicial institutions and decision-making bodies, where Arab representatives are either sidelined or their influence is significantly minimized.
Mossawa also criticized the proposed changes to the composition of the Judicial Appointments Committee, arguing that they grant greater power to the Jewish political majority, whether from the governing coalition or the parliamentary opposition. These changes, Mossawa warned, would result in the complete exclusion of Arab representation in judicial appointments.
The current structure of the committee, regulated by the Basic Law: The Judiciary, includes nine members:
However, under the proposed changes, the Bar Association representatives would be replaced by political appointees (one from the coalition and one from the opposition). This move would effectively eliminate any possibility of Arab representation on the committee.
Mossawa specifically highlighted the situation in the Negev courts as an example of the systemic discrimination against Arab judges. The committee has completely ignored the need to appoint Arab judges in Be’er Sheva’s courts, despite the large number of Arab citizens who rely on these courts daily. Arab lawyers have also complained that their nominations are routinely overlooked by the committee.
The letter also pointed out that courts in other regions, such as Jerusalem and the central district, similarly suffer from the absence of Arab judges, except for courts in Haifa and Nazareth.
Mossawa cited a case from the Be’er Sheva District Court, where a judge sentenced Sheikh Siyah Abu Madgam, a leader of the unrecognized village of Al-Araqib, to ten months in prison. Mossawa noted that the judge’s wife works in the police unit responsible for evicting Bedouin villages, raising concerns about a conflict of interest. Additionally, Mossawa revealed that only two Arab judges have been appointed in the Negev in the past 19 years, with no new appointments since.
Furthermore, Arab employees are almost entirely absent from Be’er Sheva’s courts, reflecting a broader policy of systemic discrimination in the judicial system and the provision of legal services.
Mossawa concluded its letter with a series of demands addressed to Knesset members ahead of the approval of the new judicial legislation. These include:
Mossawa emphasized the need for legal reforms that enshrine the principle of fair representation in all institutions, warning of the consequences of continued marginalization of the Arab community in the judiciary.
Mossawa stressed that achieving fair representation of the Arab community in the Judicial Appointments Committee and the judicial system at large is essential for ensuring justice and equality for all citizens. Mossawa called on the government and relevant authorities to take immediate and concrete steps to address this ongoing discrimination and work towards building a judicial system that genuinely reflects Israel’s diversity.
