In a Precedent-Setting Judgment on a Petition Filed by Adalah, Supreme Court Rules that Affirmative Action Policies in Education Should be Applied for the Arab Bedouin

Today, 24 January 2005, the Supreme Court of Israel ruled on a petition submitted by Adalah in July 2003, which demanded that the Ministry of Education (MOE) assign counselors responsible for preventing pupils from dropping out of school in seven Arab Bedouin towns in the Naqab (Negev) in the south of Israel: Rahat, Lagiyya, Kessife, Tel el-Sabe, Hura, 'Arora, and Segev Shalom. The petitioners asked for the assignments to be made in accordance with the MOE's own criteria. Adalah Attorney Gadeer Nicola filed the petition.

Supreme Court Justices Procaccia, Gronis and Hayut ruled that, "The gap in education – of which the phenomenon of dropping out is a part – between the Jewish and the Arab Bedouin sectors in the Naqab necessitates the application of a policy of minimizing the gap by means of affirmative action, in order to bring, in reasonable time in this case, the Arab Bedouin sector to a starting point similar to that of the Jewish sector, in order to achieve equal opportunities within all social groups. This policy cannot be fulfilled magically within in one day or one month. We must strive to apply this policy consistently and continuously in order to achieve this desired goal. The reasonable pace for achieving the goal of equality is influenced by the all of the circumstances, including the weight of the difference in needs between the different sectors, the object of the inequality."

Regarding the assignment of counselors for pupils at risk of dropping out, the Court ruled that, "There is obvious inequality in the assignment of the counselors among the Bedouin sector in the south in comparison with the Jewish sector. We must seek to remove the gap according to the proportional data that emphasizes the differing needs of each of the sectors. The removal of this gap cannot be done easily, but it is an obligation to achieve this within a reasonable time."

The Court noted in today's ruling that, "In Jewish towns through the country, the percentage of counselor positions assignment is 40% of the recommended number. In the Jewish towns in the south, the assignment percentage is approximately 35%, whereas in the Arab Bedouin towns in the south the assignment percentage is approximately 25% of the recommended percentage. This data shows obvious inequality in the assignment of counselor positions in Arab Bedouin towns in Naqab, both in comparison with all Jewish towns in the country, and to Jewish towns in the Naqab. This inequality is even more severe in light of the large gaps which exist between the rates of dropping out in different sectors. While the rate of dropping out of Jewish pupils in the country is 4.59%, and the percentage of dropping out among Jewish pupils in the south is 4.86%, the percentage of dropping out among Bedouin pupils in the south is 12.56%. In the year 2003, 57% of the pupils in the country were entitled to a matriculation certificate, while in the Arab Bedouin sector there were only 25.6% entitled to this certificate."

"The conclusions from this data," as written in the Court's judgment, are as follows: "there can be no disagreement that the needs of the different population groups in having a system which will properly treat the phenomenon of pupils dropping out from schools, requires equal treatment for different sectors, which can be fulfilled by making the assignments appropriate to the needs. There is a need for counselors for pupils at risk of dropping out throughout the entire educational system, and the value of equality justifies the creation of priorities in assigning these counselors, according to the level of the difference between the needs of the different population groups. Applying the value of equality, however, in the policy of assignment obliges the assignment of more positions to regions and sectors with a worse drop-out problem, and limited assignment in regions and sectors where the problem is less severe. Applying the value of equality might require differences in assignment in order to strengthen needy groups, with less support to privileged groups, in order that, at the end of the day, they will be at the same starting point, and will both be given equal opportunities and chances."

The Supreme Court dismissed the petition, ruling that the state's appointment of counselor positions should be gradual and accomplished within a reasonable timeframe. However, the Court ordered the state to pay legal expenses in the sum of NIS 10,000. Adalah submitted the petition in July 2003, on behalf of 19 individuals, parents of students aged five to seventeen; the Coalition of Parent Associations for the Improvement of the Arab Educational System in the Naqab; the High Follow-up Committee for Education; the National Association of Arab Parent Associations for the Educational System in Israel; and in Adalah's own name. During the course of the litigation, the Minister of Education committed to add 9.5 positions for counselors to assist pupils at risk of dropping out of school in Arab Bedouin towns in the Naqab.

In response to the Supreme Court's ruling, Adalah Attorney Nicola responded that, "We hope that the authorities will take this important ruling seriously, especially regarding the issue of the application of an affirmative action policy in the Arab Bedouin educational sector, and that we will not need to submit a further petition in the future in order the secure the implementation of this ruling."

H.C. 6671/03, Munjid Abu Ghanem, et. al. v. Ministry of Education, et. al.