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*Editor's Note: The Yearbook reprints the text of basic legal documents relating to the Jewish National Fund's organization and structure and its more important relationships, to wit, the Fund's initial incorporation as a British company, its subsequent incorporation as an Israeli company, the Fund's relationship with the World Zionist Organization and the Government of Israel, and Israeli legislation that is relevant to its activities. These documents, except for document "H", are taken from an official publication of the Fund entitled Report on Legal Structure and Activity - Keren Kayemeth Leisrael - Jewish National Fund (Jerusalem - no date) The main purpose of reproducing these documents is to show that: (1) the statute of the Fund is typical Zionist - Israeli legislation which is discriminatory in foundation, orientation, organization and operation, (2) the documents exemplify how Palestinian land has been subject to a systematic, well-organized plan of Zionist colonization and consequent dispossession of Palestinians, (3) the definitive control by the World Zionist Organization over the managementof the Fund is indispensable, and (4) the Fund has become an organic branch of the Israeli Government and a department thereof. These documents demonstrate that the Fund has been, since its inception, one of the major tools for conquering Palestinian land and one major source of discrimination. The Fund is currently very active in colonizing lands in the occupied Arab territories. The reader's attention is invited to certain editorial notes: (1) unless otherwise noted, all footnotes, and Hebrew dates, in the original text are omitted. The notes appearing are those of the Yearbook, (2) not all documents are being reproduced in full, but deleted provisions are noted, and (3) terms and phrases in bold letters are added for emphasis.
1. This is a clear expression of the very early Zionist territorial designs of what the "Jewish State" would be. The definitive territorial plan was submitted by the World Zionist Organization to the Paris Peace Conference in 1919. For the text of that plan see II Hurewitz, Diplomacy in the Near and Middle East - Documentary Record: 1914 - 1956, at 45 (1956). This territorial definition has been paraphrased in the post-State era. See note 1-C. infra. 2. Sir John Hope Simpson reported in 1930 to the British Secretary of State for the Colonies that the result of the Fund's activities was that "that land has been extra territorinlized It ceases to be land from which the Arab can gain any advantage either now or at any time in the future." See, Palestine - Report on Immigration, Land Settlement and Development, Cmd. 3686, at 54. 3. This restriction led to the creation of a closed settlers economy in Palestine where, the land having been acquired as Jewish property, labour must also be Jewish. An Arab "is deprived for ever from employment on that land." Id., See also Article 3 (e) of the 1929 Constitution of the Jewish Agency which dictated that it "shall be deemed to be a matter of principle that Jewish Labour shall be employed." This policy is still strictly adhered to in Israel. See Agricultural Settlement (Restrictions on Use of Agricultural Land and of Water) Law-1967 in 21 LSI, at 105. For a legal analysis of this law, see, Jiryis, Recent Knesset Legislation nnd the Arabs in Isrnel, Journal of Palestine Studies, vol.1, (Winter, 1971) at 53. See also document "H", infra, at 221.
4. This phrase is repeated several times in the text of these documents. It is in conformity with Article 3(d) of the Constitution of the Jewish Agency which reads: Land is to be acquired as Jewish property, and ... the title to the lands acquired is to be taken in the name of the Jewish National Fund, to the end that the same shall be held as the inalienable property of the Jewish people. See also Article 10 (2) thereof.
5. It was originally incorporated in England in 1899 pursuant to a resolution passed by the Second Zionist Congress (Basle, August 1898).
6. The Bank, a subsidiary of the Jewish Colonial Trust Ltd., was established in Jaffa, Palestine in 1903.
· The accompanying English text of the Law is that of the Fund. For an official English translation from Hebrew, See 8 LSI, at 35. 1. I the Laws of Palestine, at 161 (Drayton, ed., 1934) Article 119 A was added by virtue of an amendment that was passed by the Knesset on August 10, 1950. See 4 LSI, at 185. This article regulates the transfer of a foreign company's undertakings, business assets and liabilities to an Israeli company. 2. Article 112, as amended, prohibits the carrying on of business by a company with fewer than seven members, or in the case of a private company, two members. 3. The two paragraphs prohibit companies registered without the word "limited" as part of their names from borrowing money by the issue of debentures without the express licence of the High Commissioner of Palestine. 4. Official Gazette (Palestine) No. 1305, Supp. 1, December 10,1943, at 44. According to Section 22, any person or local authority can apply to the High Commisssioner of Palestine requesting him to acquire land in Palestine on his/its behalf but for the use of such person or entity. If in the opinion of the High Commissioner the acquisition "is likely to prove useful to the public," he will proceed with the acquisition. By treating the Fund as a local authority under this Law the intention is obviously to grant the Fund the right of acquisition of Palestinian land and such acquisition will be deemed to have been for "public purpose." 5. II The Laws of Palestine, at 888 (Drayton, ed. 1934) 6. The title appears as Insurance Business (Superintendence) Law - 1951 in 5 LSI, at 142.
7. In both modifications, the intention is to make the arrangement automatically accomplished without making an application to the Court, or obtaining a certificate from the Ministry of Justice confirming that the arrangement "is in the public interest" or that the assets of the foreign company are "situated in Israel."
1. Compare this definition with that accompanying note 1-A. The new definition, as in all Israeli laws defining territory, is very murky and evasive. See e.g., the definition given in the Schedule attached to the Emergency Regulations (Security Zones). It defines the "territory of Israel" as "the area in which the law of the State of Israel applies." 3 LSI, at 56, 57. See also the 1967 amendment to Law and Administration Ordinance of 1948 in 21 LSI, at 75, which provided for the annexation of East Jerusalem to Israel. Obviously, Israel defines its territory by the outer limits of its law enforcement.
2. This is a curious combination of Jewish religion, Jewish race and Jewish origin. The legal definition of a "Jew" is found in Art. 4B of the Law of Return (Amendment No. 2) - 1970 in 24 LSI, at 28. 3. The phrase "poor Jews" appears to be subordinate to the primary objective set out in Article 3 (a) thereof. See the text accompanying note 6. infra.
4. This restriction necessarily means that no dealings or transactions could be carried out except with Zionist organizations. 5. Ownership, once established as Jewish, will ever remain Jewish. It will never be permitted to transfer said ownership to non-Jewish persons or entities. See supra note 4-A.
6. See note 3. supra.
7. The link between the Fund and the World Zionist Organization (WZO) is firmly established. The former is a wholly owned subsidiary of the latter. The link between WZO and the State of Israel is also established by virtue of the World Zionist Organization - Jewish Agency (Status) Law-1952 in 7 LSI, at 3, and the Covenant between the Government of Israel and the Zionist Executive of 1954. For the text of the Covenant (which is not available in the Laws of Israel-English version), see Mallison, The Legal Problems Concerning the Juridical Status and Political Activities of the Zionist Organization/Jewish Agency: A Study in International and United States Law 9 Wm & Mary L. Rev. 554 at, 626 (1968) 8. Irrespective of the citizenship status of the listed subscribers, they are deemed "public servants" for the purpose of Israel's Penal Code. Article (2) thereof defines a "public servant" to m;,an: (6) an employee of the World Zionist Organization, the Jewish Agency for Israel, the Keren Kayemeth Le-Israel and the Keren Hayesod-United Israel Appeal, including a member of the board or management of any of tbese bodies; LSI- Special Volume, Penal Law- 1977. For the jurisdiction of Israeli courts see Art. 6 (a) (2) and the Schedule thereof.
* The text of this translation is not binding, the only authentic text being the Hebrew original [note in the original]. The official English translation of this Covenant does not appear in the Laws of the State of Israel-English version. 1. The term "people" does not appear to be consistent with the basic objective of the Fund. To he in conformity therewith it should read the "Jewish people". The official translation from Hebrew into English or Arabic is, sometimes, not accurate. For example, in the English official translation of the Status Law, the phrase "Jewish people" has been used in Article (1). See supra note 7-C. In the Arabic official translation however, that phrase was interpreted as the "Israeli people". See Al-Waqai' Al-Israiliya - Laws Book No. 112, December 2, 1952. 2. Text in E supra.
3. I The Laws of Palestine, at 7 10 (Drayton, ed. 1934).
* For official translation, see 14 LSI, at 48. Both versions are identical except for the spelling of "Le-Israel" as always used in the Governments's text, and "Leisrael" in the Fund's translation. For a legal analysis of laws listed in E,F, & G, see, Jiryis, supra, at 20.
* For official translation, see 14 LSI, at 49. 1. The Development Authority was constituted pursuant to Development Authority (Transfer of Property) Law in 4 LSI, at 151. This Governmental agency ultimately received from the Custodi- an of Absentees' Properties all of the Palestinian immovable properties. 2. 7 LSI, at 43. 3. 4 LSI, at 68. This was the second, but more comprehensive enactment that Israel had put into force for the "legal" usurpation of Palestinian land. The first legislation concerning land usurpa- tion was the Abandoned Areas Ordinance, in 1 LSI, at 25.
* For official translation, see 14 LSI, at 50. 1. 13 LSI, at 87. Article 19 deals with the appointment of State employees.
2. 5 LSI, at 45. This law basically deals with the property of the Palestine authorities and the transfer thereof to the State of Israel. It also declares in Article (3) that "Ownerless property situated in Israel is property of the State of Israel as from the day of its becoming ownerless or as from 15th May, 1948, whichever is the later date." 3. 4 LSI, at 151. 1.
* This document was supplied to the Yearbook by courtesy of Dr. Walter Lehn, author, in association with Dr. Uri Davis, of TheJewish National Fund (Routledge & Kegan Paul, London, forthcoming). The Editor expresses his appreciation to the author for permission to use this document. The 48-Article Lease Contract is partially reproduced herein with very minor editorial changes.
l. The term "damage" means, in the context of clause 25, that the Lessee has employed "non-Jewish labour".
* Editor's Note The following English translation of the Accord is based on the text released by the Speaker of thePalestineNational Council, Sheikh Abdul Hamid Al-Sayeh, during his visit to Kuwait on February 23, 1985. The notes added are based on the explanation made by the Speaker, who stated that when the PLO Executive Committee reviewed the final text of the Accord, it expressed its desire to make the changes noted herein. These changes were communicated to the Jordanian Government. The Accord, signed on February 1l, 1985 undoubtedly raises serious constitutional questions with regard to the authority of the PLO Executive Committee to enter into such an agreement. I. The PLO Executive Committee desired to have the term "and inalienable" added after (established). 2. The Executive Committee wanted also to have the phrase (achieve Israeli withdrawal) instead of the bracketed phrase. 3. The Jordanian Government draft suggested a "joint Jordanian-Palestinian" delegation. The PLO suggested a "joint Arab delegation in accordance with the Fez Summit resolutions."
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