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Second Municipal Elections in Judea and Samaria Under Israel Administration: Legislative Changes

Published online by Cambridge University Press:  12 February 2016

Moshe Drori
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Legislation
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Israel Law Review , Volume 12 , Issue 4 , October 1977 , pp. 526 - 540
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Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1977

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References

1 See Elections 109 ff.

2 See Chambers of Commerce 37–38. In addition to elections in Jenin (ibid.) elections were held in Shechem (11 January 1973), Kalkiliah (15 February 1973) and Jericho (12 April 1974).

3 On the rural councils, see Local Authorities 59.

4 See Legislation 125, n. 71. As for the wishes of the inhabitants, see the preamble to the Order Concerning the Holding of Elections to the Rural Council of Baitta (Judea and Samaria) (No. 570) 1975 (CPOA, No. 35, p. 1413). A similar text appears in like Orders for Dahariah and Zidah (ibid., 1417, 1418). The elections for these councils were held on 18 February 1975.

5 See the Order Concerning the Holding of Rural Council Elections (Judea and Samaria) (No. 614) 1975 (CPOA, No. 36, p. 1506). The elections took place at the end of October and the beginning of November 1975.

6 During these years a new municipality was set up in Kabatiah in the Jenin district. See the Order Constituting the Municipality of Kabatiah (Judea and Samaria) 1975 (CPOA, No. 36, p. 1519). In another municipality, the elections having been nullified by the court, a nominated council was installed: see the Order Concerning the Appointment of a Council to Manage the Municipality of Yatta (Temporary Provisions) (Judea and Samaria) (No. 575) 1975 (CPOA, No. 35, p. 1419). See also infra n. 65 on elections in Dir Dabuan.

7 Sec. 8(1) of The Law; Elections 105, n. 40.

8 Elections 100, 109.

9 The first elections of 1972 were also exceptional. Municipal elections under an occupying power were held in August 1919 in the Rhine district: Elections 100, n. 16.

10 Sec. 12(1) of The Law; Elections 105, n. 44. In Jordanian parliamentary elections as well men alone had the suffrage: see sec. 2 of the Parliamentary Elections Law, No. 24 of 1960 (Jordanian Official Gazette No. 1494 of 11 June 1960).

11 The citation is from the preamble to the Order more fully referred to in the following note.

12 Order Concerning the Municipalities Law No. 29 of 1955 (Amendment No. 9) (Judea and Samaria) (No. 627) 1975 (CPOA, No. 37, p. 54). The Order provided that the words “of the male sex”, appearing in sec. 12(1) of the Jordanian Municipalities Law, should be deleted.

13 Cf. Local Authorities 64–65 dealing with the effect of the situation in Israel on the wishes of the mayors of the Area to prescribe a weekly day of rest in their towns.

14 See Zuriel, I., “Revolutionary Innovation in the West Bank: Women Voters in the Towns” Ma'ariv 31 December 1975Google Scholar; Rubinstein, D., “Universal Suffrage in the West Bank” Davar 4 December 1975Google Scholar; Safadi, , “Ratepayers May Bestow Surplus Votes on Wives” Jerusalem Post 4 January 1976.Google Scholar See also the Communiqué of the Official Spokesman in the Area, distributed on the eve of the elections in April 1976: Elections in Judea and Samaria 7.

15 Elections 102.

16 Ibid., 101 n. 18. See also Legislation 82–83. It is noteworthy that this approach was the minority opinion of Cohn J. and in subsequent decisions the majority view was adopted: Ibid., 83–86.

17 The Christian Association for Holy Places v. The Minister of Defence et al. (1971) (I) 26 P.D. 574, 582. Elections 101 n. 17, and in more detail Legislation 79–82, 83 ff.

18 See supra n. 14 and in particular the article by Zuriel and the communiqué referred to there.

19 Elections 101–102. This would appear to be the true reason for Cohn J.'s attitude: see Legislation 82–83.

20 Elections 103–104; Legislation 25–27.

21 It may be observed that those who regard Israel as “trustee” of the Area suggest that the democratisation of elections is one of Israel's tasks there: Gerson, A., “Trustee-Occupant: The Legal Status of Israel's Presence in the West Bank” (1933) 14 Harv. Int. L.J. 1, 48–49.Google Scholar

22 See Zuriel, , “Grant of the Suffrage to Women in the Administered Territories” Ma'ariv 10 February 1976.Google Scholar

23 See “Women are Rushing to Participate in the Elections” Yediot Aharonot 7 April 1976.

24 See infra n. 80; Sycher, A., “Exercise in Democracy” Jerusalem Post 30 April 1976Google Scholar, an account of interviews with local women relating their participation in the electoral campaign.

25 Sec. 12(3) of The Law; Elections 106. The value of the dinar in April 1976 was IL.22.56: see the Order Concerning Israel Currency as Legal Tender (Amendment No. 12) (Judea and Samaria) (No. 638) 1976 (CPOA, No. 38, p. 122).

26 Since the Six Day War the standard of living in the Area has gone up considerably. National Gross Production shows an average yearly increase of 14% and in 1973 was double that of 1968; see The Administered Territories 1973/1974: Data on Civilian Activity in Judea and Samaria, the Gaza Strip and North Sinai (The Ministry of Defence, 1976) 3.

27 Municipal (Sanitation Services) Regulations (Judea and Samaria) (No. 194–1) of 28 December 1976.

28 See in greater detail Local Authorities 68.

29 See the preamble to the said Regulations. For taxation in the administered territories, see Lapidot, , “The Rules of Public International Law regarding Taxation in Occupied Territories” (1968) 3 Journal of Taxation (in Hebrew) 111Google Scholar; Shefi, D., “Taxation in the Administered Territories” (1971) 1 Israel Yearbook of Human Rights 290.Google Scholar See also Hertzberg, M., “Enactments Regarding Indirect Taxation in the Administered Territories” (1971) 5 Journal of Taxation (in Hebrew) 347.Google Scholar

30 See the definition of “owner” and “occupier” in r. 1 of the said Regulations.

31 Commencing with IL. 45 per annum for an apartment of three rooms and up to IL. 500 per annum for a cinema and hotel: see r. 2 of the said Regulations.

32 See r. 5 of the said Regulations. The minimum of IL. 30 is somewhat more than a dinar (see supra n. 25) so that all persons paying the rate are entitled to vote.

33 For evidence of willingness to pay the tax in order to vote, see Rubinstein, D., “Elections in the West Bank in 1976” Davar 5 March 1976.Google Scholar

34 Sec. 12 of The Law. Under the law of 1954 the minimum age was 18: Elections 105, n. 45. For parliamentary elections in Jordan sec. 3(a) (i) of the Parliamentary Elections Law, No. 24 of 1960 (supra n. 10), fixes a minimum age of 20.

35 For the situation in Israel, see sec. 12(1) of the Local Authorities (Elections) Law, 1965 (19 L.S.I. 263). 18 is also the minimum age for elections to the Knesset: sec. 5, Basic Law: The Knesset. See Yaffe, Z., Law of Election to the Knesset (Tel Aviv, 1973) 16–17.Google Scholar

36 See supra n. 34.

37 See Defence Service Law, 1959 (Consolidated Version) (13 L.S.I. 328) and in particular the definition of “person of military age” in sec. 1.

38 Possibility, there is a political reason for retaining the age of 21. Everywhere, and particularly in the Area, young people are known to tend towards being radical, extreme, nationalistic and anti-establishment, especially between the ages of 18 and 21 when they have left school, are not yet married and have not yet found their place in society. In the interests of orderly military government it was preferable to leave the situation as it was. Such a “holding” position is consistent with both the legal principles and the political objectives of Israel.

39 An official desiring to become a candidate must resign from office ten days before the relevant date: Elections 106, n. 50. The prohibition of parliamentary representatives in Jordan being government or municipal officials was so important that it was provided for in article 76 of the Constitution (Jordanian Official Gazette, No. 1093 of 8 January 1952); see also sec. 18 of the Parliamentary Elections Law, 1960.

40 See sec. 120(5) of the Municipalities Ordinance (New Version) 1 L.S.I. (N.V.) 247.

41 Cf. sec. 3 of the Interpretation Order (West Bank Area) (No. 130) 1967 (CPOA, No. 7, p. 272) according to which “or” is disjunctive; this approach has its origin in the Mandatory Interpretation Ordinance (Legislation 107) which applied to the Area as part of Mandatory Palestine.

42 See rr. 82(c) and 82(g) of the Civilian Services Regulations, No. 23 of 1966 (Jordanian Official Gazette, No. 1911 of 30 March 1966) and supra n. 39.

43 Nevertheless, for this reason there is no occasion for imposing a general prohibition but one limited to the cases where it is appropriate. Cf. sec. 120(4) of the Israel Municipalities Ordinance which disqualifies from serving on a municipal council every government official employed at a salary whose work is connected with administrative matters involving the local authority concerned or might lead to any conflict between his task as a government official and as a councillor. See also sec. 120(6) of the Ordinance.

44 The circular is appended to the petition to the High Court of Justice: see infra n. 46.

45 This letter is also appended to the said petition.

46 Muhamad Mishal et al. v. Minister of Defence et al. (unpublished). The petition was filed on 21 March 1976.

47 As to the competence of the High Court of Justice to hear the matter, see Legislation 74–78. Prima facie, no small temptation exists in this case to adopt the observations of Witkon J. that “if we at all purport to be competent to deal with this matter… we must regard ourselves as acting as a High Court of Justice in the administered territory itself. Anyone acting on such a fictitious basis must be consistent and deal with the law as he finds it in the place where he purports to act” (Legislation 44). Actually, however, the High Court acts as an Israel administrative court reviewing the work of the Israel military authorities whether these are regarded as a primary lawmaker in the Area (Legislation 44–45) or as functioning under Jordanian law (such as labour law: Legislation 79–86).

48 Newspaper reports of the court proceedings indicate that the judges were critical of the very issue of such a circular by the governmental authorities presuming to construe local law and recommended that it be withdrawn. (These matters do not appear in the court records). See Levav, A., “The Military Authorities Set Aside Directive Regarding Elections in West Bank after Reprimand by Supreme Court” Ma'ariv 31 March 1976Google Scholar; “High Court Scores Military Interference in Elections” Jerusalem Post 31 March 1976.

49 See the court records of the case, dated 30 March 1976. In awarding IL.500 costs the Court expressed its dissatisfaction with the position taken by the State in this matter.

50 For the local courts in the Area, see Legislation 118–21, and 59–65.

51 See Legislation 57, n. 20 and 74, n. 84, as to recourse by the local population to the Israel judicial establishment in proceedings against the State. Such recourse also occurs in civil actions with Israel residents with whom commercial relations are maintained.

52 See also the discussion in the text supra at nn. 34–38 regarding the minimum voting age.

53 Elections 107–108. The central government may nominate two further members to a council as well as the mayor from among the nominated and the elected councillors.

54 Elections 112.

55 See Local Authorities (Election of Mayor and Deputies) Law, 1975 (29 L.S.I. not yet published) which applies to mayors and chairmen of local councils.

56 For the previous law generally, see the Local Authorities (Elections) Law, 1965 (19 L.S.I. 261).

57 See text supra at nn. 16–21.

58 It is possible that local people themselves will desire the change in the light of experience with the Israel electoral system. Cf. supra n. 13.

59 Elections 110, 111.

60 Supra n. 7.

61 Order Concerning Municipal Elections (1976) (Judea and Samaria) (No. 628) 1976 (CPOA, No. 37, p. 56) (hereinafter referred to as “Order 628”).

62 Elections 109–110.

63 The amendment which allows women to vote was enacted in 1975; see supra n. 12.

64 Sec. 2(a) and (c) of Order 628. The preamble to the Order reads “By virtue of my powers as Commander of the Area and whereas I am of the opinion that it is required for orderly public administration and the welfare of the population, and in accordance with the Municipalities Law No. 29 of 1955, I hereby make the following Order”. Cf. the preamble of the 1972 Order: Elections 114.

65 Sec. 3 of Order 628. Cf. sec. 3 of the 1972 Order: Elections 115. Order 628 contains two further provisions: no elections were to be held in Dir Dabuan (Ramallah district) where these had taken place in March 1974 (sec. 4); the age-qualification date for inclusion in the electoral lists was fixed as 13 February 1976, the last day for preparing the roll (sec. 2(b)).

66 For the objections committees, see Elections 107. See text supra at nn. 50–51 as to recourse to the local courts.

67 See, e.g., Rubinstein, D., “Elections in the West Bank in 1976” Davar 5 March 1976.Google Scholar

68 The Communiqué of the Official Spokesman in the Area (supra n. 14) p. 8. Ibid. at p. 11 a table is given showing the numbers of those having the suffrage in the different municipalities; prominent in this regard are Shechem (19,447) and Hebron (11,244).

69 See the Notice Concerning the Date for Submitting Candidates for Membership of Municipal Councils and the Date of Municipal Council Elections (1976) (Judea and Samaria) of 19 March 1976.

70 This is not the place to analyse the reasons. The view has been expressed in Israeli newspapers that the extension was due to the desire of the Israeli authorities to enable the “traditional” mayors (in Hebron and Shechem) to present themselves as candidates and the period of extension was devoted to persuading them to do so, although officially the reason was the general pressure to nominate candidates: see Safadi, A., “Radical Elections: Rise in West Bank Local Lists” Jerusalem Post 2 April 1976Google Scholar; Litani, Y., “Peres Wants Jaberi to become a Candidate” Ha'aretz 31 March 1976Google Scholar; “Jaberi and Al-Mazri have not Presented their Candidatures in the West Bank” ibid. 2 April 1976; “A New Generation Contesting Elections in the West Bank” ibid. 2 April 1976. See also Zuriel, Y., “The Sheikh will no Longer be King of Hebron” Ma'ariv 4 April 1976Google Scholar; Rubinstein, D., “A Contest without Sting” Davar 5 April 1976.Google Scholar

71 See Legislation 39–48 for the status of the Commander of the Area as primary legislator. See further the Order Concerning the Provision of a Further Period for Submitting Candidates to Municipal Elections (Judea and Samaria) (No. 644) 1976 (CPOA, No. 38, p. 134). The Order is entitled “Order Concerning the Holding of Municipal Elections (Temporary Provisions)”. On the same day a notice was issued thereunder setting out the times for submitting candidates.

72 Elections 110–111.

73 See supra n. 70.

74 See, e.g., Huri, Tufik, “Election Propaganda in Judea and Samaria in High Gear” Yediot Aharonot 9 April 1976.Google Scholar

75 See the Communiqué of the Spokesman of the Area (supra n. 14) p. 11 and the data (age, education and profession) about candidates, ibid. p. 12.

76 It is noteworthy that there was unrest in the Area before the elections. A number of councils and mayors had resigned, there were demonstrations, some of them accompanied by violence, and tension generally prevailed. As a result, the opinion was expressed that the elections should be abandoned (see e.g., Al-Peleg, Z. “Annul the West Bank Elections” Yediot Aharonot 23 March 1976Google Scholar, and the editorial ibid. of the same date). The decision to hold the elections at the due date was not revoked: see “Peres: The Elections in Judea and Samaria on Time” Davar 5 April 1976; “The Government Decides not to Put off Elections in Judea and Samaria” Hazofeh 5 April 1976.

77 There were 153 polling stations in the Area, 96 for men and 57 separate ones for women.

78 See, e.g., Rubinstein, D., “72.3% Voted in Elections in Judea and Samaria” Davar 13 April 1976.Google Scholar In Shechem the figure was somewhat smaller, 54.2% and the newspapers differed in their explanations, some attributing it to the smaller number of women who voted there (Litani, Y., “72% Voted in the West Bank” Ha'aretz 13 April 1976)Google Scholar whilst some speculated that it was due to the negative reaction of the radical national group and the decision of the traditional leaders not to be candidates or to the effect of propaganda from Damascus, (“Heavy Turn-Out In Orderly West Bank Municipal Poll” Jerusalem Post 13 April 1976).Google Scholar

79 In 1972, those voting in Samaria reached 83.9% and in Judea 87%: Elections 112.

80 Of the 55,914 men with the right to vote, 40,957 voted (73.2%) whilst of the 35,548 women, 22,009 cast their vote (67.6%). For the women's vote, see also supra n. 24.

81 Rubinstein, loc. cit. (supra n. 78); Litani, Y., “Carnival Spirit in West Bank Elections” Ha'aretz 13 April 1976.Google Scholar

82 Rubinstein, loc. cit. In Ramallah, Al-Birah, Tulkarem, Enabta and Jenin, the hour for closing the polling stations was extended from 8 p.m. to 9 p.m.

83 The reference is to the municipalities of Silvad and Bnei Zaid in the Ramallah district.

84 See supra n. 65.

85 Some indication of the varying evaluations of the results of the elections may be gathered from Safadi, A., “West Bank Radicals Sweep Local Elections: Bethlehem Sole Exception” Jerusalem Post 13 April 1976Google Scholar; Rubinstein, D., “New Leadership Emerges in the West Bank” Davar 16 April 1976Google Scholar; Zaid, Kassem, “White Revolution in Judea and Samaria” Al Hamishmar 16 April 1976Google Scholar; Elizur, Y., “Who Won the Elections in Judea and Samaria?” Ma'ariv 16 April 1976Google Scholar; Litani, Y., “Victory for Nationalist Blocs in the Elections in Judea and Samaria” Ha'aretz 16 April 1976Google Scholar; Al-Peleg, Z., “Without Prétentions” Yediot Aharonot 16 May 1976.Google Scholar Some journalists criticised the optimism shown by the authorities before the elections in the light of the results: see, e.g., Huri, Tufik, “West Bank Elections Refute Government Evaluation” Yediot Aharonot 14 April 1976Google Scholar; Dan, A., “Another Appraisal Confuted” Mďariv 7 June 1976.Google Scholar For the attitude of the Government, see Litani, Y., “Government's Appraisement: At First Stage Mayors Show Moderation” Ha'aretz 16 April 1976Google Scholar; interview with the Minister of Defence, Jerusalem Post 7 June 1976.Google Scholar

86 See Elections 112.

87 See, e.g., Rubinstein, D., “The Military Government will Appoint Council Recommendations as Mayors” Davar 26 April 1976.Google Scholar

88 Such as the annual preparation of the electoral roll with the help of the computer, based on identity cards, as is the practice in Israel, which will obviate the need to carry out registrations before each election with the accompanying objections before the appropriate committees. Other improvements would include a fixed day for elections every four years, simultaneous elections for municipal and rural councils (the term of office of the latter is only three years) and so on.

89 See the enactments mentioned in supra nn. 55 and 56. For the adoption of Israel legislation in the Area and the reasons therefore, see Legislation 94–97.