Six months ago, the “Plastic Bag Law” took effect, which banned entirely the use of lightweight plastic bags by large grocery chains. The Legal Forum’s legal experts warned that the bill does not apply in Judea and Samaria and therefore consumers in these areas cannot be charged for the bags. This created a public firestorm.
The uproar made notably apparent the gap between Israeli citizens residing in sovereign Israel and those residing in Judea and Samaria.
This gap is constantly present and is relevant to many areas of life: building and construction, education, the environment, benefits to public institutions, and more. The State of Israel is supposed to be democratic, a state which grants equal rights to all its citizens. Well, this is not the case.
During a hearing in the Knesset Constitution, Law, and Justice Committee to mark the Six-Day-War on June 6th, it was widely agreed among the members that the method by which laws are applied in Judea and Samaria is usually a simple one; the Plastic Bag Law was presented as a law which was to be enacted in a timely manner. We were quite surprised by this presumption because from the time we exposed the fact that Israeli Plastic Bag Law does not apply in Judea and Samaria, we have been corresponding with the Civil Administration and the Ministry for Environmental Protection. The only response given to the Forum was that “the Law will be applied in accordance with their work plan.” During the actual hearing, we checked the Military Advocate General website again and there is no mention of the Plastic Bag Law being applied in Judea and Samaria.
What is the Military Advocate General website? It is where Israeli citizens residing in Judea and Samaria check for new laws. This site publishes all laws and military orders which apply to these areas.
Making all laws in Israel accessible to the general public is one of the fundamental principles of our government’s lawfulness and sound governance. There is a basic understanding that if a law is not published, then citizens are unaware of their obligation to uphold it. If a law is not published, it is as if it does not exist. Contrary to what was stated during the hearing, the law has not been published in the Military Advocate General Website and made available to the public that resides in Judea and Samaria- meaning it does not yet apply to Judea and Samaria.
This state of affairs further demonstrates the need to introduce simultaneous legislation with regard to Judea and Samaria - that is, every Knesset member when enacting a law must consider whether the law is relevant to Judea and Samaria, and if so, consult the Knesset’s capable legal counsel in order to determine how the law should be applied to all Israeli citizens.
Ministers Ayelet Shaked and Yariv Levin have already initiated such a move among the Ministers. This is an important and significant step in normalizing life in Judea and Samaria and a significant step towards equality under the law. Of course, this entire journey will only be complete when Israeli sovereignty is imposed on the entire territory.
Until that day arrives, the Legal Forum will continue to advance simultaneous legislation in Judea and Samaria and strive for equality for all Israeli citizens on both sides of the Green Line.
Einat Korman - Deputy Director General - The Legal Forum for Israel
