Begin: Migron Bill is unconstitutional (JERUSALEM POST) By LAHAV HARKOV 04/19/12)
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The Migron Bill is not just, and would go against the constitutional
right to property as defined in Basic Law: Human Dignity and Liberty,
Minister without Portfolio Bennie Begin said on Wednesday.
Begin said the Migron Bil is “not just and not logical” in an
emergency meeting called during the Knesset’s spring recess by MKs
Danny Danon (Likud) and Zevulun Orlev (Habayit Hayehudi) in order to
convince the government to approve legislation stating that outpost
homes built on land classified by the state as private Palestinian
property may not be demolished if they have been in place for more
than four years and if at least 20 families live in the community. It
also proposed compensating the Palestinian landowners instead of
“The law cannot allow private Arab lands to be used to build Jewish
settlements,” Begin said. “If the bill passes, the court will cancel
the law, because it opposes the right to property, which is protected
by a basic law.”
According to Begin, “settling our homeland is based on our natural,
historical right to the land, but also relies on the power of the
state. We have the power; therefore we must be fair and careful.”
The Ministerial Committee for Legislation rejected the bill in
December because it believed that it would harm negotiations between
the Migron residents and Begin. The residents were working on an
agreement through which the outpost would be voluntarily relocated to
state land two kilometers away near the Psagot winery.
Last month, however, the High Court of Justice rejected the
agreement’s timeline and insisted that the outpost of 50 families in
the Binyamin region must be evacuated by August 1, instead of by
November 30, 2015, as the state requested.
In reaction to the court’s decision, there has been a renewed push to
legislate on the issue, by way of preventing Migron’s August 1
According to Danon, the High Court is populated by the “extreme
left,” and the makeup of the current Knesset shows that the general
public is against those opinions.
“The extreme left can’t fill this hall, and can’t convince the public
that their opinions are correct,” Danon said. “They don’t even try to
get votes. Instead, they go to the courts and complain.”
The Likud MK said that matters of ideology, such as settlements,
should be decided in the Knesset, by elected representatives.
Orlev accused the courts of lacking respect for government decisions
or the majority of the Knesset, saying that they are being used to
promote Defense Minister Ehud Barak’s political agenda.
“The heart of the matter is that the government has yet to fulfill
its commitment and come up with a worthy arrangement for the
residents of Migron,” he said.
Begin said working hard to make an arrangement to which Migron
residents would agree, and pointed out that the High Court rejected
the timeline in the agreement, but not its core, to rebuild the homes
on state-owned land nearby.
“We cannot do what some public figures have suggested and only accept
court decisions that we like,” Begin explained.
“We reached agreements on Migron with great difficulty, though some
MKs encourage the residents not to do so,” he recounted. “If we
hadn’t reached an agreement, the settlement would not exist as of a
Begin then quoted his father, prime minister Menachem Begin, who said
after the High Court declared in 1979 that Elon Moreh must be
moved: “It would be unnecessary to relay messages such as ´we have to
respect the court’s decision,´ as that would be obvious.”
The minister pointed out that tens of thousands of settlers built
homes since then, and that there are over 360,000 Jewish Israelis in
Judea and Samaria.
“Not every situation has a solution that is totally satisfactory,”
Tovah Lazaroff contributed to this report. (© 1995-2011, The
Jerusalem Post 04/19/12)
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