The Status of the Arabic Language Under Israeli Law

Question 1

What did the Mandate for Palestine say with regards to the languages in Israel?

Answer 1

Article 22 states that English, Arabic, and Hebrew shall be the official languages of Palestine.

Question 2

What did the Palestine Order in Council say with regards to the languages in Israel?

Answer 2

According to s. 82, all official documents must be published in English, Arabic, and Hebrew.
The three languages may be used in debates, regulations, in government offices, and in the courts. However, this only has the status of a ordinary law so it can be overriden by statute passed in the Knesset.

Question 3

What did the United Nations Partition Plan say with regards to the languages in Israel?

Answer 3

Arabic language is the language of the minority. The Jewish state shall give adequate facilities to Arabic-speaking citizens for the use of their language before the courts and in the administration.

Question 4

What does the Declaration of the Establishment of the State of Israel say with regards to the languages in Israel?

Answer 4

Declares that the State of Israel guarantees freedom of religion, conscience, language, education, and culture. One of the greatest achievements of the Zionist movement was reviving the Hebrew language and adapting it for modern use.

Question 5

What does the Law and Administration Ordinance say with regards to the languages in Israel?

Answer 5

In s. 15, states that any provision in the law requiring the use of the English language is repealed. Similar provision regarding the use of the Arabic language does not exist.

Question 6

True or false? There is a comprehensive normative bilingual regime in Israeli law.

Answer 6

False.

Question 7

Where does the special status derived by the Arabic language derive from?

Answer 7

Specific statutory provisions in different areas, court decisions, governmental initiatives, and direct action by non-governmental organizations vis-à-vis public bodies.

Question 8

Give examples of areas where Arabic language has been accommodated for.

Answer 8

For example, in 2018 a non-governmental organization requested that the Ministry of Education have exams for courses in computer science and information technology translated into Arabic since about 40 percent are native Arabic speakers. Additionally, this year, all signs in the Hebrew University of Jerusalem Faculty of Law replaced to add Arabic translation.

Question 9

What does the Basic Law: Israel as Nation-State of the Jewish People say with regards to the languages in Israel?

Answer 9

According to s. 4, Hebrew is the state language. The Arabic language has a special status in the state; arrangements regarding the use of Arabic in state institutions or vis-à-vis them will be set by law.

Question 10

What was the effect of the Basic Law: Israel as Nation-State of the Jewish People?

Answer 10

Tone was reconciliatory, but the intention is to only recognize Hebrew as the state language. Superior status granted to the Hebrew language. Centrality of language in the character of the state as the nation-state of the Jewish people is cemented.

Question 11

Haifa Stadium Controversy.

Answer 11

Haifa is seen as the model for Jewish-Arab relations. Builders refused to add Arabic signage even though they were requested to do so.

Question 12

Fauda Ads Controversy.

Answer 12

Ad campaign for new season of television drama included signs in Arabic only without Hebrew translations, and Israelis called for the billboards to be removed.

Question 13

Why is there some reluctance to fully recognize the status of the Arabic language?

Answer 13

Because it can be associated to collective rights of the Arab minority which can be equated to the idea of a binational state.

Question 14

Rem Engineers v Municipality of Nazareth-Elit.

Answer 14

The Hebrew language is sufficiently well-anchored in public life that exceptions may be tolerated in the commercial realm allowing use of other language. There is a right to use Arabic language in the public sphere.

Question 15

Adalah v City of Tel Aviv-Jaffa et al.

Answer 15

The Supreme Court recognizes that the Arabic language has a distinct, special status different from other languages spoken by Israelis (such as Russian). Arabic is an official language and therefore has special elevated status — a municipality’s discretion is limited. Israel is a Jewish and democratic state, and language is one of the most important expressions of character of the State of Israel — Hebrew language unites Israel as a state.

Question 16

Wael & Co v National Water and Sewage Authority.

Answer 16

Government notices must have an Arabic translation. Study of Arabic language by the Jewish public in Israel should be promoted as Israel is surrounded by Arabic-speaking countries, and the Arabic language is a fundamental part of a rich and ancient culture.

Question 17

Is Arabic used in the Knesset?

Answer 17

It can be, but no one does as they will not be understood.

Question 18

How is Arabic integrated into laws and regulations?

Answer 18

Laws and regulations are translated into Arabic, but they take effect in Hebrew (so may take effect before translation is ready). Supreme Court has suggested in the past that relief may be granted to Arabic speaker if detrimentally affected as a result of delay in translation.

Question 19

What language is the binding text in?

Answer 19

Hebrew, except for laws enacted in English before the establishment of the State of Israel and for which a new Hebrew version has not been published.

Question 20

How is Arabic integrated into judicial decisions?

Answer 20

It is not.

Question 21

Who pays for the cost of translation to Arabic in judicial proceedings?

Answer 21

The state for criminal proceedings; there is inconsistency in civil proceedings.

Question 22

How does language affect citizenship in Israel?

Answer 22

Section 5(a)(5) of the Citizenship Act conditions Israeli citizenship for a non=Jew upon some knowledge of the Hebrew language.

Question 23

How is Arabic integrated into public tender offers?

Answer 23

Must be published in both languages.

Question 24

What are some things in public life that are translated into Arabic?

Answer 24

Currency, postal stamps, licence plates, and all warning signs and instructions on pharmaceuticals and food.

Question 25

Did a petition to have bar exams in Arabic succeed? Why or why not?

Answer 25

It did not, because it is of vital importance that practicing attorney have a solid command of the Hebrew language.

Question 26

How is Israel succeeding with respect to translating webpages too Arabic?

Answer 26

It is not doing well; it scored low on a governmental report concerning 49 governmental offices and units.

Question 27

What were some of the points mentioned in the Special Report Submitted to Knesset Committee Concerning Linguistic Access to Health Services?

Answer 27

No comprehensive telephone operator services in various languages. Many forms, including consent forms, are not translated. Information on websites of the Kupot Holim (medical healthcare service centres) is only partially translated.

Question 28

How is Arabic integrated into public transportation?

Answer 28

With regards to public transportation, in mixed cities such as Jerusalem and Haifa, public transportation signs in both languages. In other cities such as Tel Aviv, changes were recently introduced to add digital signage inside the bus but not at bus stops, though indicated inside the station. On trains, some changes have been introduced but no voice announcements in Arabic. At Ben-Gurion Airport, no voice announcements in Arabic and complaints as to lack of sufficient signage (though some improvement needed).

Question 29

Do many Israelis whose first language is Hebrew know Arabic?

Answer 29

The overwhelming majority of Israelis whose first language is Hebrew are unable to express themselves or communicate in Arabic at even the most basic level, despite the fact that generations of Israeli students are supposed to have learned Arabic as a required subject in the country’s public schools, both secular and religious.

Question 30

What practices allow students to abstain from studying Arabic?

Answer 30

Taking the matriculation exam in Arabic is not compulsory; French is allowed as an alternative choice; the Ministry of Education’s policy allows students with learning disabilities an exemption from Arabic study.