Israel's Proposed Nation-state Law Is Discriminatory and Nationalistic
Haaretz Editorial Feb 21, 2018
Patriotism, as we know, is the last refuge of a scoundrel. And in fact, while the attorney general is examining whether the evidence collected by the police in their investigations of the prime minister is sufficient to indict him, as they have recommended, coalition members are taking advantage of the time to promote a bill banning the use of loudspeakers in mosques and a bill declaring Israel the nation-state of the Jewish people.
A moment before the winter session of the Knesset ends, Tourism Minister Yariv Levin and his Likud colleagues MKs Amir Ohana and Avi Dichter scheduled a surprise meeting for Wednesday morning of the special committee for the advancement of the nation-state bill, with the goal of approving, for its first Knesset vote, a new Basic Law on Israel as the nation-state of the Jewish people.
But the haste and timing are not the real problems in the nation-state bill. The basic problem has been present in all of the bill's earlier versions, and is rooted in its discriminatory intent. It is an attempt to enshrine in a Basic Law the preeminence of the Jewish element of the state over the democratic element -- something which its framers believe would make it the most important law passed since Israel's founding.
There is no doubt that Israel is the national home of the Jewish people. This is reflected in the Declaration of Independence. It is also reflected in the laws of the state - first and foremost in the Law of Return - and in other Basic Laws. But at the same time, the Declaration of Independence stresses Israel's commitment to full equal rights to its non-Jewish citizens. And in the Basic Laws the state is defined as Jewish and democratic. Democratic no less than Jewish. The nation-state bill creates ascendency of the Jewish component over the democratic component, while defiantly refusing to clearly state - that the state recognizes the principle of full equal rights for all its citizens. No country in the world has such a constitution. Moreover, the countries that are most overtly nation-states of a particular people are the ones that explicitly declare in the preamble to their constitutions that this status does not contradict the principle of equality and that the country is also the state of the minorities within it.
In its new version, formulated on Tuesday, the nation-state bill does not recognize the status of Arabic as an official language, and will allow the state to establish separate communities based on ethnicity or religion. In other words, communities "clean" of Arabs .
Beyond the damage to democracy and the status of non-Jews, the law harms the legitimacy of Zionism. The determination that, in a nation-state of the Jewish people it would be impossible to recognize the right to equality of Arab citizens, undermines the claim made by Zionist leaders for years - that the future state would respect the rights of the minority.
In the words of pre-state Revisionist Zionist leader Ze'ev Jabotinsky: "If we were to have a Jewish majority in Eretz Israel, then first of all, we would create here a situation of total, absolute, and complete equal rights, with no exceptions." A vote for the nation-state bill is a rude breach of this pledge.
The above article is Haaretz's lead editorial, as published in the Hebrew and English newspapers in Israel.
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The Real Debate Over Israel’s ‘Jewish Nation-State’ Bill
It’s not about whether systematic discrimination against Arab citizens should continue—it’s about whether it should be codified in explicitly racist legislation.
The Jewish Nation-State bill would explicitly codify such principles as ensuring a Jewish demographic majority, establishing Hebrew as the only official language (today Arabic is also an official language) and positioning Jewish religious law as a legitimate source of law for the State of Israel. The proposed bill also makes clear that Israel is a state in which only the Jewish people can exercise self-determination.
The bill caused a serious rift between two political camps. The right-wing parties, the majority in Prime Minister Benjamin Netanyahu’s government, lent their full support to the bill, arguing that there is no reason not to enshrine the reality of Israel as a Jewish State in the law, given that the concept lies at the heart of consensus among the Israeli Jewish public. The Zionist center parties, led by now-former Israeli Justice Minister Tzipi Livni, forcefully opposed the bill.
The Jewish Nation-State bill would explicitly codify such principles as ensuring a Jewish demographic majority, establishing Hebrew as the only official language (today Arabic is also an official language) and positioning Jewish religious law as a legitimate source of law for the State of Israel. The proposed bill also makes clear that Israel is a state in which only the Jewish people can exercise self-determination."
This is as it should be, assorted Arabs and those members of Hamas, aka "Palestinians', have no legitimate claims to the land.Anyone who is not comfortable with this arrangement is free to leave.
"Beyond the damage to democracy and the status of non-Jews, the law harms the legitimacy of Zionism. The determination that, in a nation-state of the Jewish people it would be impossible to recognize the right to equality of Arab citizens, undermines the claim made by Zionist leaders for years - that the future state would respect the rights of the minority."
They have as much claim to the land as the Jews do. That area has changed hands so many times it is laughable than anyone pretends they have some sort of inherent right to it.
The nation- state laws are prefatory to a "one state solution". IMO Israel and the Palestinians need to continue to pursue a two state solution. The "one state solution" would inevitably be discriminatory toward the minority, and as we see they intend to make that pretty explicit.
Agreed. One state does not seem possible at this point, especially since they are trying to make it absolutely clear that one class of citizens is more important any any other.
Of the MANY vociferous supporters of Israel right or wrong on this site, there is only one who was willing to voice an opinion on this important topic?
John,
The article is not totally correct.
Read more here:
You linked to an article from almost 3 1/2 years ago. I have no idea if the points made in that article pertain , and to what extent, to the current proposed legislation in Israel.
Opps sorry.. there were several articles with similar titles on the google search:
What follows is a full translation of the bill as presented by Dichter to the cabinet committee:
Basic Law: Israel as the Nation State of the Jewish People
1 — Basic principles
A. The State of Israel is the national home of the Jewish people, in which they realize their aspiration to self-determination in accordance with their cultural and historical heritage.
B. The right to exercise national self-determination in the State of Israel is unique to the Jewish people.
C. The provisions of this Basic Law or any other legislation shall be interpreted in light of what is determined in this paragraph.
2 — Purpose
The purpose of this Basic Law is to defend the character of Israel as the nation-state of the Jewish people, in order to anchor in Israel’s Basic Laws the State of Israel’s values as a Jewish and democratic state, in the spirit of the Declaration of Independence of the State of Israel.
3 — The symbols of the state
A. The state anthem is “Hatikvah.”
B. The state flag is white with two blue stripes near the edges and a blue Star of David in the center.
C. The state emblem is a seven-branched menorah with olive leaves on both sides and the word “Israel” beneath it.
4 — The capital
Jerusalem is the capital of Israel.
5 — Language
A. The state’s language is Hebrew.
B. The Arabic language has a special status, and its speakers have the right to language-accessible state services in their native language, as will be determined by the law.
6 — Return
Every Jew has the right to immigrate to the land [of Israel] and acquire citizenship of the State of Israel in accordance with the law.
7 — Ingathering of the exiles
The State shall act to gather in the exiles of Israel.
8 — Connection to the Jewish people in the Diaspora
A: The State shall act to strengthen the affinity between Israel and the Jewish people in the Diaspora.
B: The State shall act to preserve the cultural and historic heritage of the Jewish people in the Diaspora.
C: The State shall stretch out a hand to members of the Jewish people in trouble or in captivity due to the fact of their Jewishness.
9 — Preserving heritage
A. Every citizen of Israel, regardless of their religion or nationality, has the right to actively preserve their culture, heritage, language and identity.
B. The State may allow a community, including followers of a single religion or members of a single nationality, to establish a separate communal settlement.
10 — Official calendar
The Hebrew calendar is an official calendar of the State.
11 — Independence Day and memorial days
A: Independence Day is the national holiday of the State.
B. Memorial Day for the Fallen in Israel’s Wars and Holocaust and Heroism Remembrance Day are official memorial days of the State.
12 — Days of rest
The established days of rest in the State of Israel are the Sabbath and the festivals of Israel, during which no employee shall be employed except under conditions set in law. Members of [religious] community groups recognized by law may rest on their festivals.
13 — Hebrew law
Should the court encounter a legal question that demands a ruling and be unable to find an answer through [existing] legislation, legal precedent, or direct deduction, it shall rule in light of the principles of freedom, justice, integrity, and peace contained in the heritage of Israel.
14 — Protection of holy site
The holy sites shall be protected from desecration and all other harm, and from anything that may hinder access to their holy places for members of a religion, or that may offend their sentiments toward those places.
15 — Immutability
This Basic Law shall not be amended, unless by another Basic Law passed by a majority of Knesset members.
1. The nation-state bill creates ascendency of the Jewish component over the democratic component, while defiantly refusing to clearly state - that the state recognizes the principle of full equal rights for all its citizens.
I don't see anything in what you posted that guarantees equal rights for all citizens.
2. Moreover, the countries that are most overtly nation-states of a particular people are the ones that explicitly declare in the preamble to their constitutions that this status does not contradict the principle of equality and that the country is also the state of the minorities within it.
Does the Israeli "nation state" bill declare the "principle of equality" ?
3. will allow the state to establish separate communities based on ethnicity or religion. In other words, communities "clean" of Arabs.
Why would that not be a variant of apartheid?
From your response - B. The State may allow a community, including followers of a single religion or members of a single nationality, to establish a separate communal settlement.
Here's a related seed that you might find to be of interest.
"By the waters of Babylon we lay down and wept and wept for thee Zion" - Don McLean - Psalms of Solomon 137...
Slavery and Jim Crow should still shame all Americans. South African apartheid was a human travesty. Ungodliness!
Every truly bad idea that ever ended in horrible regret started off being somebody's really great idea to begin with...
Hmmm, not wise to basically flat out state that your Arab/Muslim citizens are second class.