Right-wing politicians have spent half a decade trying to pass a ‘nation-state’ bill that would prioritize Israel’s Jewish nature over its democratic one. Even President Rivlin thinks the law could harm Jews worldwide
By Alison Kaplan Summer, HAARETZ
Prime Minister Benjamin Netanyahu in a cabinet meeting in Jerusalem, June 24, 2018. Netanyahu is determined to pass the nation-state bill before the Knesset heads for its summer recess.Marc Israel Sellem
Israel has always understood itself to be a Jewish state. But for the past five years, politicians – specifically those on the right – have been pushing for legislation that would make that fact irrefutable, strengthening their ability to incorporate the country’s Jewish national and religious character into government policy.
This proposed nation-state bill would be a Basic Law, which means it would have constitutional-like status. Israel’s lack of a constitution has led to the creation of a series of such “Basic Laws,” which the courts are meant to recognize as articulating the underlying principles of the state.
However, due to internal wrangling over the wording of the law, the nation-state bill has enjoyed a legislative roller-coaster ride since its original conception back in 2013.
Prime Minister Benjamin Netanyahu has stated repeatedly that the passage of such a law is one of his top priorities, and is hoping to get the bill passed before the Knesset breaks for its summer recess next week. Yet he has failed to achieve a consensus among the parties in his last two coalition governments, and Habayit Hayehudi and United Torah Judaism have both raised objections to parts of the latest version.
“Israel is a Jewish and democratic state, and for the sake of creating a balance and resisting those who challenge, I am determined to advance my version of the nation-state law,” Netanyahu said in 2014, as various factions battled over different versions of the bill. “Over the years, a distinct imbalance has been created between the Jewish element and the democratic one. There is an imbalance between individual rights and national rights in Israel,” he added.
From the outset, human rights organizations and political figures on the left have decried the proposed law as antidemocratic, arguing that even in its mildest version, it legitimizes giving Jews and the Jewish religion preferential treatment and denying full and equal rights to the country’s non-Jewish citizens.
Its harshest critics, meanwhile, have said the law prepares the legal ground for a one-state solution and the annexation of the West Bank.
In its the most recent version, figures ranging from left-wing activists to the Israeli president have joined the battle against preventing its passage in its current form.
The clause that has upset them most would explicitly allow the establishment of communities that are segregated by religion or nationality, giving discrimination an official stamp of approval. The clause in the bill declares that “the state can allow a community composed of people of the same faith or nationality to maintain an exclusive community.”
Some fear that enshrining this principle in law could not only lead to discrimination against Arabs and other non-Jews, but could also be interpreted as permitting discrimination against groups within the Jewish population.
President Reuven Rivlin has slammed clause 7B, warning in a letter that it “could harm the Jewish people and Jews around the world and in Israel, and could even be used by our enemies as a weapon.”
The Knesset’s legal adviser, Eyal Yinon, and Deputy Attorney General Raz Nizri have both also come out against the clause, with Nizri explaining that the law would enshrine “personal discrimination against a citizen based only on his nationality.” And Attorney General Avichai Mendelblit said “there is no place for such a clause in its present form.”
Eyal Zandberg from the Attorney General’s Office has said the clause “is blatant discrimination” and that “this means the residents selection committee can hang up a sign saying ‘No entry to non-Jews.’”
There are other controversial clauses in the proposed law that are also proving problematic: Hebrew will be the official language of the state, with the status of Arabic being reduced from an “official” to “special” language. Another clause would instruct judges to look for precedents from Jewish legal rulings in instances where Israeli law offers no guidance.
I have made clear that subject to certain criteria, Jews and Arabs should be able to build such communities.
But that doesn’t mean provisions for same should be in this legislation.
The Interrogation marks came replacing my Hebrew: ??? ??.??? ????..
@ Ira:
Thanks all you guys that took the time to comment on my posts.
Quoting Ted: ” It was only when I got into the nitty-gritty of dealing with them, that I realised that there were good and bad like everywhere else,, and all was not attar of roses in the Holy Land.” Very correct and true.
My question is and was as I tried to pass this massage throughout this discussion. Why do we have to pass a LAW that has “good and bad” things embeded in it when we can only take the “good” and discard the bad? and maybe achieve much more if we leave it to a free choice? Take heed! Under this law every Israeli citizen Including over 1MM Arabs, has the right to act in accordance with to this law… So our Arab citizen will be legally authorized to form their own closed settlements, free of the “Enemy” presence.The Muslim quarter and maybe East Jerusalem, probably Nazaret Ramlallah, Jenin, Hebron, Basically all towns who democratically elected an Arab mayor. If you let the independent municipalities govern the city as was proposed here. We will make Israel a statehood built of many small enclaves. Don’t we have more than enough of one? World politics will go even further. Just write a deed of restriction, applicable to a privatly owned land ??? ????? ????…
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@ Ira:
The goyim will hate us and try to pull us down any way they can, whether we pass that Law of not. As a Jew, I can truthfully say that I’ve never felt so exhilarated in my whole life, when, at the age of 45, I first set foot in Israel. It was like a dream, and I woke up on Dizengoff St (I think) realising that EVERYBODY around me, hundreds and hundreds of people were all Jews. It was the most wonderful feeling.
If left to me, I would have passed that Law as soon as the Arabs began their terrorism, many years ago. In America the Mennonites live in exclusive areas, the Quakers, and several other groups including Haredim. Of course I suppose if anyone outside the community wanted to move in, they could, …if they could find anyone willing to sell to them; anyway, they seem to stay exclusive.
@ Ira:
I know all about the Bantustans, i was keenly interested in the ways and means they were trying to accommodate the International criticism and hold to their views. As I’ve said my wife and whole family were “mixed race”, and it made me even more interested. Sth. Africa has always been an interest of mine for many years before i even met my wife. I had at least a dozen books on the 2 Boer Wars, and,on the famous battles, strategies, disparate casualty lists, etc. The De Wet brothers were of particular interest to me for their daring and unorthodox on-the-spot tactics. I was at University, with several members of those famous families like Pretoriius, Botha, Kreitzinger, and a few others.
Besides ..I have a collection of nearly all Rider Haggard’s books, and all the ones concerning Africa, usually Sth. Africa. Plus Conan Doyle’s personal reminiscences, and Edgar Wallace’s.
@ Ted Belman:
There are Haredim only areas in towns in America. We see something about them often in the papers where their eruv is interfered with.
Arab communities already can and do keep Jews out with the threat of violence. Why shouldn’t Jewish communities be able to keep Arabs out without it?
@ Edgar G.:
Back in 1995 in the efforts of the South African Apartheid regime to convince the the world that they are not what they really were, and at the same time to “Divide and Conquer” the black ethnic groups. They formed 10 small autonomous nation states. the “Bantustans”. I got a contract from the SA NP government (National Party P.W.Botha) a contract to do unheard of thing, “To teach those monkeys to fly” To quote then a top operative of the BOSS (Bureau Of State Security The SA’s KGB) Paul Van AS that added: .”And if you do not succeed, We will not be angry at all. We understand… “.I was angry,but I loved challenges…My 2.5 years there tout me what apartheid really is. So I am not total ignorant. For me Israel now is the problem. Israel was one of very few countries that did not BDS South Africa.Yes, Israel made tons of much needed money as being almost a sole source for SA in many areas. From chemicals to weapons and technology sales. Armscore (the SA TAAS-IMI), made most of it’s weaponry based on Israeli designs. And the list goes on and on. Israel was regarded by most of the civilized world then including the US, as an apartheid state and was not welcome in many African countries.You say, Israel needed the money. You are right. But we are paying the price now. The black South African did not forget this. and their foreign policy towards Israel proves it. If we pass a law such as this separation bill. BDS will thrive.Listen to Irish parliament members talking BDS now,. Same exact dogma as was heard Concerning SA after WWII. And do not forget, SA Apartheid was a declared ally of Nazi Germany.. I personally believe that this is one of the reason why Israel-Apartheid-Hitler are very often being mentioned in one breath. All worried Israelis should do everything to discard this law which is politically/coalition motivated. There are much better ways avoid more economic damage antagonism towards Israel.
“Big Mistake” (A.S,”The terminator”)… He was right.
There is a very big distance between such a LAW, that every citizen MUST follow and Deed Restriction, That is a voluntary decision. The Kibbutzim solved this in a very (non) elegant way, The acceptance if a new Haver” Was done by voting. He is not a settler, or neighbor he is a haver. (member) of the community. FYI, A condominium is by all means a community. If you decide to define it as such and follow set of legal regulations. I have brought before the disciplinary committee of my condo because my dog pooped on my driveway,, while I was too busy conversing with my neighbor and didn’t see it committing the crime… ($150.00). This law whether you agree with it or not, is a discriminating law any way you look at it, which if passed will triple or (more) BDS supporters worldwide and may make many others think again. Apartheid is not a curse or dirty word. It simply means “separation”. Even not BDS supporter will classify this law as such. Did you and your neighbors decided you don’t want to live together with “less than” a Jew,it is your privilege and it is your part of your privacy rights. Anchor it in a deed restriction that every member must sign.No municipality permission, no size limitation, (Why 100 and not a 1000?). And best of all no apartheid laws to cause world wide cry, plus 100’s of UNGA anti Israel resolutions. (who cares). And if quoting President Rivlin: “It will turn into a weapon against us”. “And they shall not come in the congregation of the Lord” Was written thousands of years ago. Not fit for a democratic society Don’t we have enough tzures? (clarification…I am NOT a leftist. So please do not insult me”
@ adamdalgliesh:
I just read about an Arab family that was admitted to a Kibbutz. The family had a long history with this kibbutz. They came from a neighboring Bedouin Arab village and their father had grown up on the Kibbutz. They need each other well. It was a better life for the Arab family and they were very compatible with the kibbutzniks who they knew well. Clearly this is unusual but it is working from what I read. I found the link an interesting story. https://www.timesofisrael.com/galilee-kibbutz-accepts-first-bedouin-family-as-members/
Candidly Israel is a different world than the USA. In Israel there are many communities separated by either practice of religion (Haredi only towns or neighborhoods), Bedouin only Towns. Try moving in someplace like Mea Sherim if you are not Haredi let alone an Arab.
This should be left to locals to sort out and not part of Nationality Bill. Bennett’s compromise written by a couple of BY members if approved seems to make sense it gives a picture view of spreading Jewish Settlement in Israel to all parts of the country including areas where it is too sparse like the Galilee and Negev.
Places like Kibbutzim have admissions committees forever. In such a small place it is needed to able to know who your neighbors are going to be. CO-OP buildings in NYC have admission committees also. No reason a building or small neighborhood could not have that in certain areas in Israel.
As everyone now knows, I am very concerned about Israel’s public relations. Any law that permits what is now called in the United States “discrimination” in housing, on the basis of faith or ethnicity, will be a public relations disaster. The way I propose to solve the problem would be to allow communities to exclude anyone with anti-Zionist or antisemitic opinions, any connections direct or indirect to terrorist organizations, including Fatah and Hamas, or organizations that support terrorism against Israelis or Jews, who oppose Jewish settlement, who has connections to governments at war with Israel, suchsuch as the “State of Palestine” or Hamastan. In practice, only a small number of Arabs applying for residence in a Jewish community could withstand a background check for evidence of anti-Zionist or antisemitic views or organizational connections. Arabs who are sincerely pro-Zionist and pro-Israel, and there are in few of these in Israel, I would welcome as neighbors. A future Israeli counter-propaganda bureau (there is none at present), could make a credible defense of this kind of law to open-minded Americans and Europeans with liberal views. Since most Americans and Europeans now hold liberal views on some issues (such as opposition to “discrimination”), winning them over to support Israel must be integral to our public relations strategy.
@ Ted Belman:
Spot on, Ted. Each community should be able to set its own standards within the law. As long as any legal resident can find some place to live, there is no need for “blockbusting”, which the Arabs have been using intentionally to destroy Jewish neighborhoods and make life unpleasant for Jews in Israel (part of their long-range strategy to destroy Israel altogether). The best way to do that would be for the Israeli government to stay out of local government and let each elected mayor and town council enact regulations agreeable to their constituents.
@ david melech:
From what I read it appears that Bennett’s compromise language is being accepted by the coalition. So this bill is much closer to passing.
Re my response Bennett seeks comprise.
What I had in mind is that in the planning stage for a new community, the developer should have the right to apply to the municipality for approval of the exclusivity. Such approval should depend on certain criteria being met including a limit to the size of say 100 units.
@ Ted Belman:
Ted, so you are okay if the Arabs keep Jews out Hebron? You are okay with the Arabs keeping Jews out of Jaffa, or Akko or Nazareth, or East Jerusalem, or Haifa Neighborhoods? I am not.
@ Ted Belman:
Okay if we are talking about something like a kibbutz or very small community such as an artists colony. Then there could be legislation written very carefully and just for it (who knows if it would hold up legally even then). However it has no need to be in a Nationality Bill. In a nationality bill it causes harm to the cause of Israel? What is its benefit?. It sounds and smells discriminatory.
I strongly support the right of either Jews or Arabs to live in exclusive areas. Just as Israel has the right to restrict immigration, people in small communities should have the right to pick their neighbours.
https://www.timesofisrael.com/bennett-pushing-to-soften-proposal-allowing-jewish-only-communities/
In my view this is a much better approach.
@ Ira:
If you want to know about apartheid, REAL apartheid, you must talk to a “mixed race” citizen of Sth. Africa, many of whom could pass anywhere as white…–except in Sth. Africa because they all had to carry identity cards, which noted the race–. ….like my former wife. To mention apartheid regarding Israel is a crass insult to Israelis and Jews everywhere. Couldn’t sit on certain seats, could only drink from certain taps, could only walk in certain areas, the schools had 80 pupils for one teacher and the education was highly inferior. A teacher needed only 1-2 years in a teaching training College, and would be actually teaching school during that time.. . I know about this because my mother-in-law, was a teacher, as was my wife.
They were about 4/5th white, and often passed as such, although there were severe penalties of caught. Imagine…just imagine…it was a vicarious victory, just to sit on a “white” park bench for 5-10 minutes.
Apartheid is very much different to the inclusiveness in Israel. Unless I’ve misunderstood your post……???? Hmm.
Clause 7B needs to tossed it is just a headache and no good will come of it, to put it mildly.
When arguing BDS, Apartheid, justice. What can I say to justify this law?
You are right. Nothing.
All the negative articles seem to come from Ha’Aretz. They prominently use the word “discriminate” in it’s pejorative sense, whereas it also has a positive meaning. The Communities are in my opinion justified if they bar Arabs, because of the long, long record of atrocities coming directly from that section of the inhabitants. In the only Jewish country in the world, longed for for 2000 years of the most heinous persecution and barbarism especially directed at them. It is perfectly understandable that Jews want to live under their own laws and with their own people.
I don’t see that to be democratic, one has to water down one’s standards of how he wants to live. And living with Arabs, whilst trying for 100 years to get away from them is not the way.
The Law works both ways. I haven’t read the Law and am not a legal eagle, but from what I read, the municipality in question could equally decide that they should have Arabs living with them. The really democratic thing about it is that the Municipality would get to decide, that is, rule by the majority. The Law would be there if they want to invoke it pro or con. As for the International Goyim, I’m sure that the Israeli supporters have far better exposition of the whole scene than I have, which is from my own necessarily narrower viewpoint.
There can be Haredim only, like in the US, with Mennonites, and Quakers and other denominations living in restricted communities. Arabs only communities, as well as Christians only villages or towns. If the Arabs had not behaved as they have, this Law would likely never have been thought of.
I recall the very first time I came to Israel, having lived all my life under Goyisher not very subtle oppression,. I felt the air was really air, and the most astonishing thing I recall was seeing, amongst a jumble in a small shop window in Tel Aviv, a roll of toilet paper, with the label PRINTED IN HEBREW. And then I realised, that here I was, with Jews as far as I could see, all around me,, and the feeling of exhilaration it gave me is still with me today.
It was only when I got into the nitty-gritty of dealing with them, that I realised that there were good and bad like everywhere else,, and all was not attar of roses in the Holy Land. But that first impression stands out, being that I am never strongly impressed by anything regarding surroundings, views, lakes, mountains etc. Only people, books and events.. And in recent years, I can add, Israpundit published articles.