Over the past few years a steadily increasing chorus of voices have been warning about anti-democratic legislation finding its way into the Israeli Parliament, the Knesset. Hillary Clinton joined these voices last week in remarks she gave at a conference. This evoked a furious response by various members of the Israeli government.
These new laws include restricting foreign donations to 'political' NGOs, allowing small communities to keep admissions panels to join their communes and creating an oath of allegiance. To some, these laws finally wipe away the democratic veneer that Israel advocates have been trying to push and reveal the monster beneath. To others it shows how an established democracy under threat tries to use the law to defend itself against new attacks.
Israel is very much still a work in progress. It is only one of three countries (the UK and New Zealand being the others) not to have a written constitution. To understand what is going on today in Israel one needs to understand the necessary contradiction that it exists within.
On one side we have Israel's declaration of independence. This was signed as Israel was engaged in a war that would kill 1% of its population, proudly declares that, "it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex." This declaration forms the basis of Israel as a liberal democratic state. The Supreme Court in its case law used this declaration when considering the legality of government actions.
On the other side we have what Israeli's term 'the situation'. The forever dominant security threats that Israel has faced since its inception challenges the declaration and puts pressure on these rights as they were declared.
Israel is not alone in having two contradictory pressures affecting it. In the USA the grand compromise that the founding fathers created between the Federalists and Anti-Federalists was the constitution of former and the amendments of the latter. The debate between states rights and that of the federal government still rages today and one can see it in almost every substantive issue that occupies the American public discourse. Though the American's managed to codify their disagreement they never ended it.
The pressures on Israel today are between a liberal want and a security dynamic that challenges it to its very soul.
For those who wish to see Israel finish its task of building itself as a liberal democratic state, we need to do all we can to strengthen this call by helping to end 'the situation' which pulls against it. The threat does not come from a fundamentally anti-democratic impulse, but a situation that drives an anti-democratic agenda.
Additionally, 'the situation' creates the environment where those who do not share the same vision of a liberal democratic Israel, namely the ultra-orthodox, manage always to hold the balance of power within the Knesset. 'The situation' allows for the church vs. state legislative battles to be deferred and delayed due to the necessities of coalitional compromises.
Simply strengthening Israeli human rights NGOs will not be enough to ensure a victory for those who see the declaration of independence as the prophetic vision of the modern State of Israel.
The longer and deeper 'the situation' persists, the more a resolution looks remote, the stronger 'the situation' becomes. Only by getting to an end to the conflict can we allow the Israeli declaration of independence to become actualised in its entirety.
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Exactly what Arabs, and specifically Palestinian leadership, refuse to agree to: "an end to the conflict".
What Israel should do is disengage from PA controlled areas, fence them, and disengage. The PA will trade with Jordan, Gaza will trade with Egypt. This will free Israel of 'the situation'.
Olmert and Livni were elected to do that in 2006, but somehow the Lebanon war changed their minds.
However, the fact of the matter is that the current government is the most right wing in Israel’s history, and has within it both a consensus to continue the occupation, and- increasingly- a consensus to limit liberal democracy’s ability to challenge that occupation. Lieberman (and an unhealthy number of Likud MKs) will hate leftists and Arabs regardless of what ‘situation’ Israel is facing. Similarly, leftists and Arabs will be marginalised citizens in the Israel that he and his cohorts want to build, regardless of whether the occupation ends or not.
It is up to everyone that cares for Israel to fight this trend. Otherwise, you will wake up one day and find an Israel that you no longer feel an affinity for; just another xenophobic, illiberal Middle Eastern regime, where good people fear for their freedoms because of their political persuasion, ethnicity or religion. If we’re able to recognise this trend, then we have a moral duty to try and reverse it- not just analyse and contextualise it.
If you can't speak their language your warnings wants and pressures will fall on deaf ears - this piece is very pointed at a particular segment of readership and by its very nature cannot be everything to everyone - the polemical nature of the conflict precludes this.
Never fear though, I am many others will continue to do all we can to reverse the trend, but without an accepted framework within the country to speak about - many of the efforts will be dismissed by those who want it to be ignored.
Also important is distinguishing between what IS, and what MIGHT BE. Israel is still a democracy. The direction of travel is, in my opinion, very, very worrying; but there's still time to reverse that. But it will take a committed and dedicated effort. Those trying to limit and reverse Israeli democracy are dedicated and collaborative, and have shown that they're willing to absorb a lot of internal and external criticism without changing course. It would be naive to presume that a gradual, soft-focused and conciliatory strategy on the part of those opposed to them will be effective I'm afraid. Unless people are willing to roll up their sleeves and take the vitriol that the Israeli right will fire at them, it'll end up being another case of the right defeating the left/centre, simply by virtue of them being willing to use their nails whilst the left hesitates.
"An ethnocracy is the opposite of a democracy, although it might incorporate some elements of democracy such as universal citizenship and elections. It arises when one particular group-the Jews in Israel, the Russians in Russia, the Protestants in pre-1972 Northern Ireland, the whites in apartheid South Africa, the Shi’ite Muslims in Iran, the Malay in Malaysia and, if they had their way, the white Christian fundamentalists in the US-seize control of the government and armed forces in order to enforce a regime of exclusive privilege over other groups in what is in fact a multi-ethnic or multi-religious society. Ethnocracy, or ethno-nationalism, privileges ethnos over demos, whereby one’s ethnic affiliation, be it defined by race, descent, religion, language or national origin, takes precedence over citizenship in determining to whom a county actually 'belongs.'" -Professor Jeff Halper, “An Israeli in Palestine: Resisting Dispossession, Redeeming Israel” Page 74.
PS: Jeff is US-Israeli, co-founder and coordinator of Israeli Committee Against House Demolitions -a collaborative effort of Israelis, Palestinians, Internationals who nonviolently resist the occupation by standing i front of Caterpillar bulldozers and working to rebuild the over 24,000 Palestinian homes and apartment buildings that Israel demolished with the goal to ethnically cleanse the land as Israel will not give Palestinians building permits.
Oh Lord. Please don’t let your people wake to the realisation, that nothing short of government of the people, by the people, for the people, is democracy.