Ruling clique splits over defining Israel

The article about President Rivlin’s position is followed by BICOM’s news piece and briefing. Insert: Sir Gerald Kaufman asks the PM about Israel’s Basic Law bill. Last – Tzipi Livni and Naftali Bennet join to condemn the bill.

President Reuven Rivlin

Rivlin comes out against Netanyahu’s ‘Jewish state’ bill

President says proposal undermines Israel’s Jewish character, warning democracy and Judaism must remain equal; calls for referendum

By Marissa Newman, Times of Israel
November 25, 2014

Proposed legislation that would enshrine in law Israel’s identity as a Jewish state is unnecessary and casts doubt on the state’s Jewish character, President Reuven Rivlin said Tuesday, registering for the first time his opposition to the measure and taking a position diametrically opposed to that of Prime Minister Benjamin Netanyahu.

Rather than the usual Knesset process of approval for the legislation, Rivlin also called for a national referendum on the bill, whose protagonists, led by Netanyahu, are seeking to create a constitutional “Basic Law” defining Israel’s identity as a Jewish state.

Insistently backed by Netanyahu, the measure has drawn fierce internal criticism, with ministers threatening to bolt the coalition. It also came under fire from the US State Department on Monday.

In an address at an Eilat conference, the president — who has no legislative powers — asked what the point of the law was.

“Does promoting this law, not in fact, question the success of the Zionist enterprise in which we are fortunate to live?” asked Rivlin, formerly a veteran Knesset member from Netanyahu’s own Likud party, who took over as state president from Shimon Peres in the summer.

The legislation has seen multiple versions, including from a number of hardliners, but is awaiting the drafting of a final cabinet-sponsored proposal that is to be presented in the Knesset next week.

The president decried the elevation of the state’s Jewish dimension over its democratic sensibilities proposed in some versions of the legislation, arguing that the two elements should remain equal, as in the Declaration of Independence, which also ensured the rights of its non-Jewish citizens.

Rivlin also said that a “full and comprehensive referendum” to weigh the legal repercussions of the bill would be in order for a change of this significance.

“Even if another law would eventually pass through the current Knesset, I am afraid that the atmosphere which led to the formation and proposal of this law will not quickly pass through either the Knesset of the Israeli public,” he said.

‘Judaism and democracy, democracy and Judaism, said as one utterance, are combined, and continue to be so. These are not merely words. This is the beating heart of the State of Israel’

— President Reuven Rivlin

The bill has yet to be presented to the Knesset, but a raft of clauses on which it is to based, approved by the cabinet Sunday, aim to put Israel’s democratic and Jewish natures on equal footing, while reserving the right of national determination within the state to “the Jewish people” alone.

The “hierarchical approach, which places Jewishness before democracy, misses the great significance of the Declaration of Independence, which combined the two elements together – without separating them,” Rivlin said.

“Judaism and democracy, democracy and Judaism, said as one utterance, are combined, and continue to be so. These are not merely words. This is the beating heart of the State of Israel. A state established on two solid foundations; nationhood on the one hand, and democracy on the other. The removal of one will bring the whole building down,” he said.

The president argued that the so-called “Jewish state” bill pits the two components at odds, rather than seeking a reconciliation. “Jewish is democratic and democracy is Jewish,” he reiterated.

“Our combined efforts must be invested not in drawing differences between Judaism and democracy, but in the mutual development and empowerment to be found where they meet,” he said.

In the speech, the president also called for a formal legal delineation of the judicial and legislative branches of government, outlining the roles and limitations of both.

Responding to both US and internal criticism on Tuesday, the prime minister had said the proposed legislation would not undercut Israel’s “vibrant” democracy.

“Israel is a democratic state, as it was and always will be,” Netanyahu said during a press conference with Czech Prime Minister Bohuslav Sobotka in Jerusalem. “I don’t know a country that is more democratic, or a more vibrant democracy than Israel in the world, certainly not in our region. What is being challenged today is Israel’s existence as the nation-state of Jewish people, and therefore we will anchor in the law this national right of the Jewish people alongside a guarantee of individual rights for all its citizens.”

Coalition leaders decided on Monday to delay a preliminary vote on two drafts of the proposed bill by one week, as some ministers vowed to continue to oppose the measure even if it meant their jobs — and the future of the coalition.

Yisrael Beytenu MK Robert Ilatov initially proposed the week-long delay, which was backed by the Jewish Home party at a meeting of coalition leaders in the Knesset Monday.

The decision came just hours after Justice Minister Tzipi Livni reiterated her intention to fight the bill, and challenged the prime minister to decide whether he was willing to break up his coalition over the measure.

“This bill will not pass because we are not ready and I am not prepared to be a fig leaf for something so problematic,” Livni told the Ynet news site on Monday. “And if it goes [to a vote, as had originally been scheduled] on Wednesday, I will not let it pass and will not compromise regarding its wording.

“The prime minister will have to decide whether he will fire ministers in his government and topple his coalition over their opposition to a law that goes against a Jewish and democratic Israel,” she said. “If he wants elections over this, no problem.”

Lazar Berman and Times of Israel staff contributed to this report.

Sir Gerald Kaufman with the key to Gaza (for unlocking the blockade he says) which was presented to him in 2013.

Sir Gerald and Mr. Anodyne

Questions to the Prime Minister
Hansard, November 26, 2014

Sir Gerald Kaufman (Manchester, Gorton) (Lab): Will the Prime Minister condemn the new Israeli Government Bill that removes what are defined as national rights from all Israeli citizens who are not Jews, makes Hebrew the only national language and has been denounced by the Israeli Attorney-General as causing a “deterioration of the democratic characteristic of the state”?

Will he make it clear that the statutory, repressive removal of citizenship rights on the basis of religion will turn Israel into an apartheid state?

The Prime Minister: One of the reasons I am such a strong supporter of Israel is that it is a country that has given rights and democracy to its people, and it is very important that that continues. When we look across the region and at the indexes of freedom, we see that Israel is one of the few countries that tick the boxes for freedom, and it is very important that it continues to do so.

Rivlin opposes controversial ‘Jewish State’ bill

BICOM news
November 26, 2014

Israel’s President Reuven Rivlin yesterday entered the debate on the controversial so-called ‘Jewish State’ bill. He criticised the proposed initiative as potentially damaging and emphasised that Judaism and democracy are the twin foundations of Israel.

Two versions of the bill have been proposed, both enshrining Israel’s status as a Jewish State but in a way which critics say would denigrate Israel’s minority communities. Meanwhile, Prime Minister Benjamin Netanyahu has drafted what is viewed as a more consensus driven, moderate set of principles on the issue. Netanyahu has expressed determination to pass a version of the legislation, which is virulently opposed by key coalition partners Yesh Atid and Hatnuah. A Knesset debate is scheduled for next week.

Speaking at the annual Conference of the State Prosecutor yesterday, President Rivlin, a former-MK from Netanyahu’s Likud Party sharply criticised the bill. He said, “We must ask ourselves seriously, what is the point of the proposed law?” asking, “Does this bill not in fact play into the hands of those who seek to slander us? Into the very hands of those who … see contradiction between our being a free people in our land, and the freedoms of the non-Jewish communities amongst us?”

Instead, said Rivlin, “Judaism and democracy, democracy and Judaism, said as one utterance … is the beating heart of the State of Israel. A state established on two solid foundations; nationhood on the one hand, and democracy on the other. The removal of one will bring the whole building down.” He called on “all Members of Knesset, on all citizens of Israel, Jews and non-Jews. Our combined efforts must be invested not in drawing differences between Judaism and democracy, but in the mutual development and empowerment to be found where they meet.”

Rivlin last month called for Israeli society to tackle the divisions which exist between Jewish and Arab citizens. As a Knesset member, he was known as an outspoken defender of Israeli democracy and Arab minority rights

BICOM Briefing: Proposed legislation on a ‘Jewish State’

November 25, 2014

Key Points

The Israeli government is divided over proposed legislation that will define Israel’s Jewish and democratic character.

A majority in the Cabinet has decided that a more moderate version of the bill, proposed by Prime Minister Netanyahu, will ultimately become the official government version.

Nonetheless, the first reading of the current draft, which includes more controversial clauses that will ultimately be dropped, has been delayed until 3 December to avoid a coalition crisis.

What legislation has been proposed?

On Sunday 23 November, after a heated debate which deeply divided the coalition, the Israeli Cabinet voted to bring to the Knesset a bill entitled ‘Basic Law: Israel – the National State of the Jewish People’ which would define the Jewish and democratic character of the state. In a confusing political process, multiple version of the same bill, proposed by Knesset members on the right of the coalition, were voted on by the cabinet. However, it was agreed that the official government version would be a more consensual draft to be based on principles outlined by Prime Minister Netanyahu.

Netanyahu’s proposed draft defines its objective as “Defining the State of Israel as the national state of the Jewish People, and anchoring the values of the State of Israel as a Jewish and democratic state in the spirit of the principles of the Declaration of Independence.” It goes on to state that the right of national self-determination is unique to the Jewish people in the State of Israel, whilst also stating that, the state, “upholds the individual rights of all its citizens according to law”. The bill states that Israel will cultivate Jewish culture and heritage whilst also stating that, “The State will act to enable all residents of Israel, regardless of religion, race or nationality, to preserve their culture, heritage, language and identity.” It commits Israel to assist Jews in distress, and also formally defines Israel’s flag, anthem and national holidays. With respect to Jewish law, it states only very vaguely that “Jewish law shall serve as a source of inspiration for the Knesset.”

The more controversial versions of the bill which will apparently not be taken forward, include clauses which define Hebrew as Israel’s sole national language to the detriment of Arabic, enhance the influence of Jewish law on court decisions and legislation, and appear to subordinate the democratic character of the state to that of its Jewish character.

What are the political motivations involved?

Two centrist parties in the coalition, Yesh Atid led by Yair Lapid, and Hatnua led by Tzipi Livni, have said they will not support hard line versions of the bill which would harm Israeli democracy, even if it means the collapse of the government. Though Yesh Atid would likely accept a more moderate version based on the principles outline by the Prime Minister, it is not clear if Tzipi Livni’s faction will. Critics have argued that the legislation is completely unnecessary and ill-timed, given the current high level of tensions between Jews and Arabs after a series of terror attacks.

Prime Minister Netanyahu argues that it is necessary to establish in law that Israel’s Jewish and democratic characters should be of equal weight, and also to respond to Palestinians and others who deny Jewish national rights.

The debate has to be seen in the context of domestic political rivalry, with a fracturing coalition and growing expectation of new elections. The row provides an opportunity for parties and parliamentarians on the right to prove their nationalist credentials, and to paint their centrist rivals as weak or disloyal. This feeds on the current heightened levels of tension in the country after a series of terror attacks.

It is just one example of legislation which is dividing the current coalition, with budgetary and economic measures being proposed by Yair Lapid being opposed by other parties in the government.

What is likely to happen next?

Unlikely allies: Finance Minister Yair Lapid and Justice Minister Tzipi Livni, Nov. 20, 2014. Photo by Ofer Vaknin

A first reading has been delayed until 3 December whilst the parties seek a compromise. Since the Prime Minister’s version is acceptable to Yesh Atid, it seems that the way to a solution is open, but given the political acrimony within the government, it is by no means certain.

In what sense is Israel ‘Jewish’ today?

Most Israeli Jews want to preserve Israel’s character as it is today, as both democratic and Jewish. Israel today is ‘Jewish’ in the sense that it has a 75 per cent Jewish majority, allows that majority to express the universal legal right to national self-determination, and is open to Jews who wish to immigrate. This is no different to most other states which express the right of the ethnic majority to self-determination, whilst still protecting the rights of minorities. [JfJfP emphasis]

Reference to a ‘Jewish state’ does not mean a state based on religious precepts, or a state which discriminates against non-Jews.

All Israelis today – both the 75 per cent Jewish majority and non-Jewish minorities – enjoy equal rights before the law and freedom of religion. Non-Jewish minorities enjoy collective rights in education, language and religion.

Existing basic laws in Israel defines Israel as “a Jewish and democratic state” and enshrine in law that: “Fundamental human rights in Israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free … in the spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.” Discrimination based on religious or ethnic identity is illegal.

In Israel’s May 1948 Declaration of Independence, Israel’s first Prime Minister David Ben Gurion declared the establishment of: “A Jewish State in Eretz-Israel [the Land of Israel], to be known as the State of Israel,” which would ensure “complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex,” and “will guarantee freedom of religion, conscience, language, education and culture.”

What is the historical background?

The State of Israel was admitted to the United Nations in May 1949, after declaring its independence as a Jewish state when the British Mandate ended in May 1948.

Israel’s Declaration of Independence as a Jewish state came after the United Nations General Assembly approved in November 1947, with a two-thirds majority, a plan to partition British Mandatory Palestine into a Jewish and an Arab state. The proposal was accepted by the Jews but rejected by the Arabs, who then launched the 1947-48 Arab-Israeli War.

The British government committed to support “the establishment in Palestine of a national home for the Jewish people” in the 1917 Balfour Declaration. This goal received international legal sanction under the League of Nations Mandate granted to Britain in 1922, which gave recognition to, “the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.”

The founder of modern political Zionism Theodore Herzl launched the modern political movement of Zionism with a pamphlet published in 1896 entitled Der Judenstaat (The State of the Jews). Following many centuries of anti-Semitic persecution in Europe, he and most other Zionist leaders envisaged a secular, democratic, Jewish majority state in which non-Jews would live as full and equal citizens.

Breaking ranks, Livni, Lapid say they won’t support Jewish nation-state bill

Ministers could lose jobs over continued opposition, as controversial bill draws criticism from AG, Israeli left and human rights groups.

By Jack Khoury, Revital Hovel and Jonathan Lis, Haaretz
November 23, 2014

Reactions decrying the cabinet’s approval of a bill that would enshrine in law Israel’s status as the nation-state of the Jewish people came fast and furious after the ministers’ vote.

The bill that passed was a combination of two bills, one proposed by Knesset members Ayelet Shaked and Yariv Levin, and the other by MK Zeev Elkin. The bill, which includes tough wording that both Justice Minister Tzipi Livni and Yesh Atid ministers oppose, will be incorporated into another version Netanyahu plans to present later this week.

Fourteen ministers supported the bill in Sunday’s vote, while six opposed it – the five Yesh Atid ministers and Livni.

“Yesh Atid and I are for a nation-state bill, just not this nation-state bill,” said Yesh Atid leader Yair Lapid. “The bill submitted today to the government puts a Jewish state before democracy. Ben-Gurion would not approve this bill. Begin and Jabotinsky would not approve it. It is an anti-democratic bill. Neither I nor Yesh Atid will vote on Wednesday for the nation-state bill as it was submitted.”

Livni said that she and Lapid made it clear they do not intend to support the bills, even though the government decision on Sunday obliges them to do so. If they oppose the bills, Netanyahu is liable to dismiss them because it would be expressing a lack of confidence in a government decision to which they belong.

Will they vote against the coalition and risk being sacked? Will they decide not to show up for the vote? It remains unclear. Livni herself refused to say how she will vote.

“I will not lend a hand to this bill. I will not vote for it,” she told Channel 2 News on Sunday. “I am thinking of voting against. I certainly won’t let the proposal pass as long as it depends on me,” she added. “I won’t allow the bill to pass while I am in the bathroom.”

The coalition factions stressed Sunday night that discussions regarding a compromise had yet to bring any results. Likud officials said they would seriously consider pushing through a compromise with Yesh Atid and Hatnuah. They did not rule out postponing the scheduled vote on Wednesday.

“We don’t want to blow up the coalition, but they are not prepared to negotiate with us,” said a senior Likud official. According to him, “There is no concrete talk right now, but it’s important to make it clear that we are not looking for an excuse to fire either Lapid or Livni.”

‘Crime against Israeli democracy’

Meretz chairwoman Zahava Gal-On said that Prime Minister Benjamin Netanyahu and his right-wing coalition partners are committing a “crime against Israeli democracy, and will be responsible for one of the blackest stains on Israeli law.”

Gal-On said that even a tamer version of the bill being proposed by Netanyahu undermines the principle of equality and turns Israel’s Arab population into second-class citizens.

Attorney General Yehuda Weinstein warned about the bill’s potentailly deleterious effects. “Certain aspects of the proposals in the bill would substantially change the principle of constitutional law as anchored in the Proclamation of Independence and the Basic Laws of the Knesset,” he said on Sunday. The attorney general added these facets of the bill would lead to deterioration in the “democratic character of the state.”

The Israel Democracy Institute said:

The version of the nation-state bill approved today is bad for everyone who holds the State of Israel dear. The MKs must come to their senses and scrap this bill even before it comes to the Knesset on Wednesday. “This is a bill that tramples on the [state’s] democratic component, doesn’t allow true equal rights for the minorities who live among us and its real purpose is to dictate to the courts how to rule. The State of Israel is already the nation-state of the Jewish people, and the guiding principles for achieving this declaration are written in the declaration of independence.

The IDI added that it supported the position of Prof. Ruth Gavison that “It would be better to legislate such a law only in the context of writing a constitution.”

Jafar Farah, director of the Mossawa Center, the Advocacy Center for Arab Citizens in Israel, said, “The nation-state bill is evidence of a confused government that can’t even decide who is a Jew. It comes on top of the basic laws that already defined Israel as Jewish and dozens of laws that give excessive rights to Jews in Israel and throughout the world, while ignoring a fifth of the country’s citizens.

“This law is aimed at increasing the tension between Jews and Arabs. It won’t lower the cost of living, won’t reduce housing prices and won’t bring economic growth,” Farah added. “The Mossawa Center is calling for a Jewish-Arab civic response, and for the legislation of an ‘Arab minority in Israel’ law.”

MK Taleb Abu Arar (United Arab List-Ta’al) called the bill a racist law aimed at forcing Arabs out of Israel. “Any government could have approved the anti-Arab laws approved by the Netanyahu government, but previous governments had a broader view,” he said.

“Now the thinking of the ruling leadership is different; its aim is to [stay in power] by whitewashing its series of failures, by becoming more extreme against Arabs in general, and by scaring the public over security.

“The intifada in the occupied territories wasn’t stopped by the force Israel used, but by breakthroughs that occurred in the peace process,” Abu Arar added. “The solution to this wave [of violence] is equal rights and correcting the injustices caused to Arab society, not aggressive deterrence.”

Even Hamas had what to say about the bill, calling it a warning to the entire Arab world. “This is a warning sign and an alarm that must concern every Palestinian, Arab, and Muslim, and points to Israel’s plans for the entire region,” Hamas’ announcement said.

The statement added that the decision will lead to a religious war based on Israeli legends that the occupation tries to use to seize control of the region, steal its treasures and humiliate its people, “And we, with all the power of our people and the nations of the region, will aim for the failure of the Zionist project.”

Economy Minister Naftali Bennett, who voted for the bill, said it would also rescue south Tel Aviv from “infiltrators,” terminology referring to the many African asylum seekers who reside there.

“The next time a law meant to stop infiltrators is brought to the High Court of Justice, the court will also have to consider that Israel is the ‘nation-state of the Jewish people’ and not just ‘human dignity and freedom.’ This is an important message for the residents of south Tel Aviv and for the entire country.”