{"id":9390,"date":"2018-09-04T06:56:19","date_gmt":"2018-09-04T06:56:19","guid":{"rendered":"https:\/\/kohelet.org.il\/article\/concerned-jews-of-america-here-are-answers-to-your-pledge\/"},"modified":"2024-07-01T08:13:25","modified_gmt":"2024-07-01T08:13:25","slug":"concerned-jews-of-america-here-are-answers-to-your-pledge","status":"publish","type":"article","link":"https:\/\/www.kohelet.org.il\/en\/article\/concerned-jews-of-america-here-are-answers-to-your-pledge\/","title":{"rendered":"Concerned Jews of America, Here Are Answers to Your Pledge"},"content":{"rendered":"

A \u201cPledge\u201d against Israel\u2019s new nation-state law was recently put online\u00a0<\/span><\/span>(<\/span><\/span>here<\/span><\/span><\/a>)\u00a0<\/span><\/span>by\u00a0<\/span><\/span>eight\u00a0<\/span><\/span>organizations:\u00a0<\/span><\/span>T\u2019ruah<\/span><\/span>\u00a0(the rabbinic call for human rights), the New Israel Fund, J-Street,\u00a0<\/span><\/span>Ameinu<\/span><\/span>, American for Peace Now, the National Council of Jewish Women, Partners for progressive Israel, and the Union for Reform Judaism.<\/span><\/span>\u00a0According to the text of the pledge,<\/span><\/span>\u00a0\u201c<\/span><\/span>Sixty-two members of Knesset voted to approve the\u00a0Nation-State Law, which denigrates minorities within Israel, as well as Jews outside of Israel. Take the pledge to hold these MKs to account for their vote, which threatens democracy and equality in Israel, by demanding answers from them.\u201d<\/span><\/span><\/p>\n

The pledge also states that \u201c<\/span><\/span>If any of the 62 Members of Knesset who voted for the Nation-State Law speak in my community, or at a conference I am attending, or on a delegation I participate in, I will ask these questions.<\/span><\/span>\u201c<\/span><\/span>\u00a0\u00a0Those questions are listed below. \u00a0<\/span><\/span><\/p>\n

Even though I am not a member of Knesset, the following questions are also addressed to me\u00a0<\/span><\/span>since<\/span><\/span>\u00a0I am a\u00a0<\/span><\/span>s<\/span><\/span>enior\u00a0<\/span><\/span>f<\/span><\/span>ellow at the\u00a0<\/span><\/span>Kohelet<\/span><\/span>\u00a0P<\/span><\/span>olicy Forum (the think tank that initiated and promoted the\u00a0<\/span><\/span>nation-state law<\/span><\/span>) as well a member of\u00a0<\/span><\/span>the\u00a0<\/span><\/span>Likud <\/span><\/span>party<\/span><\/span>. \u00a0Had I been a member of Knesset, I would have voted in favor of the nation-state law. \u00a0Below\u00a0<\/span><\/span>are my answers to the questions asked by the above organizations. Those questions and answers address key disagreements between the Israeli government and liberal American Jews.<\/span><\/span><\/p>\n

\u00a0<\/span><\/span>\u00a0<\/span><\/span>\n<\/span><\/span>1. Israel\u2019s Declaration of Independence states that Israel will \u201censure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex and \u201cguarantee freedom of religion, conscience, language, education and culture.\u201d<\/span><\/span><\/strong><\/p>\n

\u2022 Do you believe that non-Jewish citizens of Israel deserve all\u00a0<\/span><\/span><\/strong>of the same rights as Jewish citizens of Israel?\u00a0<\/strong>\n<\/span><\/span><\/p>\n

Yes, except for the right to national self-determination<\/span><\/span>\u00a0within the territory of the state<\/span><\/span>. \u00a0 Israel\u2019s Declaration of Independence grants the right to national self-determination<\/span><\/span>\u00a0within the State of Israel<\/span><\/span>\u00a0only to the Jewish people,\u00a0<\/span><\/span>but<\/span><\/span>\u00a0it\u00a0<\/span><\/span>also\u00a0<\/span><\/span>grants equal civic rights to all citizens\u00a0<\/span><\/span>regardless of their ethnic or religious identity<\/span><\/span>. \u00a0Here are\u00a0<\/span><\/span>six<\/span><\/span>\u00a0quotes from\u00a0<\/span><\/span>the\u00a0<\/span><\/span>Declaration of Independence which prove\u00a0<\/span><\/span>that the State of Israel reserves the right to national self-determination<\/span><\/span>, within its border<\/span><\/span>s<\/span><\/span>,<\/span><\/span>\u00a0to\u00a0<\/span><\/span>the Jewish people<\/span><\/span>:<\/span><\/span><\/p>\n\n

\u2713\u00a0<\/span>\u201cIn 1897, the Zionist Congress convened by Theodore Herzl proclaimed the right of the Jewish people to national self-determination in its land<\/span><\/span>.\u201d<\/span><\/span><\/div>\n
\u2713\u00a0<\/span>\u201cThe Jewish people has a natural right to national self-determination, like any other people.\u201d<\/span><\/span><\/div>\n
\u2713\u00a0<\/span>\u201cWe hereby declare the establishment of a Jewish state in the Land of Israel.\u201d<\/span><\/span><\/div>\n
\u2713\u00a0<\/span>\u201cThe State of Israel shall be open to Jewish immigration and to the ingathering of the exiles.\u201d<\/span><\/span><\/div>\n
\u2713\u00a0<\/span>\u201c<\/span><\/span>We call upon the Jewish people throughout the Diaspora to unite around Israel, via immigration and construction, and to stand by Israel to achieve the age-old vision of Israel\u2019s redemption.\u201d<\/span><\/span><\/div>\n
\u2713\u00a0<\/span>\u201cPlacing our trust in the Rock of Israel, we hereby sign the present declaration \u2026 in the homeland.\u201d\u00a0<\/span><\/span>\u00a0<\/span><\/span><\/div>\n

While the Declaration of Independence reserves the right to national self-determination<\/span><\/span>\u00a0to the\u00a0<\/span><\/span>Jewish people<\/span><\/span>, it also grants equal civic rights to all citizens regardless of their identity. \u00a0The Declaration states that Israel shall \u201cguarantee completely equal political and social rights to all its citizens regardless of their religion, race, or sex.\u201d \u00a0<\/span><\/span><\/p>\n

The principles of\u00a0<\/span><\/span>exclusive\u00a0<\/span><\/span>national self-determination and of equal civic rights are not\u00a0<\/span><\/span>incompatible.<\/span><\/span>\u00a0\u00a0Israel\u2019s flag only has a Jewish symbol; Israel\u2019s national anthem sings the Jewish longing for Zion; Israel\u2019s law of return privileges Jewish immigration; the Bedouins cannot declare national independence\u00a0<\/span><\/span>in the\u00a0<\/span><\/span>Negev desert<\/span><\/span>,\u00a0<\/span><\/span>n<\/span><\/span>or\u00a0<\/span><\/span>can\u00a0<\/span><\/span>the Arabs<\/span><\/span>\u00a0in the Galilee.<\/span><\/span>\u00a0\u00a0Yet all citizens of Israel<\/span><\/span>\u00a0can vote and be elected to the Knesset<\/span><\/span>; they<\/span><\/span>\u00a0can<\/span><\/span>\u00a0all<\/span><\/span>\u00a0become judges at the Supreme\u00a0<\/span><\/span>C<\/span><\/span>ourt<\/span><\/span>;<\/span><\/span>and\u00a0<\/span><\/span>all\u00a0<\/span><\/span>are eligible to\u00a0<\/span><\/span>the same\u00a0<\/span><\/span>social benefits. \u00a0<\/span><\/span>Indeed, there<\/span><\/span>are Arab members of Knesset as well as\u00a0<\/span><\/span>Arab\u00a0<\/span><\/span>Supreme Court justices<\/span><\/span>, and there is a Druze minister in the government<\/span><\/span>. \u00a0A<\/span><\/span>ll citizens\u00a0<\/span><\/span>receive the same benefits from the National Insurance Institute whether they are Jewish, Arab, Muslim, Christian, etc. \u00a0<\/span><\/span><\/p>\n

Israel is not alone in being altogether a nation-state and a democracy. \u00a0Most European countries are. \u00a0No less than\u00a0<\/span><\/span>seventeen members of the European Union (EU)<\/span><\/span>\u00a0have a constitution that proclaims sovereignty in the name of the country\u2019s\u00a0<\/span><\/span>majority<\/span><\/span>\u00a0nation<\/span><\/span>: Austria, Bulgaria, Croatia, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, and Spain.<\/span><\/span><\/p>\n

Americans and Canadians are generally unaware of the fact that their countr<\/span><\/span>y<\/span><\/span>is<\/span><\/span>\u00a0the exception and not the rule in not being\u00a0<\/span><\/span>a\u00a0<\/span><\/span>nation-state. \u00a0To most Europeans, by contrast, being altogether a nation-state and a democracy is self-evident.<\/span><\/span><\/p>\n

The nation-state law preserves and enshrines the rights of minorit<\/span><\/span>ies<\/span><\/span>. \u00a0It officializes the \u201cspecial status\u201d of the Arabic language\u00a0<\/span><\/span>(Article 4) and it recognizes to Israel\u2019s minorities the right to rest on their religious and\/or national holidays and days of rest (Article 10). \u00a0<\/span><\/span>\u00a0\u00a0\u00a0<\/span><\/span>\u00a0<\/span><\/span>\u00a0\u00a0<\/span><\/span>\u00a0\u00a0<\/span><\/span><\/p>\n

\u2022 If so, why did you vote for the nation-state bill, which pointedly disenfranchises Israel\u2019s minorities\u00a0<\/span><\/span>\u2013<\/span><\/span>and<\/span><\/span>\u00a0never once uses the words \u201cequality\u201d or \u201cdemocracy\u201d?<\/span><\/span><\/strong><\/p>\n

The nation-state law does not disenfranchise Israel\u2019s minorities. \u00a0Reserving the right t<\/span><\/span>o national self-determination to the state\u2019s\u00a0<\/span><\/span>majority<\/span><\/span>\u00a0nation was recognized as a legitimate and universal right by the League of Nations after World War One. \u00a0It is based on this right that the Austro-Hungarian Empire was replaced by nation-states<\/span><\/span>,<\/span><\/span>\u00a0and that the Ottoman Empire was replaced by mandates in which nations (including the Jews)<\/span><\/span>\u00a0were to eventually achieve\u00a0<\/span><\/span>their<\/span><\/span>\u00a0independence. \u00a0<\/span><\/span><\/p>\n

The nation-state law completes Israel\u2019s\u00a0<\/span><\/span>constitutional order<\/span><\/span>. \u00a0Israel does not have a constitution but only \u201cbasic laws\u201d<\/span><\/span>which were granted constitutional status by the Supreme Court.<\/span><\/span>\u00a0\u00a0<\/span><\/span>Constitutions generally codify three principles: a. The purpose and identity of the state; b. The separation of powers; c. The fundamental rights<\/span><\/span>\u00a0of citizens<\/span><\/span>.<\/span><\/span><\/p>\n

Israel already has basic laws that define the separation of powers (such<\/span><\/span>\u00a0as\u00a0<\/span><\/span>Basic law:\u00a0<\/span><\/span>the Knesset) and that protect fundamental rights (such as<\/span><\/span>\u00a0B<\/span><\/span>asic law<\/span><\/span>:\u00a0<\/span><\/span>H<\/span><\/span>uman\u00a0<\/span><\/span>D<\/span><\/span>ignity and\u00a0<\/span><\/span>F<\/span><\/span>reedom). \u00a0Israel did not have a basic law on the purpose and identity of the state. \u00a0Now it does.<\/span><\/span><\/p>\n

Israel\u2019s nation-state law<\/span><\/span>\u00a0does what most European constitutions do: it specifies that the right to\u00a0<\/span><\/span>self-determination<\/span><\/span>\u00a0belongs to the majority nation; it describes the flag; and it codifies the country\u2019s official language, national anthem, and national holidays. \u00a0<\/span><\/span>\u00a0The new nation-state law is<\/span><\/span>the equivalent of a few articles in\u00a0<\/span><\/span>European constitutions<\/span><\/span>. \u00a0<\/span><\/span>The new basic law<\/span><\/span>\u00a0does not replace other basic laws but completes them. \u00a0It is not a constitution but an addition to an incomplete constitutional\u00a0<\/span><\/span>order<\/span><\/span>.<\/span><\/span><\/p>\n

The new basic law is no different in content from the articles of European constitutions related to the state\u2019s identity. \u00a0As explained above, seventeen European constitutions proclaim\u00a0<\/span><\/span>the country\u2019s\u00a0<\/span><\/span>sovereignty in the name of\u00a0<\/span><\/span>its<\/span><\/span>majority nation.<\/span><\/span><\/p>\n

Nineteen European constitutions describe the country\u2019s flag (Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, and Spain).<\/span><\/span>\u00a0\u00a0Twelve European countries have a cross on their flag (Denmark, Finland,\u00a0<\/span><\/span>Greece, Iceland, Malta, Moldova, Norway, Serbia, Slovakia, Sweden, Switzerland, and the UK). \u00a0<\/span><\/span><\/p>\n

Sixteen<\/span><\/span>\u00a0European constitutions\u00a0<\/span><\/span>specify that the country has<\/span><\/span>one\u00a0<\/span><\/span>(<\/span><\/span>and only<\/span><\/span>\u00a0one)<\/span><\/span>official language (Austria,<\/span><\/span>\u00a0Bulgaria,<\/span><\/span>Croatia, Cyprus, Estonia,\u00a0<\/span><\/span>France, Ireland,\u00a0<\/span><\/span>Latvia, Lithuania, Malta, Poland,\u00a0<\/span><\/span>Portugal,\u00a0<\/span><\/span>Romania,\u00a0<\/span><\/span>Slovakia,\u00a0<\/span><\/span>Slovenia, and\u00a0<\/span><\/span>Spain<\/span><\/span>)<\/span><\/span>.<\/span><\/span><\/p>\n

T<\/span><\/span>hirteen European constitutions codify their national anthem (<\/span><\/span>Bulgaria, Croatia, Czech Republic, Estonia,\u00a0<\/span><\/span>France,\u00a0<\/span><\/span>Hungary, Lithuania, Malta, Poland,\u00a0<\/span><\/span>Portugal,<\/span><\/span>\u00a0Romania,<\/span><\/span>\u00a0Slovakia, and Slovenia).<\/span><\/span><\/p>\n

Accusing Israel\u2019s nation-state law of not dealing with the rights of minorit<\/span><\/span>ies<\/span><\/span>\u00a0is like accusing Article II of the French constitution (which codifies the official language, the flag and the national anthem) of not dealing with the separation of powers. \u00a0Different articles of a constitution relate to separate issues<\/span><\/span>. \u00a0So, too,<\/span><\/span>Israel\u2019s basic laws. \u00a0Equality, democracy, and the separation of powers are already codified by other basic laws. \u00a0<\/span><\/span>Basic Law: The\u00a0<\/span><\/span>Knesset<\/span><\/span>\u00a0deals with the separation of powers, not with the state\u2019s identity<\/span><\/span>. \u00a0<\/span><\/span>Basic Law: Human Dignity and Freedom deals with freedom, not with the separation of powers<\/span><\/span>.<\/span><\/span>\u00a0Basic Law: Nation<\/span><\/span>-State<\/span><\/span>\u00a0deals with the state\u2019s identity, not with\u00a0<\/span><\/span>rights<\/span><\/span>\u00a0or with the separation of powers. \u00a0All of Israel\u2019s basic law<\/span><\/span>s<\/span><\/span>\u00a0have an equal constitutional status; none is replaced or superseded by others.<\/span><\/span><\/p>\n

Israel\u2019s Declaration of Independence never once uses the word \u201cdemocracy.\u201d \u00a0Basic Law: Human Dignity and Freedom never once uses the word \u201cequality.\u201d \u00a0Why does the absence of those words arouse concern only when it comes to Basic Law: Nation-State?<\/span><\/span>\u00a0\u00a0<\/span><\/span>The principle of equality before the law is enshrined in the jurisprudence of Israel\u2019s High Court of Justice, and it is neither undermined nor diminished by the nation-state law. \u00a0The nation-state law grants constitutional status to the Jewish right to national self-determination proclaimed by Israel\u2019s Declaration of Independence. \u00a0Doing so was necessary because\u00a0<\/span><\/span>the<\/span><\/span>\u00a0High Court of Justice ruled\u00a0<\/span><\/span>back in 1948 that the Declaration of Independence does not have the status of a law or of a constitution. \u00a0 \u00a0 \u00a0<\/span><\/span><\/p>\n

2. Defenders of the Nation-State Law say it provides a necessary legal defense of Israel\u2019s Jewish character.<\/span><\/span>\u00a0<\/span><\/span><\/strong><\/p>\n

\u2022 Can you explain what you perceive to be the threat to Israel\u2019s Jewish character that necessitated this new law?\u00a0<\/span><\/span><\/strong><\/p>\n

Passing<\/span><\/span>\u00a0the nation-state basic<\/span><\/span>\u00a0law was necessary because of the judicial activism of Israel\u2019s High Court of Justice in the past two decades.<\/span><\/span><\/p>\n

In 1992<\/span><\/span>\u00a0and 1994<\/span><\/span>\u00a0the Knesset passed two basic laws: one on \u201chuman dignity and freedom\u201d and one on \u201cfreedom of occupation.\u201d Justice\u00a0<\/span><\/span>Aharon<\/span><\/span>\u00a0Barak (who presided the Supreme Court between 1995 and 2006) proclaimed a \u201cconstitutional revolution\u201d after the passing of those two basic laws. What Barak meant was that the High Court of Justice could now strike down laws passed by the Knesset if deemed \u201cunconstitutional\u201d (i.e. incompatible with the two new basic laws).\u00a0 Nowhere in the basic law does it say that the court is entitled to use them to strike down regular legislation. Yet Barak unilaterally granted that power to the court in a 1995 ruling.\u00a0<\/span><\/span>\n<\/span><\/span><\/p>\n

The \u201cconstitutional revolution\u201d has affected Israel\u2019s identity as a nation-state.\u00a0 The basic law on \u201chuman dignity and freedom\u201d states that Israel is a \u201cJewish and democratic state.\u201d But what happens when Jewish and democratic values conflict? No problem, Barak wrote in 1992: In case of a conflict, the word \u201cJewish\u201d shall be interpreted by the court \u201cwith the highest level of abstraction.\u201d In other words, it shall be ignored. Theoretically, the court could use in its rulings Israel\u2019s Declaration of Independence, which defines Israel is a Jewish state. Yet<\/span><\/span>, as explained before,<\/span><\/span>\u00a0the court ruled in 1948 that the Declaration of Independence has no constitutional value.<\/span><\/span><\/p>\n

T<\/span><\/span>he Court\u2019s<\/span><\/span>\u00a0activism, combined with the \u201chighest level of abstraction\u201d with which Barak interpreted Israel\u2019s Jewishness, were soon to be felt. The\u00a0<\/span><\/span>C<\/span><\/span>ourt ruled that a Jew cannot purchase a plot of land in a Bedouin village (<\/span><\/span>Avitan<\/span><\/span>\u00a0case, 1989), but that an Arab can build a house in a village established by the Jewish Agency (<\/span><\/span>Ka\u2019adan<\/span><\/span>\u00a0case, 2000). The\u00a0<\/span><\/span>C<\/span><\/span>ourt was petitioned twice by NGOs (in 2006 and in 2012) to cancel Israel\u2019s citizenship law so as to impose on Israel the Palestinian \u201cright of return\u201d through the back door via fictitious marriages. Though the\u00a0<\/span><\/span>C<\/span><\/span>ourt rejected both petitions, it did so with a razor-thin majority of six to five.<\/span><\/span><\/p>\n

\u2022 Can you name any way in which this law actually accomplishes this stated goal?<\/span><\/span>\u00a0<\/span><\/span><\/strong><\/p>\n

Part of\u00a0<\/span><\/span>Aharon<\/span><\/span>\u00a0Barak\u2019s \u201cconstitutional revolution\u201d\u00a0<\/span><\/span>was also to repeal the standing (or\u00a0<\/span><\/span>locus standi<\/span><\/span>) principle (i.e.\u00a0<\/span><\/span>the ability of a party to demonstrate to the court sufficient connection to and harm from the\u00a0<\/span><\/span>law<\/span><\/span>\u00a0or action challenged to support that party\u2019s participation in the case), and to declare that the Court may be petitioned on any issue and not only on legal ones (\u201canything is justiciable\u201d was Barak\u2019s formula). \u00a0As a result, NGOs (many of them funded by the New Israel Fund) petition the Court to challenge\u00a0<\/span><\/span>laws and\u00a0<\/span><\/span>government decisions which they deem unfit to their political agendas. \u00a0This phenomenon undermines the principle of national sovereignty and it constitutes a threat to laws, decisions and symbols that make Israel a nation-state. \u00a0<\/span><\/span><\/p>\n

Laws and symbols related to Israel\u2019s Jewish identity are not immune from petitions at the High Court of Justice. The \u201claw of return\u201d (which grants automatic immigration rights\u00a0<\/span><\/span>only\u00a0<\/span><\/span>to Jews) might one day be struck down for being discriminatory; Israel\u2019s national anthem (which expresses the Jews\u2019 two-millennia faithfulness to their land) and flag (which only has a Jewish symbol) could be challenged in court for ignoring the feelings of the Arab minority; and taxpayers could petition the court against the spending of their money on the preservation of Jewish identity in the Diaspora. Until the passing of nation-state basic law, the court had no constitutional basis to reject such petitions and to protect Israel\u2019s Jewishness. Now it does.<\/span><\/span><\/p>\n

3. One of the consequences of the Nation-State Law was to create a needless crisis with Israel\u2019s Druze citizens.<\/span><\/span>\u00a0<\/span><\/span><\/strong><\/p>\n

\u2022 Despite their generations of service and sacrifice for Israel, do you not see the Druze as equal citizens and partners in Israel\u2019s society and future?\u00a0<\/span><\/span><\/strong><\/p>\n

The Druze\u00a0<\/span><\/span>are\u00a0<\/span><\/span>equal citizens<\/span><\/span>\u00a0and partners in Israel\u2019s society and future<\/span><\/span>\u00a0like\u00a0<\/span><\/span>other<\/span><\/span>\u00a0Israel<\/span><\/span>i<\/span><\/span>\u00a0citizens.<\/span><\/span>\u00a0\u00a0They enjoy all the civic rights granted by the state<\/span><\/span>. \u00a0But they do not have a right to national and territorial self-determination\u00a0<\/span><\/span>within the borders of the State of Israel. \u00a0<\/span><\/span>They cannot, for example, declare an independent state in the Golan Heights. \u00a0The same restrictions exist in other democratic nation-states. \u00a0The Catalans and the Basques are equal citizens of the Spanish kingdom, but they are constitutionally barred from declaring their national independence (as the Catalans can testify). \u00a0Likewise,\u00a0<\/span><\/span>the\u00a0<\/span><\/span>Corsicans are\u00a0<\/span><\/span>equal citizens of the French Republic, but they do not have a right to national self-determination under the French Constitution<\/span><\/span>. \u00a0The list goes on.<\/span><\/span><\/p>\n

Ayoob<\/span><\/span>\u00a0Kara, Israel\u2019s Telecommunications Minister, is Druze. \u00a0He voted in favor of the law because, he said, \u201cIf there were no Jewish state, we Druze would be massacred just like in Syria. \u00a0The Jewish state of Israel is the only Middle East country where the Druze and the Arabs are free.\u201d \u00a0<\/span><\/span>The Druze are not the only minority in Israel to feel that way. \u00a0<\/span><\/span>Shaki<\/span><\/span>Khalloul<\/span><\/span>, Chairman of the Israeli Christian Aramaic Association is a vocal supporter of the nation-state basic\u00a0<\/span><\/span>law:<\/span><\/span>\u201cIt is only because it is Jewish that Israel is democratic and that we Aramaic Christians are free\u201d<\/span><\/span>\u00a0he explained.<\/span><\/span>\u00a0\u00a0Th<\/span><\/span>ese<\/span><\/span>people feel that they are equal citizens and partners in Israel\u2019s society and future precisely because Israel is a Jewish state.<\/span><\/span><\/p>\n

It would be misleading to describe the demonstration (on August 4<\/span><\/span>th<\/span><\/span>,<\/span><\/span>\u00a02018) of Druze leaders and citizens against the nation-state law as a spontaneous and a-political one. \u00a0The demonstration was organized by NGO<\/span><\/span>s<\/span><\/span>\u00a0such as<\/span><\/span>\u00a0\u201cANU.\u201d \u00a0<\/span><\/span>ANU, which<\/span><\/span>\u00a0receive<\/span><\/span>s<\/span><\/span>\u00a0funding<\/span><\/span>\u00a0from the New Israel Fund<\/span><\/span>\u00a0and from the European Union<\/span><\/span>,\u00a0<\/span><\/span>wrote on its websites two lies about the nation-state law: a. That it cancels the principle of civic\u00a0<\/span><\/span>e<\/span><\/span>quality (it doesn\u2019t); b. That it justifies the unequal distribution of national resources (it doesn\u2019t either).<\/span><\/span>\u00a0\u00a0ANU also wrote on its website that \u201cThe Israeli government purposely\u00a0<\/span><\/span>undermines the international right of minorities to national self-determination.\u201d \u00a0As explained before, there is no such \u201cinternational right<\/span><\/span>,<\/span><\/span>\u201d and\u00a0<\/span><\/span>the national self-determination of minorities<\/span><\/span>\u00a0explicitly rejected by most European constitutions. \u00a0But ANU\u2019s endgame is clear: it advocates the national self-determination of minorities in Israel, which would enable the Druze to claim sovereignty in the Golan, the Bedouins in the Negev, and the Arabs in the Galilee. \u00a0This would spell the territorial disintegration of the State of Israel.\u00a0<\/span><\/span><\/p>\n

So the crisis with the Druze community was not created by the law but by political NGOs that spread lies about the law.<\/span><\/span><\/p>\n

\u2022 If you do, why did you vote for the Nation State Law and what will you now do to repair this damage?\u00a0<\/span><\/span><\/strong>\n<\/span><\/span><\/p>\n

No damage was caused by the law, and therefore no damage needs to be repaired.<\/span><\/span>\u00a0\u00a0<\/span><\/span>Yet the government has agreed to address the concerns\u00a0<\/span><\/span>expressed by<\/span><\/span>certain Druze leaders<\/span><\/span>. \u00a0After meeting with leader<\/span><\/span>s<\/span><\/span>\u00a0of the Druze community, the Prime Minister has agreed to promote legislation that<\/span><\/span>\u00a0shall anchor<\/span><\/span>\u00a0the status of the Druze and Circassian communities<\/span><\/span>, and that shall provide\u00a0<\/span><\/span>benefits to members of minority groups who serve in the security forces. \u00a0The law will also institutionalize financial support for Druze education and culture. \u00a0<\/span><\/span>It was also agreed that<\/span><\/span>\u00a0existing basic laws<\/span><\/span>\u00a0shall<\/span><\/span>\u00a0be amended\u00a0<\/span><\/span>so<\/span><\/span>\u00a0as to recognize the contribution made by all minorities and communities that participate in the defense of the country.<\/span><\/span><\/p>\n

4. The provisions of the Nation-State Law, which you supported, also discriminate against Israel\u2019s non-Orthodox Jews.<\/span><\/span><\/strong><\/p>\n

\u2022 Do you understand that this alienates the majority of American Jews, damages their connection to Israel and weakens overall support for Israel in the United States?\n<\/span><\/span><\/strong>\u2022 Does this concern you?<\/span><\/span><\/strong><\/p>\n

Do\u00a0<\/span><\/span>you<\/span><\/span>\u00a0understand that the above statement (point #4) is factually wrong?<\/span><\/span><\/p>\n

The nation-state law does not discriminate against Israel\u2019s non-Orthodox Jews. \u00a0The English translation of the law is available online\u00a0<\/span><\/span>here<\/span><\/span><\/a>. \u00a0<\/span><\/span>I challenge you to show me what article of the law discriminates against Israel\u2019s non-Orthodox Jews. \u00a0<\/span><\/span>People are entitled to their own opinions about this law, but they are not entitled to their own facts.<\/span><\/span>\u00a0\u00a0Those who make up unfounded accusations, without even bothering to read the text of the law, have only themselves to blame for grievances that are not grounded in fact.<\/span><\/span>\u00a0\u00a0<\/span><\/span><\/p>\n

The nation-state<\/span><\/span>\u00a0law officializes Israel\u2019s responsibilities toward Diaspora Jews\u00a0<\/span><\/span>regardless\u00a0<\/span><\/span>of their religious affiliation (or lack thereof). \u00a0<\/span><\/span>Far from driving a wedge between Israel and Diaspora Jewry, the nation-state basic law\u00a0<\/span><\/span>institutionalizes the link and mutual responsibility between Israel and Diaspora Jews. \u00a0<\/span><\/span>Article 6 of the law says the following: a. The State shall strive to ensure the safety of members of the Jewish People and of its citizens, who are in trouble and in captivity, due to their Jewishness or due to their citizenship; b. The State shall act, in the Diaspora, to preserve the ties between the State and members of the Jewish People; c. The State shall act to preserve the cultural, historical and religious heritage of the Jewish People among Jews in the Diaspora.<\/span><\/span><\/p>\n

Israel\u2019s ultra-orthodox legislators had strong reservations about Article 6\u00a0<\/span><\/span>precisely<\/span><\/span>\u00a0because it includes all Jews. \u00a0Article 6(c) implies that the State of Israel shall share the cost of Jewish education in the Diaspora<\/span><\/span>, with no distinction between Orthodox, Conservative, and Reform<\/span><\/span>. \u00a0Ultra-Orthodox members of Knesset opposed that clause because they did not want their\u00a0<\/span><\/span>taxpayer money to go to Reform of Conservative Jews in America. \u00a0Yet the article was approved despite their opposition. \u00a0<\/span><\/span><\/p>\n

So what concerns me is the fact that some people do not<\/span><\/span>\u00a0even<\/span><\/span>take the time to read a one-page\u00a0<\/span><\/span>bill<\/span><\/span>, make up false claims about it, and then get upset\u00a0<\/span><\/span>because of<\/span><\/span>\u00a0their\u00a0<\/span><\/span>own\u00a0<\/span><\/span>unfounded accusations. \u00a0If we want to have an honest and rational debate, it must be grounded in facts.\u00a0<\/span><\/span><\/p>\n

5. Many critics feel that the Nation-State Law \u2013 and others the current Knesset has passed \u2013 move Israel further from the family of Western liberal democracies, and closer to so-called \u201cilliberal democracies\u201d like Hungary and Poland.<\/span><\/span>\u00a0\u00a0<\/span><\/span>That view is reinforced by Israeli leaders\u2019 rhetorical attacks on Arab citizens of Israel, the judiciary, the media and civil society organizations. Many American Jews feel Israel is becoming less and less recognizable to them as the country they thought they knew and long supported.<\/span><\/span>\u00a0<\/span><\/span><\/strong><\/p>\n

\u2022 Does this concern you?\u00a0<\/span><\/span><\/strong>If so, what do you propose to do about it?<\/strong><\/span><\/span><\/p>\n

When you say\u00a0<\/span><\/span>that the Knesset has passed laws that \u201cmove Israel further from the family of Western liberal democracies,\u201d<\/span><\/span>can you give examples? \u00a0<\/span><\/span>One example?<\/span><\/span>\u00a0\u00a0<\/span><\/span>Claims must be backed by facts. \u00a0Unlike Poland, Israel has not passed\u00a0<\/span><\/span>a<\/span><\/span>\u00a0law that restricts the independence of the Supreme Court and of its judges. \u00a0Unlike Hungary, Israel has not passed a law that criminalizes assistance\u00a0<\/span><\/span>to<\/span><\/span>illegal immigrants. \u00a0So when you say \u201cmany critics fe<\/span><\/span>e<\/span><\/span>l<\/span><\/span>,<\/span><\/span>\u201d you are indeed expressing a feeling\u00a0<\/span><\/span>but<\/span><\/span>\u00a0not a fact. \u00a0 \u00a0<\/span><\/span><\/p>\n

Legislation and public debate<\/span><\/span>\u00a0on\u00a0<\/span><\/span>issues such as the handling of illegal work migrants,\u00a0<\/span><\/span>the separation of powers<\/span><\/span>, or\u00a0<\/span><\/span>the funding of NGOs<\/span><\/span>,<\/span><\/span>\u00a0are not<\/span><\/span>\u00a0\u201crhetorical attacks.\u201d<\/span><\/span>\u00a0\u00a0On those three issues, the following\u00a0<\/span><\/span>clarifications are called for.<\/span><\/span><\/p>\n

Like many European countries, Israel has a large number (in proportion to its total population) of illegal work migrants, mostly from Eritrea and Sudan. \u00a0Courts in Switzerland and in the United Kingdom have recently ruled that most Eritreans are not political refugees and can therefore be sent back to their countr<\/span><\/span>y<\/span><\/span>. \u00a0But when Israel considered a similar move, it was harshly criticized for \u201cdeporting refugees.\u201d<\/span><\/span><\/p>\n

The separation of powers in Israel was never clearly defined by a written constitution (which Israel lacks) and was profoundly reshaped by\u00a0<\/span><\/span>Aharon<\/span><\/span>Barak\u2019s \u201cconstitutional revolution.\u201d \u00a0Many experts\u00a0<\/span><\/span>are of the opinion<\/span><\/span>\u00a0that the constitutional revolution has gone too far by replacing the separation of powers\u00a0<\/span><\/span>with<\/span><\/span>\u00a0a hierarchy of powers in which judges, not the Knesset, have the last word. \u00a0Some have suggested to remedy this imbalance by introducing reforms inspired from Canada (where parliament can re-legislate bills struck down by the Supreme Court) o<\/span><\/span>r<\/span><\/span>\u00a0from the United Kingdom (where the Supreme Court cannot strike down laws but\u00a0<\/span><\/span>can\u00a0<\/span><\/span>only recommend their amendment). \u00a0Debating issues of constitutional law and proposing reforms inspired from Britain and Canada (none of which can be accused of being \u201cilliberal democracies\u201d) do not constitute\u00a0<\/span><\/span>\u201crhetorical attacks\u201d on the judiciary<\/span><\/span>\u00a0and does not move Israel away from the family of Western liberal democracies. \u00a0<\/span><\/span><\/p>\n

As for NGOs, they have in recent years made full use of the \u201cconstitutional revolution\u201d (which, as explained before, has repealed the standing principle and has declared that no issue is beyond\u00a0<\/span><\/span>the Court\u2019s jurisdiction). \u00a0<\/span><\/span>When such<\/span><\/span>NGOs get most of their funding from foreign governments, they undermine the principle of national sovereignty. \u00a0<\/span><\/span>In 2016, Israel passed a law that\u00a0<\/span><\/span>makes it mandatory for<\/span><\/span>\u00a0NGOs that receive more than 50% of their funding from foreign governments to make that information public. \u00a0Israel is not the only country faced with the\u00a0<\/span><\/span>phenomenon<\/span><\/span>\u00a0of NGOs that take an active part in domestic politics with foreign funding. \u00a0It is precisely to protect itself from\u00a0<\/span><\/span>such foreign<\/span><\/span>interference that the US Congress passed the Foreign Agents Registration Act (FARA), which make it mandatory for lobbyists with non-US funding to register as foreign agents at the Department of Justice. \u00a0In January 2015, Congress introduced a new directive making it mandatory for NGOs to specify what percentage of their funding comes from foreign governments.<\/span><\/span><\/p>\n

All this goes to show that Israel faces complex issues like other democracies<\/span><\/span>. \u00a0Indeed, Israel\u00a0<\/span><\/span>faces bigger challenges\u00a0<\/span><\/span>because it is a<\/span><\/span>\u00a0democracy at war. \u00a0<\/span><\/span>Ye<\/span><\/span>t<\/span><\/span>\u00a0the measure<\/span><\/span>s<\/span><\/span>\u00a0taken or considered by Israel to face those challenges are no different than the ones adopted by the United States, Canada, the United Kingdom,\u00a0<\/span><\/span>or\u00a0<\/span><\/span>Switzerland. \u00a0<\/span><\/span>Israel should be judged by the same standards\u00a0<\/span><\/span>as<\/span><\/span>\u00a0other Western democracies, not by higher\u00a0<\/span><\/span>ones<\/span><\/span>. \u00a0And criticism of Israel, or of any other country for that matter, should be grounded in fact<\/span><\/span>s<\/span><\/span>\u00a0\u2013not in narratives.<\/span><\/span>\u00a0So should the dialogue between Israel and US Jewry.<\/span><\/span><\/p>\nFirst published in the Jewish Journal<\/a>. (Sep 2, 2018)","protected":false},"excerpt":{"rendered":"A \u201cPledge\u201d against Israel\u2019s new nation-state law was recently put online\u00a0(here)\u00a0by\u00a0eight\u00a0organizations:\u00a0T\u2019ruah\u00a0(the rabbinic call for human rights), the New Israel Fund, J-Street,\u00a0Ameinu, American for Peace Now, the National Council of Jewish Women, Partners for progressive Israel, and the Union for Reform Judaism.\u00a0According to the text of the pledge,\u00a0\u201cSixty-two members of Knesset voted to approve the\u00a0Nation-State Law, […]","protected":false},"featured_media":7176,"template":"","article-category":[525],"custom-tags":[654,544,655],"ppma_author":[62],"class_list":["post-9390","article","type-article","status-publish","has-post-thumbnail","hentry","article-category-publications","custom-tags-american-jewry","custom-tags-nation-state","custom-tags-new-israel-fund"],"acf":[],"yoast_head":"\nConcerned Jews of America, Here Are Answers to Your Pledge - kohelet<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.kohelet.org.il\/en\/article\/concerned-jews-of-america-here-are-answers-to-your-pledge\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Concerned Jews of America, Here Are Answers to Your Pledge - kohelet\" \/>\n<meta property=\"og:description\" content=\"A \u201cPledge\u201d against Israel\u2019s new nation-state law was recently put online\u00a0(here)\u00a0by\u00a0eight\u00a0organizations:\u00a0T\u2019ruah\u00a0(the rabbinic call for human rights), the New Israel Fund, J-Street,\u00a0Ameinu, American for Peace Now, the National Council of Jewish Women, Partners for progressive Israel, and the Union for Reform Judaism.\u00a0According to the text of the pledge,\u00a0\u201cSixty-two members of Knesset voted to approve the\u00a0Nation-State Law, […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.kohelet.org.il\/en\/article\/concerned-jews-of-america-here-are-answers-to-your-pledge\/\" \/>\n<meta property=\"og:site_name\" content=\"kohelet\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Kohelet.org.il\/\" \/>\n<meta property=\"article:modified_time\" content=\"2024-07-01T08:13:25+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.kohelet.org.il\/wp-content\/uploads\/2024\/03\/israeli-flag.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1920\" \/>\n\t<meta property=\"og:image:height\" content=\"1275\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:site\" content=\"@koheletforum\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"18 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.kohelet.org.il\/en\/article\/concerned-jews-of-america-here-are-answers-to-your-pledge\/\",\"url\":\"https:\/\/www.kohelet.org.il\/en\/article\/concerned-jews-of-america-here-are-answers-to-your-pledge\/\",\"name\":\"Concerned Jews of America, Here Are Answers to Your Pledge - 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