Likud MK: Israeli hikers can help in identifying terrorists

Posted: January 16th, 2012 | Author: | Filed under: In the News, The Right | Tags: , , | Comments Off

The Knesset is outlawing Nazi references, but stupidity is still legal.

[Likud MK] Danny Danon – דני דנון
I held an emergency meeting in the Knesset on the Thailand travel warning for Israeli tourists. The Counter-Terrorism Bureau clarified that there are still high alerts. I decided to send a public letterthrough Chabad and other Israeli tourist connections, warning all Jews and Israelis traveling in Thailand. “Israeli hikers can help in identifing potential terrorists, and to asisst in this I distributed a sketch of the terrorist who is currently roaming freely in Thailand.”

 


Government Press Office doing PR for the settler movement

Posted: January 13th, 2012 | Author: | Filed under: The Right, The Settlements | Tags: , , , , , , , , , , | Comments Off

It seems that every state agency in Israel is becoming a tool in the effort to further colonize the West Bank and deepen the control over the lives of Palestinians.

Soon after the government reached an internal “deal” with the settler movement that would keep the families who settled in a so-called “illegal” outpost on the ground, the Government Press Office – once in charge of handling press cards and other bureaucratic duties – is now engaging in propaganda efforts on behalf of the settlers.

A few days ago, the foreign press corps received the following mail, inviting members to an ideological tour in the heart of the settler land – “Samaria,” in the north of the West Bank (links appeared in the original):

Ministry of Public Diplomacy and Diaspora Affairs
Government Press Office
Jerusalem, 12 January 2012
TO: Foreign Journalists in Israel
FROM: Israel Government Press Office

GPO TOUR OF THE SHOMRON (SAMARIA) REGIONAL COUNCIL

We are pleased to invite you to a tour (in English) of the Shomron (Samaria) Regional Council on Thursday, 19.1.12, from 09:30-16:30.  Public Diplomacy and Diaspora Affairs Minister Yuli Edelstein will participate.

09:30  Departure from Teddy Stadium in Jerusalem.

11:00-11:30  Visit to community of Barkan: Briefing by local resident Natalie Hershkowitz on the history of the community, westward view to the   Mediterranean Sea.

11:45-12:15  Barkan Industrial Park: Tour of plant that employs Palestinians,  briefing on effect of Arab boycott on the plant.

12:35-12:45  Itamar; stop at Fogel family residence.

12:45-13:15  Itamar: Meeting with local resident Leah Goldsmith at her home. Briefing on her move from the US, the establishment of Itamar & life in the community.

13:30-14:15  Lunch at Giv’ot Olam Organic Farm, with participation of Minister Edelstein, and Shomron Regional Council Chairman Gershon Mesika and Asst. Chairman Yossi Dagan (responsible for Council Strategic Affairs Dept).

14:30-15:00  Overlook of Nablus, Joseph’s Tomb and local communities from Mt. Gerizim; guided by David Haivri & with participation of Minister Edelstein.

15:00  Departure.

16:30  Return to Teddy Stadium.
Hila Tal
Government Press Office

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Rightist Propaganda Min. looking for Arabs, gays to represent Israel


Court okays Citizenship Law, legalizing discrimination of Arabs

Posted: January 12th, 2012 | Author: | Filed under: In the News, racism, The Right | Tags: , , , , , , , , | Comments Off

According to the 2003 law, Arab citizens of Israel who marry Palestinians will have to emigrate in order to live with their spouses.

Israeli Arab MK Ahmed Tibi famously said that “Israel is indeed a Jewish-democratic state: it is democratic for Jews and Jewish for all the rest.”

This rings truer than ever after Israel’s High Court of Justice rejected yesterday (again) the petitions against the Citizenship Law, one of the first measures to make racial discrimination against the Arab minority not just common practice, but part of Israel’s legal codex.

The High Court rejected the petitions against the Citizenship Law in a split, 6-5 decision. The incoming head of the High Court, Justice Asher Grunis, wrote in the decision that “human rights shouldn’t be a recipe for national suicide.” You can read the full verdict here [Hebrew, PDF]. Justice Edmond Levy, a religious and somewhat conservative judge, harshly criticized Grunis for his language, claiming he misled the public as to the nature of the citizenship law.

The Citizenship Law, which technically is a temporary order, came into effect in 2003. It determines that Palestinian non-citizens who marry Israeli citizens will not be eligible for Israeli residency or citizenship. The couple will only be able to unite outside the borders of Israel.

The practical meaning of the law is that Arab citizens of Israel who marry Palestinian non-citizens – something that happens quite often, since these are members of the same nation, and sometimes of the same communities – won’t be able to live with their wives or husbands. If they want to unite, they will have to leave the country. By doing so, the law achieves two (racist) objectives against members of the Arab minority: (a) it prevents non-Jews from entering the country and applying for permanent residency or citizenship and (b) it makes it harder for Israeli Arab citizens to build families in their own community or in their own country, thus encouraging them to leave Israel. Arab Palestinians comprise roughly 20 percent of Israel’s population.

It is important to note that it is not the right of the non-citizen wife or husband that is being violated (since the state has no legal obligation towards them), but that of the citizen, who should enjoy the possibility to form a family and live with his loved one in his own community.

When the citizenship law came into effect, during the second Intifada, a security pretext was used to justify it, claiming that Palestinian terrorists could use marriage to become Israeli citizens. Yet this argument doesn’t hold: even without the law, the security establishment can veto any demand for citizenship or residency. It’s clear – and the public debate around the law doesn’t even try to conceal this fact – that “demographic” issues were the real motive for the legislation, and more specifically, the desire to limit, and ultimately even reduce, the number of non-Jewish citizens in the state.

Until the citizenship order, the only major piece of Israeli legislation that made a clear distinction between Arabs and Jews was the Law of Return, which makes it possible for Jews to immigrate to Israel and become citizens instantly, while non-Jews aren’t allowed to do so, even if their families originally hailed from this land. The 2003 law marks perhaps a new era, in which discrimination against the Arab minority is not only a common practice – for example, in the prevention of Palestinians from buying or building on state land, through the use of state agencies such as the JNF – but an explicit part of the body of laws that apply to the citizens of the state.

The new Nakba Law, which allows the state to penalize institutions that commemorate the Palestinian national disaster of 1948, is further evidence of this fact. The High Court also rejected petitions against the Nakab bill, just last week.

Read also:
High Court ruling on ‘Nakba Law’ reveals its waning power
2012: The year democracy ends

 


Popular anchorman’s entry into politics likely to secure PM’s rule

Posted: January 11th, 2012 | Author: | Filed under: elections, Polls, The Left, The Right | Tags: , , , , , , , , , , , , , | Comments Off

Yair Lapid left his position in Channel 2 News and announced his intention to enter politics. He is likely to split the secular vote in a way that won’t allow anyone but the Likud to form the next government

One of the questions that has dominated the political landscape in Israel in the last couple of years received an (almost) definite answer this week, when the most popular journalist in Israel, Yair Lapid, resigned from his post as Channel 2′s Friday evening anchorman in order to enter politics.

If he had it his way, Lapid would have waited for new elections to be called – probably later this year – but the Knesset legislators forced him to reveal his cards. A bill subjecting every journalist to a full “cooling off” period of a year before entering politics was about to become a law, and Lapid, who probably made up his mind on his political future a while ago, had to leave his comfortable position in front of a prime-time audience. The official announcement came in the form of a resignation letter to his bosses at the station.

Lapid, 49, is the son of the late journalist-turned-politician Yosef (Tommy) Lapid and novelist Shulamit Lapid. He grew up in Tel Aviv and London, served as a reporter for the IDF’s magazine Bamahane, and later started working for his father’s paper, Maariv. His star rose in the 90′s, when he acted in an Israeli film and hosted popular TV talk shows on Channels 1 and 2. Lapid wrote books and a TV mini-series, led TV campaigns for Israel’s largest bank, and since 2008 hosted the prestigious weekly news magazine on Channel 2. Lapid also writes the leading full-page column in Yedioth Ahronoth’s Friday edition, the most widely read paper in Israel.

———–

For such a public figure, Lapid’s political views are extremely vague. His father, a Knesset member and then government minister, was known for his militant secularism, both in public and in his personal life. Lying on his deathbed, Yosef Lapid refused any treatment that would prolong his life and eventually starved to death. Like his father, Yair Lapid is hostile to the ultra-Orthodox establishment, although even on this trademark family issue, his tone is much more restrained. Yosef “Tommy Gun” Lapid was an Archie Bunker-like conservative; Yair Lapid is his business-oriented, politically-correct alter ego.

If figuring out Yair Lapid on social issues is a complicated task, making sense of his views on diplomatic and regional politics, on human rights and democracy, is close to impossible. From his columns, it seems that Lapid is at the center of the secular consensus (some say that he is the center) – i.e. he supports in theory of the two-state solution; he is somewhat critical of the settlements and clearly hostile towards the “extreme” religious settlers, but he has no special affection for human rights organizations and he hasn’t showed unique interest in the current wave of anti-democratic legislation.

Lapid wrote a couple of times that Israel should have supported, rather than opposed, the Palestinian UN bid, but I don’t remember hearing a real out-of-the-box idea from him, one like Shaul Mofaz’s (Kadima) support for negotiations with Hamas. Lapid is not a rightwing hawk nor a dove; one more thing he inherited from his dad is a hatred of “the lefty media,” which he confessed again recently.

———–

Lapid updates his Facebook followers on the progress of his Knesset bid. Unlike pages of other Knesset members, Lapid’s wall is lively and exited. According to one of his latest messages, he hasn’t formed his party yet. He will probably skip the option of leading his father’s party – Shinui – which wasn’t able to pass the Knesset threshold in the last elections. There is little sense in forcing oneself to deal with the party’s dysfunctional machine, plus I would imagine that Lapid aims higher than the narrow appeal of Shinui, which will always be constrained by its free market, secular Ashkenazi image.

It is somewhat ironic that Lapid, the privileged son of the Israeli elite, would be one of the first to benefit from the summer’s social protest. Yet there is no doubt that the growing discontent in Israel’s middle class played a major part in his decision to enter politics now. As I have written here in the past, the J14 demonstrations – also known as the tent protests – were, more than anything, a show of middle-class disappointment with elected Knesset members, and especially with Kadima.

While Israel’s right is filled with would-be leaders and Knesset backbenchers who compete for attention by introducing racist bills or conducting bizarre public stunts, and while the left has no voters or public appeal whatsoever, the amorphous promised land of the moderate center is up for grabs. Shelly Yachimovitch, the surprise winner of the Labor primaries, was the first to take a bite, and Lapid might be the one to deal Kadima its coup-de-grace.

The man who is likely to benefit the most from this process is one Benjamin Netanyahu. Lapid can draw votes from all of Netanyahu’s potential challengers – including Avigdor Lieberman – but he is not likely to hurt the Likud too much. The result will be a fragmented Knesset, in which the Likud is a single big party and four or five others – Lapid, Labor, Lieberman, Kadima and maybe Shas – are competing for a place in the coalition. Since Netanyahu will only need between two and three of those parties, and since they won’t be able to form an alternative coalition due to a lack of a central, agreed-upon, leading force, they won’t have any bargaining position. It will be Bibi or nothing.

Early polls suggest that this is the most likely scenario. There were three polls conducted right after Lapid’s announcement – by the dailies Maariv and Yedioth, and by Channel 10. The results varied, but the general picture was the same: Likud was the only party to pass the 20-seat threshold, polling between 27 and 30 of the 120 Knesset seats (Likud has 27 MKs now). Lapid had 11-16 seats, Kadima 13-15 (28 now), Labor 12-18, Israel Beitenu 14-15 and Shas 9-11. In such a picture, the old division into two competing blocs – left-center and right-religious – becomes meaningless.

On a deeper level, Lapid’s entry into politics could be seen as representing a new stage in the Israeli culture war, one in which the dominant social group – secular middle class – has left behind the hope to lead the political system and is settling for a sectarian representation of its interests, spread between several parties. Except in the case of an unexpected event such as war or a deep economical crisis, we are likely to be left with Netanyahu as prime minister; or with a fragmented system in which nobody can really govern. Yair Lapid therefore is not the answer to Israel’s existential crisis – more than anything, he is a representation of the problem.


Lesson from last apartheid president: 2-state solution to fail

Posted: January 6th, 2012 | Author: | Filed under: The Left, The Right, The Settlements | Tags: , , , , | Comments Off

F. W. de Klerk, South Africa’s last white president, explains why the “multi-state solution” to apartheid didn’t work in his country, and why it would probably fail in Israel/Palestine

One of the ways the whites in South Africa tried to preserve the ethnic separation of apartheid was by introducing autonomous regions for the black minorities, known also as Bantustans. Some of the Bantustans even received “independence,” and unlike the Israeli government, the South African actually tried to have the international community recognize them. It even wanted them to have a seat at the UN but the trick didn’t work – the Bantustans weren’t sovereign nor separate; it was just another form of ethnic segregation and ethnic control. Curiously enough, Israel was the only country in the world to express some sort of limited recognition of their independent status, and one Bantustan even opened a trade mission in Tel Aviv under its own flag.

In an interview last week, the last white president of South Africa and the man who canceled the Bantustans, F. W. de Klerk, told the BBC what made the South African “multi-states solution” fail:

[h/t JSF/via Mondoweiss]

What I supported as a younger politician was exactly what the whole world now supports for Israel and Palestine, namely separate nation states will be the solution. In our case we failed. There were three main reasons. We failed because the whites wanted too much land for themselves. We failed because the majority of blacks said this is not how we want our political rights. And we failed because we became economically totally integrated. We became an economic omelet and you can never again divide an omelet into the white and the yellow of the egg. And we realized in the early eighties we had landed in a place which has become morally unjustified.

Is this where the two-states solution is also headed? All evidence points at this direction. The Jews want too much land for themselves, and their power allowed them to bring the settlement project to the point of no return; despite efforts on both sides, the economies are still linked to each other. One could claim that Israel is not as dependant on the Arab work force as South Africa was on the black work force, yet it still desires the land in the West Bank and the resources that come with it. The only real difference is between the black leadership in South Africa, which didn’t play along with the idea of the Bantustans, and the PLO, which is only too happy to run its own fantasy of an autonomous Authority. It’s not just President Abbas: Palestinian politics is still very much committed to the idea of a nation-state.

According to de-Klerk’s logic, a shift in Palestinian politics towards a consensus around the one-state solution might be all it takes to end any possibility of an ethnic/demographic separation in Israel/Palestine.


Rightist Propaganda Min. looking for Arabs, gays to represent Israel

Posted: January 4th, 2012 | Author: | Filed under: racism, The Right | Tags: , , , , | Comments Off

Hoping to boost the liberal image of country, Israel has increased efforts to use the gay community for advocacy and PR assignments.

Ad by the Hasbara office inviting gays and minorities to do propaganda and advocacy work for the government

Prime Minister Benjamin Netanyahu was the first to appoint a government minister in charge of propaganda, advocacy and international public relations. Minister Yuli Edelstein has taken this position at the head of the Hasbara office so seriously that he has even asked Netanyahu to be relieved of other government duties so that he can concentrate on advocacy and propaganda.

Edelstein, a member of Likud, is known for his rightwing views. Recently, he posted a status message on his Facebook page referring to the Arabs as a “despicable nation.” Asked by +972 blogger Yossi Gurvitz to clarify this statement, a spokesperson for the minister said that Edelstein did in fact mean “all the Arabs.”

Yet this doesn’t keep the minister from to look to some of those despicable Arabs to represent Israel abroad. In an ad published recently on the Ministry’s official website, Arab and gay candidates were invited to apply for advocacy work abroad.

The office for Hasbara and Diaspora […] is announcing the widening of the pool of candidates for Hasbara [propaganda] activities abroad. The office invites candidates who are meeting the following requirement conditions to send an application for the pool, and especially would like to receive applications from people who represent the diverse faces of Israeli society, such as members of minority groups, representatives of the gay community, people who represent the variety of opinions in the Israel society, etc.

It should be noted that Minister Edelstein and his party are not very hospitable to gays either. When Yisrael Beiteinu introduced legislation allowing marriage-like status for non-Jews, Likud joined the Orthodox parties in blocking an attempt by the left to add gay and lesbians to this arrangement. Yet it’s no secret that Israel has found the gay rights issue especially useful in its propaganda campaigns.

In recent years, speakers for Israel have been advised to compare the status of gays in Israel to Muslim countries, and advocacy groups give prominence to this point in their publications; Israel is using targeted advertising campaigns for the gay community, and has recently put a four-page ad in the last issue of Attitude, the most popular gay magazine in Europe. A few months ago, a PR man connected to Prime Minister Netanyahu’s office promoted a Youtube video in which an LGBT activist named Mark encouraged human rights organizations not to support the Gaza-bound flotilla. Mark was soon exposed by the site Electronic Intifada as an Israeli actor.

A recent op-ed in the New York Times titled “Israel and ‘Pinkwashing’” dealt with the efforts to use the gay rights issue to conceal the massive human rights violations in the West Bank and Gaza. This piece drew heavy criticism from Jewish writers – including liberal ones – and was even cited by an aid for Netanyahu in a public letter detailing Netanyahu’s decision to decline an offer to author an op-ed in The Times.

Read Also:
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2012: Netanyahu’s shadow war for the GOP begins?

Posted: January 3rd, 2012 | Author: | Filed under: In the News, media, The Right, the US and us | Tags: , , , , , , , | Comments Off

Israel’s National Security Council calls U.S. President Barak Obama “naïve,” Israel’s pro-Netanyahu daily reports

Israel Hayom, the pro-Netanyahu free tabloid published by Jewish-American gambling billionaire Sheldon Adelson, published a story today on recent criticism dealt by Israel’s National Security Council of US President Barak Obama’s policy towards Egypt’s Muslim Brotherhood.

U.S. President Barack Obama is “naive” and needs to face up to the threat presented by the rise of the Muslim Brotherhood across the Middle East, Israel’s National Security Council concluded during a strategic discussion several days ago.

The council, responsible for providing the prime minister and cabinet ministers with strategic assessments, said it was concerned about the Muslim Brotherhood’s rise in Egypt, especially in light of the group’s world view and pronouncements from its officials, repeated as recently as this week, that call the Israeli-Egyptian peace treaty into question.

As the article states, the NSC is not an independent think-tank but a strategic assessment body, operating under the Prime Minister’s Office. The head of the NSC is retired IDF general Yaakov Amidror, who was a regular contributor for Israel Hayom until his appointment.

According to numerous reports in the Israeli media, Binyamin Netanyahu sees another Obama term as clear political threat to himself, to the point where he is mulling on calling early election in Israel, so that a possible Democratic victory in November doesn’t affect his standing in the polls.

Israel Hayom, which is very supportive of Netanyahu, is likely to throw its weight behind the Republican candidate. The paper has recently launched an English site, with translations of pieces from its Hebrew edition.

The coverage in Israel Hayom of Newt Gingrich’s campaign – who is considered the closest to Netanayhu of all GOP candidates and a personal favorite of Mr. Adelson – is extremely favorable, thought the even paper admitted today that Gingrich’s chances of winning the Iowa caucuses are practically non-existent.

Last year, Israel Hayom’s editor, Amos Regev, conducted a personal interview with Gingrich, in which the former House speaker called a possible Israeli attack on Iran “an act of self defense.” The paper’s response to the candidate’s hostile remarks towards the Palestinians was extremely favorable: One op-ed in Israel Hayom praised Gingrich for his “historical accuracy,” while another was titled “thank you, Mr. Gingrich.”

Sheldon Adelson recently backed Gingrich, saying that calling the Palestinians an “invented people” is correct.


Hanin Zoabi and Israel’s point of no return

Posted: January 2nd, 2012 | Author: | Filed under: elections, In the News, The Left, The Right | Tags: , , , , , , | Comments Off

Some more thoughts of the “death of democracy” scenario that might take place in the next elections

Susan Hattis Rolef has a piece in the Jerusalem Post dealing with the same issue I wrote about yesterday: the expected ban on MK Hanin Zoabi – and perhaps Balad and Raam-Taal parties as well – from participating in the next elections.

Hattis-Rolef seems to agree with me that this is a likely scenario, at least in the case of a personal disqualification of MK Zoabi.

There is no doubt that as elections for the 19th Knesset approach, right-wing parties will renew efforts to have Balad disqualified on the grounds that the party advocates turning Israel into “a state of all its citizens” – something they say essentially denies its existence as the state of the Jewish people. They also say Balad maintains contact with organizations that are defined in Israel as terrorist organizations.

In the past, the High Court of Justice has overturned Central Elections Committee decisions to disqualify Balad, but the last time the court ruled on this issue, it stated that Balad’s positions were problematic, implying that the party is walking on very thin legal ice. With the High Court’s more conservative makeup, and especially the approaching retirement of Supreme Court President Dorit Beinisch, it is quite likely that next time the court will uphold a committee decision to disqualify Balad.

To that we can add that the 2009 ruling on Balad was a split decision, with Justice Levi arguing that the party should not be allowed to participate in the elections. It should also be noted that the law regarding these issues is very vague and broad, so if the court choses to do so, it could easily ban all Arab parties (and not just them). This is also from Hattis-Rolef:

According to The Immunity of Knesset Members, their Rights and Duties Law, MKs enjoy full immunity for any act they perform within the framework of their parliamentary work. There are four exceptions to this rule: the act involves denying the existence of the State of Israel as the state of the Jewish People; it denies its nature as a democratic state; it incites to racism based on race or national-ethnic origin or supports the armed struggle of an enemy state or terrorist acts against the State of Israel, or for such acts against Jews or Arabs because they are Jews or Arabs, in Israel and abroad.

Incidentally these are also the four grounds for disqualifying parties from running for the Knesset.

Currently, three parties – Hadash, Balad and Raam-Taal – are calling for “a state for all its citizens” model in Israel, so essentially, they could be seen as violating the first article in the law (opposing the existence of the State of Israel as the state of the Jewish People). One could also claim that some religious and rightwing MKs incite to racism or deny the democratic nature of the state. Yet it all comes down to the fact that the decision won’t be a legal but a political one, and since the right enjoys an overwhelming majority in the Knesset and the Supreme Court is more conservative than ever, the effort to limit the political representation of Arab citizens is highly likely to succeed.

If I had to bet on it, I would say that in the current atmosphere Zoabi is likely to be disqualified; the ruling on her party Balad, can go each way; and Raam-Taal will be banned by the Central Elections Committee but later allowed to run by the Court. Such rulings will also increase the court’s tendency to search for “middle grounds” that would please the Jewish elites.

[Needless to say, I personally find all of Balad's known positions and actions, including Zoabi's, perfectly legitimate, even if I don't agree or support them all.]

In such an event, we will be faced with the following dilemmas:

-    Should Balad participate in the elections if MK Zoabi is expelled from the Knesset?

-    Should other Arab or left parties participate in the elections if MK Zoabi or Balad are disqualified?

-    Should Arab citizens of Israel vote in elections in which their representatives – or at least some of them – are not allowed to participate for political reasons?

Since a general boycott of the elections by the Arabs would have grave consequences on the national conversation – it would surly help promote Lieberman’s plan to transfer the Palestinians to the future Palestinian “state” – and since there is no hope of ever forming a center-left coalition in Israel without a strong showing by the Arab parties, I believe that the Zoabi-Balad case might turn out to be one of Israel’s most critical moments of truth.


2012: The year democracy ends

Posted: January 1st, 2012 | Author: | Filed under: elections, The Left, The Right | Tags: , , , , , | Comments Off

A not-so-crazy speculation for the new year: A date for new elections will be set; at least one major Arab party won’t be allowed to participate in them, resulting in a call for boycott in the Palestinian public and the Jewish left. With the Arabs out of the Knesset, the right will enjoy a much bigger majority, forever

If you leave out the West Bank, Israel is still a functioning democracy. New bills are threatening freedom of speech, minorities’ rights are not defended and specific laws targeting non-Jews effectively make them second class-citizens.

But still, the core elements of a functioning democracy – most notably political representation of all citizens – are still there.

Yet even this somewhat flawed system could disappear this year.

The common wisdom in the Israeli political system is that a new date for early elections – later this year or in the first half of 2013 – will be set in the coming months. Some claim that Prime Minister Benjamin Netanyahu would like to hold general elections in Israel before November 2012, because the prospect of Barack Obama winning another term might hurt the Israeli premier in the polls. Others cite the police investigation against Avigdor Lieberman as a reason.

According to the Israeli system, the Central Elections Committee has the right to forbid parties who support terrorism, racism or oppose democracy from participating in the elections. But the committee is a political body, composed of Members of Knesset, and is currently controlled by the right. In the past, it has tried to use this article in the law for political purposes, but has failed. This time it may succeed.

It is very likely that the Central Elections Committee may ban the two major Arab parties, Balad and Raam-Taal, from participating in the elections. Given the public hostility to Balad, and especially to its MK Hanin Zoabi, letting Balad participate would be a huge surprise.

The Central Elections Committee has already disqualified Balad and Raam-Taal from participating in the last elections, when the public sphere was much more tolerant. In Balad’s case, even representatives of Labor supported the decision.

As expected, the Supreme Court overruled the Central Election Committee’s decision and allowed the two Arab parties to take part in the 2009 elections that brought Netanyahu into power (same thing happened in 2003). Balad won three seats and Raam-Taal four. One could even argue that members of the Knesset knew in advance what the Court’s ruling would be.

The public atmosphere in Israel has changed, and so has the Supreme Court, which is more conservative than it has been in the last couple of decades. If faced with a similar scenario in the next elections, I believe that is very likely that the court will not overrule a Knesset decision to disqualify Balad and perhaps even Raam-Taal.

The result would almost certainly be a call for all Palestinian citizens to boycott the elections. And to be honest, I am not sure that any Jewish progressive should participate in an election in which the ruling coalition bans opposition parties. Arab parties that would be allowed to run – if there are such – would be faced with a major problem, as would Jewish democrats – the few that are left.

Historically, the dilemma whether to boycott elections or leave the parliament in protest of anti-democratic laws has always been a major crossroad on the way to authoritarian regimes.

Low Arab turnout, and perhaps even full non-participation, would hand the right a landslide victory in the elections (the left has not won a majority in the Jewish public since 1973, and currently it is far from it, even with the Arab vote). Such events would surely benefit Avigdor Lieberman, by framing the elections around the Palestinian citizens. Lieberman’s racist proposals surrounding the issue could attract many new voters to his party.

The 19th Knesset will be much more rightwing then the current one. More importantly, Israel won’t be able to go on claiming that it respects minority rights after forcing their representatives out of the Knesset. The left will be torn apart and the Palestinian minority will be forever alienated.

And from there it will all go downhill.


High Court allows Israel to mine Palestinian Territories

Posted: December 27th, 2011 | Author: | Filed under: In the News, The Right, The Settlements | Tags: , , , , , | Comments Off

In rejecting a petition regarding Israeli-owned quarries in the West Bank, the court rules that they benefit the Palestinians as well

Who owns and is allowed to use the sand and rocks of the West Bank? This question was at the center of a petition to the Israeli High Court of Justice, submitted by Israeli human rights NGO Yesh Din in 2009. Yesh Din asked the court to stop the operations of eight quarries under Israeli ownership, claming that they take away valuable resources from the Palestinian people and from a future Palestinian state.

Some 94 percent of the materials produced in the Israeli quarries in the West Bank is transported to Israel, accounting for the needs of more than a quarter of the market.

The petition relied on an article in the Fourth Hague Convention of 1907, allowing an occupier to use the resources in the occupied land only for the needs and benefits of the occupied people.

Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.

Yesterday (Monday) the Israeli High Court rejected the petition, allowing the quarries to continue their work.

Here is a link to the full ruling [Hebrew only]

Some of the arguments the court gives are very strange, if not entirely corrupt: The court accepts, for example, the claim that since Palestinians are employed in mining work for the Israeli companies who own the quarries, one could say that Israel is actually helping the local economy. It also notes the fact that the quarries pay (low) taxes to the army’s administrative authority in the West Bank, which uses the money for its daily operations in the area.

In other words, the quarries not only take advantage of the the Palestinians’ natural resources, they are also used to cover the expenses of maintaining the occupation, which makes them even more profitable for Israel.

The court also cites previous cases, in which it declared the circumstances of the Israeli occupation “unique,” in a way that demands certain “adjustments” to the rights and duties of the occupiers. What is the reason for this unique situation? Among other things, that the Israeli occupation has been going on for so long. Israel, the court says, “is responsible for the development and growth of the area, in various ways” (article 10 in the ruling). Only in the Orwellian language of the occupation can developing the area be interpreted to mean profits through the shipping of its natural resources to Israel.

Addressing these arguments, Attorney Michael Sfard, legal advisor for Yes Din, said of the ruling, “Quarrying natural resources in an occupied territory for the economic benefit of the occupying state is pillage, and the court’s reasoning that a long-term occupation should be treated differently cannot legalize an economic activity that harms the local residents.”

Finally, the verdict also quotes the fact that in the Oslo Accords, the Palestinians agreed to let the quarries operate until the final agreement on the status of the land. The court fails to mention that the final agreement should have been signed, according to the Oslo Accords, by 1999. Still, this rationale demonstrates the destructive role the Palestinian Authority currently plays by allowing Israel to avoid the full legal implications and political consequences of its policies in the territories it occupied in 1967.

The Court concludes that the petition should be rejected for the reasons above, in addition to a few others. The head of the court, Dorit Beinisch, wrote the ruling herself. It was accepted unanimously by the two other justices hearing the case.

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The Israeli High Court is often praised as a liberal institution and a unique model of judicial supervision in the toughest of circumstances. The Court has in fact registered some achievements in Israeli society and even with regards to the Arab minority of Israeli citizens, but in the West Bank and Gaza, it has done nothing but provide Israel with a cover of legitimacy for its activities.

The High Court’s track record is very clear: It never questions or stops Israeli policies. At best, it asks for some adjustments to be made.

In the late seventies, the High Court approved the settlements, only adding limits to the State’s ability to confiscate private land belonging to Palestinian individuals; a decade later, the court sanctioned torture (but also issued some vague rules over the circumstances in which it could be used); it allowed targeted assassinations; and it approved the construction of the separation wall deep inside Palestinian territory, only demanding it be moved it in a few cases.

In short, the High Court has never been a venue to challenge the occupation, but quite the opposite – it is one of the branches that institutionalized it, by setting rules and providing a legal cover to colonial policies, for political persecution and for oppression. One can only conclude that in the context of the West Bank, the High Court has been and still is a fundamental element in the construction and maintenance of what is, in essence, apartheid.