industryterm:controversial nation-state law

  • The State of Israel vs. the Jewish people -
    Israel has aligned itself with one nationalist, even anti-Semitic, regime after another. Where does that leave world Jewry?
    By Eva Illouz Sep 13, 2018
    https://www.haaretz.com/israel-news/.premium.MAGAZINE-the-state-of-israel-vs-the-jewish-people-1.6470108

    Orban, left, and Netanyahu, in Jerusalem in July 2018. DEBBIE HILL / AFP

    An earthquake is quietly rocking the Jewish world.

    In the 18th century, Jews began playing a decisive role in the promotion of universalism, because universalism promised them redemption from their political subjection. Through universalism, Jews could, in principle, be free and equal to those who had dominated them. This is why, in the centuries that followed, Jews participated in disproportionate numbers in communist and socialist causes. This is also why Jews were model citizens of countries, such as France or the United States, with universalist constitutions.

    The history of Jews as promoters of Enlightenment and universalist values, however, is drawing to a close. We are the stunned witnesses of new alliances between Israel, Orthodox factions of Judaism throughout the world, and the new global populism in which ethnocentrism and even racism hold an undeniable place.

    When Prime Minister Netanyahu chose to align himself politically with Donald Trump before and after the U.S. presidential election of 2016, some people could still give him the benefit of doubt. Admittedly, Trump was surrounded by people like Steve Bannon, the former head of Breitbart News, who reeked of racism and anti-Semitism, but no one was sure of the direction the new presidency would take. Even if Trump refused to condemn the anti-Semitic elements of his electoral base or the Ku Klux Klan, which had enthusiastically backed him, and even if it took him a long time to dissociate himself from David Duke – we were not yet certain of the presence of anti-Semitism in Trump’s discourse and strategies (especially since his daughter Ivanka was a convert to Judaism).

    But the events in Charlottesville in August 2017 no longer allowed for doubt. The neo-Nazi demonstrators committed violent acts against peaceful counter-protesters, killing one woman by plowing through a crowd with a car (an act reminiscent in its technique of terrorist attacks in Europe). Trump reacted to the events by condemning both the neo-Nazis and white supremacists and their opponents. The world was shocked by his conflation of the two groups, but Jerusalem did not object. Once again, the indulgent (or cynical) observer could have interpreted this silence as the reluctant obeisance of a vassal toward his overlord (of all the countries in the world, Israel receives the most military aid from the United States). One was entitled to think that Israel had no choice but to collaborate, despite the American leader’s outward signs of anti-Semitism.

    This interpretation, however, is no longer tenable. Before and since Charlottesville, Netanyahu has courted other leaders who are either unbothered by anti-Semitism or straightforwardly sympathetic to it, and upon whom Israel is not economically dependent. His concessions go as far as participating in a partial form of Holocaust denial.

    Take the case of Hungary. Under the government of Viktor Orban, the country shows troubling signs of legitimizing anti-Semitism. In 2015, for example, the Hungarian government announced its intention to erect a statue to commemorate Balint Homan, a Holocaust-era minister who played a decisive role in the murder or deportation of nearly 600,000 Hungarian Jews. Far from being an isolated incident, just a few months later, in 2016, another statue was erected in tribute to Gyorgy Donáth, one of the architects of anti-Jewish legislation during World War II. It was thus unsurprising to hear Orban employing anti-Semitic tropes during his reelection campaign in 2017, especially against Georges Soros, the Jewish, Hungarian-American billionaire-philanthropist who supports liberal causes, including that of open borders and immigration. Reanimating the anti-Semitic cliché about the power of Jews, Orban accused Soros of harboring intentions to undermine Hungary.

    Whom did Netanyahu choose to support? Not the anxious Hungarian Jewish community that protested bitterly against the anti-Semitic rhetoric of Orban’s government; nor did he choose to support the liberal Jew Soros, who defends humanitarian causes. Instead, the prime minister created new fault lines, preferring political allies to members of the tribe. He backed Orban, the same person who resurrects the memory of dark anti-Semites. When the Israeli ambassador in Budapest protested the erection of the infamous statue, he was publicly contradicted by none other than Netanyahu.

    To my knowledge, the Israeli government has never officially protested Orban’s anti-Semitic inclinations and affinities. In fact, when the Israeli ambassador in Budapest did try to do so, he was quieted down by Jerusalem. Not long before the Hungarian election, Netanyahu went to the trouble of visiting Hungary, thus giving a “kosher certificate” to Orban and exonerating him of the opprobrium attached to anti-Semitism and to an endorsement of figures active in the Shoah. When Netanyahu visited Budapest, he was given a glacial reception by the Federation of the Jewish Communities, while Orban gave him a warm welcome. To further reinforce their touching friendship, Netanyahu invited Orban to pay a reciprocal visit to Israel this past July, receiving him in a way usually reserved for the most devoted national allies.

    The relationship with Poland is just as puzzling. As a reminder, Poland is governed by the nationalist Law and Justice party, which has an uncompromising policy against refugees and appears to want to eliminate the independence of the courts by means of a series of reforms that would allow the government to control the judiciary branch. In 2016 the Law and Justice-led government eliminated the official body whose mission was to deal with problems of racial discrimination, xenophobia and intolerance, arguing that the organization had become “useless.”

    An illustration depicting Prime Minister Benjamin Netanyahu shaking hands with Polish Prime Minister Mateusz Morawiecki in Auschwitz. Eran Wolkowski

    Encouraged by this and other governmental declarations and policies, signs of nationalism multiplied within Polish society. In February 2018, president Andrzej Duda declared that he would sign a law making it illegal to accuse the Polish nation of having collaborated with the Nazis. Accusing Poland of collusion in the Holocaust and other Nazi atrocities would be from now prosecutable. Israel initially protested the proposed legislation, but then in June, Benjamin Netanyahu and the Polish prime minister, Mateusz Morawiecki, signed an agreement exonerating Poland of any and all crimes against the Jews during the time of the German occupation. Israel also acceded to Poland’s move to outlaw the expression “Polish concentration camp.” Moreover, Netanyahu even signed a statement stipulating that anti-Semitism is identical to anti-Polonism, and that only a handful of sad Polish individuals were responsible for persecuting Jews – not the nation as a whole.

    A billboard displaying George Soros urges Hungarians to take part in a national consultation about what it calls a plan by the Hungarian-born financier to settle migrants in Europe, in Budapest. ATTILA KISBENEDEK / AFP

    Like the American, Hungarian and Polish alt-right, Israel wants to restore national pride unstained by “self-hating” critics. Like the Poles, for two decades now, Israel has been waging a war over the official narrative of the nation, trying to expunge school textbooks of inconvenient facts (such as the fact that Arabs were actively chased out of Israel in 1948). In order to quash criticism, Israel’s Culture Ministry now predicates funding to creative institutions on loyalty to the state. As in Hungary, the Israeli government persecutes NGOs like Breaking the Silence, a group whose only sin has been to give soldiers a forum for reporting their army experiences and to oppose Israeli settlers’ violence against Palestinians or the expropriation of land, in violation of international law. Purging critics from public life (as expressed in barring the entry into the country of BDS supporters, denying funding to theater companies or films critical of Israel, etc.) is an expression of direct state power.

    When it comes to refugees, Israel, like Hungary and Poland, refuses to comply with international law. For almost a decade now, Israel has not respected international conventions on the rights of refugees even though it is a signatory of said conventions: The state has detained refugees in camps, and imprisoned and deported them. Like Poland, Israel is trying to do away with the independence of its judiciary. Israel feels comfortable with the anti-democratic extreme right of European states in the same way that one feels comfortable with a family member who belches and gossips, losing any sense of self-control or table manners.

    More generally, these countries today share a deep common political core: fear of foreigners at the borders (it must be specified, however, that Israelis’ fears are less imaginary than those of Hungarians or Polish); references to the nation’s pride untainted by a dubious past, casting critics as traitors to the nation; and outlawing human rights organizations and contesting global norms based on moral principles. The Netanyahu-Trump-Putin triumvirate has a definite shared vision and strategy: to create a political bloc that would undermine the current liberal international order and its key players.

    In a recent article about Trump for Project Syndicate, legal scholar Mark S. Weiner suggested that Trump’s political vision and practice follow (albeit, unknowingly) the precepts of Carl Schmitt, the German legal scholar who joined the Nazi Party in 1933.

    “In place of normativity and universalism, Schmitt offers a theory of political identity based on a principle that Trump doubtless appreciates deeply from his pre-political career: land,” wrote Weiner. “For Schmitt, a political community forms when a group of people recognizes that they share some distinctive cultural trait that they believe is worth defending with their lives. This cultural basis of sovereignty is ultimately rooted in the distinctive geography… that a people inhabit. At stake here are opposing positions about the relation between national identity and law. According to Schmitt, the community’s nomos [the Greek word for “law”] or sense of itself that grows from its geography, is the philosophical precondition for its law. For liberals, by contrast, the nation is defined first and foremost by its legal commitments.”

    Netanyahu and his ilk subscribe to this Schmittian vision of the political, making legal commitments subordinate to geography and race. Land and race are the covert and overt motives of Netanyahu’s politics. He and his coalition have, for example, waged a politics of slow annexation in the West Bank, either in the hope of expelling or subjugating the 2.5 million Palestinians living there, or of controlling them.

    They have also radicalized the country’s Jewishness with the highly controversial nation-state law. Playing footsie with anti-Semitic leaders may seem to contradict the nation-state law, but it is motivated by the same statist and Schmittian logic whereby the state no longer views itself as committed to representing all of its citizens, but rather aims to expand territory; increase its power by designating enemies; define who belongs and who doesn’t; narrow the definition of citizenship; harden the boundaries of the body collective; and undermine the international liberal order. The line connecting Orban to the nationality law is the sheer and raw expansion of state power.

    Courting Orban or Morawiecki means having allies in the European Council and Commission, which would help Israel block unwanted votes, weaken Palestinian international strategies and create a political bloc that could impose a new international order. Netanyahu and his buddies have a strategy and are trying to reshape the international order to meet their own domestic goals. They are counting on the ultimate victory of reactionary forces to have a free hand to do what they please inside the state.

    But what is most startling is the fact that in order to promote his illiberal policies, Netanyahu is willing to snub and dismiss the greatest part of the Jewish people, its most accepted rabbis and intellectuals, and the vast number of Jews who have supported, through money or political action, the State of Israel. This suggests a clear and undeniable shift from a politics based on the people to a politics based on the land.

    For the majority of Jews outside Israel, human rights and the struggle against anti-Semitism are core values. Netanyahu’s enthusiastic support for authoritarian, anti-Semitic leaders is an expression of a profound shift in the state’s identity as a representative of the Jewish people to a state that aims to advance its own expansion through seizure of land, violation of international law, exclusion and discrimination. This is not fascism per se, but certainly one of its most distinctive features.

    This state of affairs is worrisome but it is also likely to have two interesting and even positive developments. The first is that in the same way that Israel has freed itself from its “Jewish complex” – abandoning its role as leader and center of the Jewish people as a whole – many or most Jews will now likely free themselves from their Israel complex, finally understanding that Israel’s values and their own are deeply at odds. World Jewish Congress head Ron Lauder’s August 13, 2018, op-ed in The New York Times, which was close to disowning Israel, is a powerful testimony to this. Lauder was very clear: Israel’s loss of moral status means it won’t be able to demand the unconditional loyalty of world Jewry. What was in the past experienced by many Jews as an inner conflict is now slowly being resolved: Many or most members of Jewish communities will give preference to their commitment to the constitutions of their countries – that is to universalist human rights.

    Israel has already stopped being the center of gravity of the Jewish world, and as such, it will be able to count only on the support of a handful of billionaires and the ultra-Orthodox. This means that for the foreseeable future, Israel’s leverage in American politics will be considerably weakened.

    Trumpism is a passing phase in American politics. Latinos and left-wing Democrats will become increasingly involved in the country’s politics, and as they do, these politicians will find it increasingly difficult to justify continued American support of Israeli policies that are abhorrent to liberal democracies. Unlike in the past, however, Jews will no longer pressure them to look the other way.

    The second interesting development concerns Europe. The European Union no longer knows what its mission was. But the Netanyahus, Trumps, Orbans and Morawieckis will help Europe reinvent its vocation: The social-democrat bloc of the EU will be entrusted with the mission of opposing state-sanctioned anti-Semitism and all forms of racism, and above all defending Europe’s liberal values that we, Jews and non-Jews, Zionists and anti-Zionists, have all fought so hard for. Israel, alas, is no longer among those fighting that fight.

    A shorter version of this article has originally appeared in Le Monde.

    • Eva Illouz : « Orban, Trump et Nétanyahou semblent affectionner barrières et murs »
      https://www.lemonde.fr/idees/article/2018/08/08/eva-illouz-israel-contre-les-juifs_5340351_3232.html?xtor=RSS-3208
      Dans une tribune au « Monde », l’universitaire franco-israélienne estime que l’alliance du gouvernement israélien avec les régimes « illibéraux » d’Europe de l’Est crée une brèche au sein du peuple juif, pour qui la lutte contre l’antisémitisme et la mémoire de la Shoah ne sont pas négociables.

      LE MONDE | 08.08.2018 à 06h39 • Mis à jour le 08.08.2018 à 19h18 | Par Eva Illouz (directrice d’études à l’Ecole des hautes études en sciences sociales)

      Tribune. Un tremblement de terre est tranquillement en train de secouer le monde juif. Lorsque le premier ministre israélien, Benyamin Nétanyahou, choisit de soutenir Donald Trump avant et après l’élection présidentielle américaine de 2016, certains pouvaient encore donner à ce dernier le bénéfice du doute. Certes, Trump s’était entouré de gens comme Steve Bannon dont émanaient des relents antisémites, certes, il refusait aussi de condamner sa base électorale sympathisante du Ku Klux Klan, mais personne n’était encore sûr de la direction que prendrait sa nouvelle présidence.

      Les événements de Charlottesville, en août 2017, n’ont plus permis le doute. Les manifestants néonazis commirent des actes de violence contre des contre-manifestants pacifiques (tuant une personne en fonçant dans la foule avec une voiture), mais Trump condamna de la même façon opposants modérés et manifestants néonazis.

      Le monde entier fut choqué de cette mise en équivalence, mais Jérusalem ne protesta pas. L’observateur indulgent (ou cynique) aurait pu interpréter ce silence comme l’acquiescement forcé du vassal vis-à-vis de son suzerain : de tous les pays du monde, Israël est celui qui reçoit la plus grande aide militaire des Etats-Unis.

      Cette interprétation n’est désormais plus possible. Il est devenu clair que Nétanyahou a de fortes sympathies pour d’autres dirigeants qui, comme Trump, front preuve d’une grande indulgence vis-à-vis de l’antisémitisme et dont il ne dépend ni militairement ni économiquement.
      Une statue à Budapest

      Prenons l’exemple de la Hongrie. En 2015, le gouvernement y annonça son intention de dresser une statue à la mémoire de Balint Homan, ministre qui joua un rôle décisif dans la déportation de 600 000 juifs hongrois. Quelques mois plus tard, en 2016, il fut question d’ériger à Budapest une statue à la mémoire d’un des architectes de la législation antijuive durant la seconde guerre mondiale, György Donáth....

  • Left-wing peace activist Uri Avnery hospitalized in critical condition Haaretz.com - Aug 09, 2018 10:37 AM
    https://www.haaretz.com/israel-news/left-wing-peace-activist-uri-avnery-in-critical-condition-in-hospital-1.636

    Uri Avnery at a Tel Aviv rally in memory of Prime Minister Yitzhak Rabin, Nov. 4, 2017. Credit Meged Gozani

    Left-wing peace activist Uri Avnery has been hospitalized in very serious condition after suffering a stroke on Saturday and is said to be unconscious.

    Avnery, 94, has written opinion pieces on a regular basis for Haaretz. He is a former Knesset member and a founder of the Gush Shalom peace movement who worked as editor-in-chief of the Haolam Hazeh weekly. He has been an advocate for the past 70 years for the creation of a Palestinian state.

    Anat Saragusti, a journalist and human rights activist, who is close to the 94-year-old Avnery, posed a wry comment on Facebook late Wednesday in which she wrote of in part: “It can be assumed that he won’t write his weekly column this week He once told me half-kiddingly and half-seriously: ’If you don’t receive my column on Friday, you should know that I died.’ So he hasn’t died, but he’s not conscious. In exactly another month, on September 10, he’ll be celebrating his 95 birthday, and an event is already being prepared in his honor at the Tzavta [Theater in Tel Aviv]. I was there today, hoping for the best, fingers crossed.”

    Avnery was the first Israeli to meet with PLO leader Yasser Arafat, in Lebanon in 1982.

    In the last article that Avnery wrote for Haaretz, which appeared in Hebrew on Tuesday, he was highly critical of the controversial nation-state law that the Knesset passed last month, and argued that the Israeli nation and not the Jewish nation has its home in Israel. He also mentioned that he had once been among the petitioners in an unsuccessful effort before the High Court of Justice to change the nationality notation in his identity card from “Jewish” to “Israeli.”

  • Israel passes controversial nation-state law defining country as Jewish national homeland

    62 lawmakers vote in favor of the bill after a stormy debate ■ Arab lawmakers tossed out after they tear bill in protest, call it ’apartheid law’

    Jonathan Lis and Noa Landau Jul 19, 2018

    https://www.haaretz.com/israel-news/israel-passes-controversial-nation-state-bill-1.6291048

    The Knesset passed early Thursday a controversial bill that officially defines Israel as the national homeland of the Jewish people and asserts that “the realization of the right to national self-determination in Israel is unique to the Jewish people,” with 62 lawmakers voting in favor of the legislation and 55 opposing it.
    The nation-stae law also includes clauses stating that a “united Jerusalem” is the capital of Israel and that Hebrew is the country’s official language. Another says that “the state sees the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation.”
    It passed after a long and stormy debate that began in the afternoon, with lawmakers voting on hundreds of clauses presented by the opposition that objected to differents parts of the bill. 
    >> Nation-state bill heralds the end of Israel as a Jewish, democratic State | Analysis ■ As an Arab, I support Israel’s Jewish nation-state bill | Opinion ■ Israel’s nation-state bill betrays insecurity about its right to the land
    Immediately after the law passed, Arab lawmakers tore copies in protest, and were subsequently removed from the Knesset plenum hall. Lawmaker Ayman Odeh, chairman of the Joint List, released a statement saying that Israel “declared it does not want us here” and that it had “passed a law of Jewish supremacy and told us that we will always be second-class citiziens.”

    Speaking moments after the bill passed into law, Prime Minister Benjamin Netanyahu said: “This is a defining moment – long live the State of Israel.”

    Arab lawmakers tear the nation-state bill in protest after it passes in the Knesset.
    Netanyahu further said that “122 years after Herzl made his vision known, with this law we determined the founding principle of our existence. Israel is the nation state of the Jewish people, and respects the rights of all of its citizens.”
    The prime minister also said that "in the Middle East, only Israel respects [rights]. This is our country, the Jewish state. In recent years there have been those who have tried to undermine that and question the principles of our existence. Today we made it into law: This is the country, the language, the anthem and flag. 

    As they left the Knesset plenum, Arab MKs from the Joint List party confronted Netanyahu. MK Ahmed Tibi and MK Ayeda Touma-Souliman yelled at Netanyahu: “You passed an apartheid law, a racist law.” 
    MK Tibi lashed at Netanyahu: “Why are you afraid of the Arabic language?” The premier retorted by saying: “How dare you talk this way about the only democracy in the Middle East?” 
    Opposition head Isaac Herzog also spoke up at the plenum, saying that “it’s a little sad to me that the last speech I make will be against this kind of backdrop. The question is whether the law will harm or benefit Israel. History will determine. I really hope that we won’t find the fine balance between a Jewish and democratic state to be hurt.”
    The sponsor of the bill, MK Avi Dichter, said during debates that took place prior to the vote that “unlike the disinformation and fake news that were tossed around [regarding the bill], this basic law doesn’t hurt the culture of minorities living in Israel, doesn’t hurt their sabbaticals and holidays and certainly doesn’t hurt the Arabic language, which remains a mother tongue for 1.5 million of Israel’s citizens.”
    The draft bill the Knesset voted on is fundamentally different form the version the coalition had sought to advance in the past decade. Its main clauses were moderated following pressure within the coalition ranks and beyond.
    Initially, the bill was intended to significantly limit the discretion of Supreme Court justices’ decisions, requiring them to set the state’s Jewish character above its democratic character in rulings where the two clashed. This clause was removed from the bill already in May.

    The most controversial clause, which appeared to pave the way for the creation of communities segregated by nationality or religion, was removed from the legislation earlier this week.

    The nation-state law establishes as a basic law, or quasi-constitutional law, a set of values, some of which already appear in existing laws. The law stipulates that Israel is the Jewish nation’s historic homeland and that this nation has the singular right to national self-determination in it. The law anchors the flag, menorah, Hatikva anthem, Hebrew calendar, Independence Day and Jewish holidays as national symbols.
    The law states that the “whole and united” Jerusalem is the state’s capital, which appears today in Basic Law: Jerusalem. The nation-state law further grants the status of an official language only to Hebrew.
    Another controversial clause stipulates that the state will invest resources in preserving Israel’s affiliation to world Jewry, but not in Israel. This wording was demanded by the ultra-Orthodox parties to prevent the state from linking up with the Reform and Conservative communities in Israel.
    As part of the protest against the law, Peace Now activists waved a black flag in the Knesset balcony during the debate, until security guards made them leave the room. Joint List chairman Ayman Odeh also raised a black flag during the debate against the legislation.
    “As [the 1956 massacre] in Kafr Qassem was a blatantly illegal order, with a black flag over it, so is a black flag hoisted over this evil law,” he said.
    J Street’s president and founder, Jeremy Ben-Ami, harshly criticized the nation-state bill and Netanyahu’s government: “It was born in sin, its only purpose is to send a message to the Arab community, the LGBT community and other minorities in Israel, that they are not and never will be equal citizens. Two months ago we celebrated the 70th anniversary of the Israeli Declaration of Independence, where it was written that the State of Israel ’will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or gender.’ Today Netanyahu’s government is trying to ignore those words and the values that they represent.”
    On Monday, Netanyahu said the bill was “very important to guarantee the foundations of our existence, which is Israel as the nation-state of the Jewish people” – though critics say he is mainly keen to drum up support before the next Knesset election, due by November next year.