It is inevitable -
and laudable - that there are debates and differences over most new
legislation. However, that does not justify the global hysteria generated over
the recently passed nation-state law, which the clear majority of Israelis
support. Many critics simply did not read the law, which is purely declarative
and in no way detracts from the existing rights of minorities. Others merely
echoed the exaggerated criticism in the press.
On the other hand,
had the government not made certain mistakes, much of the criticism could
largely have been pre-empted. It should have accepted MK Benny Begin’s
amendment, which included two phrases: “full equality of rights for all its
citizens” and “Jewish and democratic state.” In practical terms this was
repeating the obvious but would have made it more difficult for those seeking
to slander Israel.
The second error was
the failure to informally consult minorities, especially the Druze whom Israeli
Jews genuinely love and admire. Many Druze have been deceived; the new law in
no way discriminates against them.
The suggestion that
this law denies the rights of any minority is humbug and allegations that it
represents “extreme” nationalism would not be substantiated if one accepts the
premise that Israel is a Jewish state. I would in fact challenge critics to
display one clause that denies the rights of minorities which were initially
incorporated in Israel’s Declaration of Independence. They were reaffirmed in
Basic Law: Human Dignity and Liberty, passed in 1992, whose stipulated purpose
was “to protect human dignity and liberty, in order to establish in a Basic Law
the values of the State of Israel as a Jewish and democratic state.”
a)
Is
not Israel entitled, as the nation-state law says, “to exercise national
self-determination” on behalf of the Jewish people without in any way depriving
minorities such as the Arabs of their democratic rights?
b)
Is
not a Jewish state entitled to reinforce its national anthem, reiterate that
Independence Day is a national holiday, restate support for its flag and
encourage Jewish immigration? Is that a declaration of extreme nationalism?
c)
Is
not a Jewish state entitled to reiterate that its national language is Hebrew?
In order to avoid any other misunderstanding, specific mention is made in this
clause that this “does not harm the status given to the Arabic language before
this law came into effect.”
d)
Is
not a Jewish state entitled to reiterate its support for settlement
construction as articulated in the Declaration of Independence?
The principal (but
not sole) source of the shrill hysteria (as distinct from moderate critics)
emanates from those with a record of demonizing or criticizing Israel. They
include the European countries that have always sought to besmirch Israel,
progressives and large segments of Diaspora Jewry, particularly Americans.
It is important to
note that this law was democratically enacted and supported by the nation. A
poll last week showed 58% of Israelis supported the bill with 38% opposing. The
projected strength of Netanyahu’s Likud in the next election also increased
from 30 to 33 seats after the bill was passed.
The criticism voiced
by the Europeans is particularly offensive because many of them have similar
constitutions and are governed by similar laws. Most countries are officially
Christian. Many are officially Muslim and a few are Buddhist. Where is the
rationale for castigating Israel for describing itself as a Jewish state?
Indeed, almost a dozen European countries, including England, have official
state religions. The Basic Law is more liberal and does not stipulate that
Judaism is the official religion of the state.
In Israel, the
opposition parties bitterly condemned the law even though seven years ago, the
now defunct Kadima Party headed by Tzipi Livni, who now leads the charge of
“radical nationalism,” was promoting a very similar bill.
The leading elements
hysterically assert that the bill is racist, discriminates against minorities
and has transformed Israel into an apartheid and fascist state. They represent
the far Left and their media mouthpiece is Haaretz.
The reality is that
most Israeli Arabs are happy to live in Israel which is stable and the only
genuine democracy in a region of barbaric conflict and dictatorships. While
they strive to elevate their roles in society, they enjoy a higher standard of
living and far better opportunities than they would in any Arab country. An
increasing number are engaged in professions and one need only enter an Israeli
hospital where Arab and Jewish doctors and nurses treat Jewish and Arab patients
on a basis of equality, in order to repudiate slanders of apartheid or racism.
The rule of law
applies to Arab citizens as it does to any other Israeli and they enjoy total
freedom of religion.
There are legitimate
grounds for criticizing the law, particularly errors of omission by the
government due to a lack of foresight, but the hyperbole employed by some of
those opposing it is malicious and will serve to foment hatred within Israel
and provide aid to those nations seeking to besmirch us.
