In recent days, Israel’s Cabinet has engaged in an unedifying debate over proposed legislation for a new “Basic Law” that aims to enshrine Israel’s character as the nation-state of the Jewish people. The discussion has little to do with Israel’s essence and much to do with cheap political posturing.
At a Cabinet meeting on Nov. 23, ministers voted 14-6 to endorse two draft proposals put forward by right-winger parliamentarians. Prime Minister Benjamin Netanyahu voted with the majority, while Justice Minister Tzipi Livni and Finance Minister Yair Lapid led the opposition. On Dec. 2, Netanyahu fired Livni and Lapid and called for the dissolution of Parliament and new elections.
Israel is alive with speculation right now that the elections could come as early as March 2015, and politicians are naturally maneuvering for advantage. Netanyahu, sensing the fiercely nationalist and anti-Arab mood following a series of deadly terrorist attacks in Jerusalem, appears eager to harness this political tide.
The drafts taken up in the Cabinet were highly objectionable, because they clearly made Israel’s democratic character subservient to its Jewish identity. One would strip Arabic of its status as an officially recognized language. In the other, democracy does not constitute part of the state’s identity but merely “its form of government.”
Netanyahu’s idea was to take these proposals to the Knesset for a preliminary vote and then replace them with a more measured draft of his own. But the rancorous debate, which threatened to bring down the government, forced him to delay. Then, Israel’s new president, Reuven Rivlin, dealt a powerful blow to the whole scheme with a speech at the annual conference of state prosecutors.
Rivlin, himself a right-winger who has been working to heal the divide in Israeli society between Jews and Arabs, stated with some plain truths.
“We must ask ourselves seriously, what is the point of the proposed law?” he said. “Does this bill not in fact play into the hands of those who seek to slander us? Into the very hands of those who … see contradiction between our being a free people in our land, and the freedoms of the non-Jewish communities amongst us?”
Instead, Rivlin said, “Judaism and democracy, democracy and Judaism, as one utterance … is the beating heart of the State of Israel. A state established on two solid foundations; nationhood on the one hand and democracy on the other. The removal of one will bring the whole building down.”
Responding to the criticism, Netanyahu said he did not know a more vibrant, democratic country, “certainly not in our region.” Well, duh!
As one who is deeply committed and connected to Israel, I understand the challenges it has faced since its establishment in balancing different interpretations of the state’s vision as a democratic and Jewish state. I strongly believe that Israel’s democratic nature is at the core of its success in dealing with such challenges through open dialogue between different sectors. I also believe that a two-state solution is ultimately the only way to safeguard Israel as a Jewish and democratic state.
It is not clear to me why Israel needs this legislation at all. Its Declaration of Independence states that the State of Israel “will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture.”
Why go beyond this? Is there any doubt about Israel’s character as a predominantly but not exclusively Jewish country? Does anyone question its dominant language, religion or culture? Its flag is the Magen David. Its national anthem is “HaTikvah,” a song expressing exclusively Jewish aspirations referring to the “Jewish soul turning eastward.”
Has any of us ever wondered how those belonging to the 20 percent of Israel’s population who are not Jewish must feel having to hear that song played on every official occasion?
How, for example, does Abbas Suan, an Arab-Israeli soccer star who played many times for the national team, feel? And how did he feel a few years ago, when fans of Beitar Jerusalem, who are notorious for their racist chants, waved a giant banner that said, “Suan, you don’t represent us,” and shouted, “We hate all Arabs”?
The fact is we can’t take Israel’s democracy for granted. It remains vibrant, but its sinews are coming under increasing strain. One test of a democracy is its ability to tolerate minority views that may be at variance or even obnoxious to the majority, not to ban them or outlaw them. The majority must make political room for the minority. We must pray that Israelis step up to meet that challenge.
Alan Elsner is vice president of communications for J Street. Alan Elsner will be participating in a forum with Stand With Us at Temple Judea on January 13th for more information, click here
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