Saturday, August 4, 2018

New Basic

From Wikipedia:
"Basic Law: Israel as the Nation-State of the Jewish People:

Basic Law: Israel as the Nation-State of the Jewish People (Hebrew: חוק יסוד: ישראל - מדינת הלאום של העם היהודי‎), informally known as the Nation-State Bill or the Nationality Bill,  is an Israeli Basic Law which specifies the nature of the State of Israel as the nation-state of the Jewish People. The Law was adopted by Knesset 62 in favor, 55 against and two abstentions on 19 July 2018 (7th Av, 5778). The law is largely symbolic and declarative.  It has been met with worldwide condemnation, including criticism from within the Jewish diaspora.

Content of the Basic Law
The Basic Law comprises eleven clauses, as follows:

Basic Principles:   This section enumerates three basic principles, namely, that the Land of Israel is the historical homeland of the Jewish people, in which the State of Israel was established; the State of Israel is the national home of the Jewish people, in which it fulfills its natural, cultural, religious and historical right to self-determination; and that the right to exercise national self-determination in the State of Israel is unique to the Jewish people.

Symbols of the State This section defines the name of the state as “Israel” and the various symbols of the State, with further details regarding the state symbols determined by specific laws:
- the flag of the state is white with two blue stripes near the edges and a blue Star of David in the center
- the emblem of the state is a seven-branched menorah with olive leaves on both sides and the word “Israel” beneath it.
- the anthem of the state is Hatikvah.

Capital of the State: This section declares that Jerusalem, "complete and united", is the capital of Israel.

Language: This section defines Hebrew as the official language of the State; it gives the Arabic language a special status in the state and specifies that regulations for the use of Arabic in state institutions or by them will be determined by specific law and that the status given to the Arabic language before this law came into effect will not be harmed.

Ingathering of the Exiles: This section declares that the State "will be open for Jewish immigration and the ingathering of exiles.

Connection to the Jewish people: This section enumerates three principles that the State of Israel will strive for with regards to the Jewish people:
- ensure the safety of the members of the Jewish people in trouble or in captivity due to their Jewishness or their citizenship.
- act within the Diaspora to strengthen the affinity between the State and members of the Jewish people.
- act to preserve the cultural, historical and religious heritage of the Jewish people among Jews in the Diaspora.

Jewish Settlement: This section declares that the State views the development of Jewish settlements as a national value and will act to encourage and promote its establishment and consolidation of such settlements.

Official Calendar: This sections declares that the Hebrew calendar is the official calendar of the State and that the Gregorian calendar will be used along with the Hebrew calendar as an official calendar; use of the calendars will be determined further by law.

Independence Day and Memorial Days: This section defines the official holidays of the State, namely, Independence Day as the official national holiday and the Memorial Day for the Fallen in Israel’s Wars and Holocaust and Heroism Remembrance Day as official memorial days of the State.

Days of Rest and Sabbath: This section defines the Sabbath and the Jewish holidays as the established days of rest in the state; it ensures the right of non-Jews to maintain days of rest on their Sabbaths and festivals; and further details to be determined by applicable law

Immutability: This section provides that this Basic Law will not be amended, unless by another Basic Law passed by a majority of Knesset members.

Reaction:
The secretary-general of the Palestine Liberation Organization, Saeb Erekat, described it as a “dangerous and racist law” which “officially legalizes apartheid and legally defines Israel as an apartheid system”. Heads of Israel's Druze community petitioned the Israeli Supreme Court in protest against the law and 100 Druze reservists complained that though having fought in Israel's wars for generations, the bill relegated them to second-class status.  Israeli centrists and leftists denounce the law as anti-democratic and racist in that it does not give all citizens the same right. Opposition MPs likened the contentious law to apartheid. Mass protests have been held in Tel Aviv following the law which was labelled as racist towards the country’s Arabs. Benny Begin, son of the co-founder of the current ruling party Likud, expressed his concern about the direction of his party; in his opinion, it is moving a little further away from human rights. The Adalah Legal Center for Arab Minority Rights in Israel said that the law "contains key elements of apartheid", which is not only immoral, but absolutely prohibited under international law". Adalah Director Hassan Jabareen said that the law would make Israel an exclusively Jewish country, which "made discrimination a constitutional value and made its attachment to favouring Jewish supremacy the reason for its institutions". Shimon Stein and Moshe Zimmermann commented that the new law calls into question the equality of Arabs living in Israel concerning the loss of Arabic's status as an official language, adding that only the country's Jewish settlements and Jewish immigration are considered fundamental values. They noted that the first clause, which states "The land of Israel is the historical homeland of the Jewish people, in which the State of Israel was established," opens up a loophole for annexation of the West Bank and a goodbye to the two-state solution and democracy. Ayman Odeh, head of the Joint List party, condemned the law, seeing it as "the death of democracy". Backlash abroad has shown disapproval of the law by Jewish groups with the American Jewish Committee stating the law “put at risk the commitment of Israel’s founders to build a country that is both Jewish and democratic”.  Additionally, Jonathan Greenblatt, CEO of the Anti-Defamation League (ADL), said, “While there are provisions that we agree with — notably with regard to state symbols like the anthem, flag and capital Jerusalem; as well as in reaffirming that the State of Israel is open to Jewish immigration — we are troubled by the fact that the law, which celebrates the fundamental Jewish nature of the state, raises significant questions about the government’s long-term commitment to its pluralistic identity and democratic nature.” The European Union expressed concern over the passing of the law, which declares that only Jews have the right of self-determination in Israel. Israeli Prime Minister Netanyahu responded that the civil rights of every Israeli citizen is guaranteed in a series of Knesset laws, including Basic Law: Human Dignity and Liberty, but the national rights of the Jewish people in Israel had not been enshrined by law until now. He also noted that "For dozens of years the opposition has preached to us that we need to withdraw to the 1967 lines to ensure that Israel will be the national home of the Jewish people where there will be a Jewish majority in the country. So now suddenly, when we legislate a law that does just that, they scream on the left".  Regarding complains by Druze citizens, Netanyahu said "In contrast to the outrageous comments from the left attacking the Jewish state, I was touched by the sentiments of our brothers and sisters in the Druze community," while assuring them that "there is nothing in this law that violates your rights as equal citizens of the State of Israel." Netanyahu added that he will continue meeting with Druze leaders to find solutions to their concerns.  A poll conducted by Panel Politics found that 58% of Israeli Jews support the law, 34% are against and 8% have no opinion (among 532 responses). The poll found more support among people who define themselves as right-wing or centrist, while leftists are more likely to oppose it. A survey, conducted by the Israeli Democracy Institute and based on the replies of 600 Israelis, showed that the majority of the public, 59.6% of Jews and 72.5% of Arabs, believe that or equality for all Israeli citizens should have been in the law. 

^ I included this from Wikipedia because I couldn't find an article that described the provisions in an easy to understand way. I see no issues with most of these provisions (Jerusalem as Israel's capital, Hebrew as the official language with Arabic as a special-status language, the Israeli flag and National Anthem or which holidays are official in Israel.) I do think that Israel should have protections enshrined within the Basic Law for those that are Israeli Arabs (Arabs that have full Israeli citizenship)  - people like the Druze who even serve in the Israeli Military. ^


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