On July 20 2016, the Knesset passed the final approval of “The Expulsion Law” according to which, a serving Member of the Knesset may be removed from his position if three quarters of the Knesset Committee members determine that he has incited to racism or expressed support for an armed struggle against the State of Israel. This law has aroused protests among many members of the Opposition and certain organizations such as Adalah (The Legal Center for Arab Minority Rights in Israel) that present themselves as being concerned for the rights of Israel’s minorities. According to them, the law constitutes a mortal blow to the values of democracy. They further claim that its sole purpose is to expel Arab Knesset members.
In order to attempt and resolve the issue, we have chosen to study the state of affairs in countries possessing characteristics and regimes similar to those of Israel i.e., democratic nation states. Accordingly, the study presented below examined limitations imposed on political parties and on members of parliament in twelve democratic states, members of the OECD. The study surveyed the existence and actual implementation of legal preventative measures that restrict the foundation or registration of political parties seeking to participate in elections, and also retroactive steps including disassembly or disqualification of a party after its foundation, and suspension or expulsion of a serving member of parliament.
This publication constitutes a complementary study to two relevant studies on the subject published by the Knesset Research and Information Center (hereinafter: RIC) that were conducted in 2006 and 2016 and that, among others, is based on their findings.
This study reveals a clear picture:
Not a single country granted its citizens the full and unrestricted right to vote and be elected.
A combination of the findings of our study with those of the RIC from 2006 and 2016 reveals that:
A summary conclusion of the three studies reveals the existence of substantial limitations on political activity (mainly of political parties), of differing levels of severity, while making use of a range of legal and constitutional procedures. A comparative view of the existing arrangements in the different countries suggests that the “Expulsion Law” represents a unique version in relation to parallel laws around the world. Nevertheless, when considering the Supreme Court’s practical disregard for the existing legislation, and given the restrictive and stringent circumstances regarding its activation, it serves as a legitimate (and some would say, even necessary) defense mechanism for creating a fitting balance between freedom of expression and stability of the democratic regime.
 Jonathan Lis, After Stormy Debate Knesset Approves Law Allowing Ouster of Lawmakers, Ha’aretz, July 20, 2016. https://www.haaretz.com/israel-news/1.731962
In advance of this year’s Yom Ha’atzamaut (Independence Day), we released another publication in the series of comparative studies conducted within the framework of the ‘Israel and the Nations’ project in which we demonstrate thatthat Israel maintains a discriminatory policy vis-à-vis its minorities, are groundless.
The study, conducted in conjunction with the ‘National Vision’ movement, surveys a large number of democratic nation states, shows the connection between their national anthem, flag and emblem, and the nationality of their founding community, and proves that the attempts to present Israel as an apartheid state, are wholly unfounded.
We thank the team that conducted the study: Noa Lazimi (you can listen to Noa’s interview with Michael Miro here – [Hebrew]), Almog Turgeman, Omer Arica and Adi Arbel. An article about the study can be read here (Hebrew).
Since its inception in July 2005, the BDS movement has sought to promote boycotts, divestment and sanctions against the State of Israel with the objective of delegitimizing its existence as a Jewish state. A significant part of the BDS movement’s strategy is the transformation of Israel into an international pariah nation by means of its portrayal as an apartheid state deliberately and institutionally discriminating against its Arab citizens.
Perversely, one of the bodies contributing to this propaganda is actually an Israeli organization, ‘Adalah – the Legal Center for Arab Minority Rights in Israel’. Adalah is persistent in claiming that the State of Israel promotes a discriminatory policy against its Arab citizens.
This report surveys in detail the list of laws published on the Adalah website as discriminatory, and examines the validity of the organization’s claims regarding the existence of discrimination against Israeli Arab citizens. The report’s findings reveal that Adalah elects to adopt a strategy of distorting reality with deliberately biased presentations in order to defame Israel as guilty of enforcing dozens of discriminatory
The findings of this report, presented in detail in the summary chapter, clearly demonstrate that for a variety of reasons, the claims promoted by Adalah are, in essence, fundamentally groundless:
1. The overwhelming majority of the laws featured in the list (53 out of 57) do not even relate to the citizens’ ethnic origins and those that do, are designed to prevent and avoid discrimination. For example, the Law and Administration Ordinance (1948) that defines the country’s official rest days, and the Law for Using the Hebrew Date, both explicitly exclude institutions and authorities that serve non-Jewish populations for whom the law provides for definitions and procedures appropriate for their specific needs.
2. In 21 cases, Adalah’s claims of discrimination stem from the organization’s extremist stance that rejects the nature of Israel as a nation state in general and as the nation state of of the Jewish people in particular. For example, the Yad BenZvi Law is defined as a discriminatory law because of the institution’s objective of promoting Zionist ideals.
3. 18 of the laws reflect customs in other Western democracies whose democratic character no one would disparage. For example, according to Adalah, the flag constitutes a discriminatory law. Needless to say, this unfounded reasoning would mean that any country, the flag of which bears a cross or crescent discriminates against its non-Christian or non-Muslim minorities. A more in-depth comparison
between the laws frequently found that Israeli legislation is actually characterized by a higher degree of tolerance for its national minorities.
4. In at least 13 cases, a large disparity exists between the explicit content of the laws and the biased (and sometimes warped) interpretation accorded to them by Adalah. In some instances the claimed discrimination is difficult to identify. For example, the Golan Heights Law is considered discriminatory due to its objective of “according a legal basis for the implementation of Israeli law on the territory of
the Golan Heights conquered by Israel”. It would seem that only Adalah is capable of explaining a law intended to grant equal rights to all residents of the Golan Heights as being discriminatory.
5. 8 laws are intended to protect the security of all Israeli citizens regardless of religion, race or gender. Included in these laws are a number of legislative amendments to the Criminal Procedure Law and the Prisons Ordinance aimed at assisting the security forces in preventing terror attacks. These laws adversely affect only those clearly suspected of engaging in terror activity without distinguishing between Jews and Arabs. In effect, this very claim is woefully discriminatory because it presumes that Arab citizens of Israel are generally hostile and prone to terror activities.
6. 7 of the laws do not even relate to Israel’s Arab citizens but rather to those noncitizen individuals towards whom the State is not obligated to act with equality.
The absurdity in Adalah’s approach can be demonstrated by the example of the Trading with the Enemy Act (a law evolving from British Mandatory law) being included in the list of discriminatory laws because “the countries declared as such (Iran, Syria and Lebanon) are Arab and/or Muslim states”. Presumably the law could be remedied by adding other, non-Muslim and non-Arab enemy states.
7. In the case of some of the laws mentioned in the list, the supposed discrimination in question actually affected the Jewish majority and not the Arab minority. For example, Clause 7a of the Basic Law: the Knesset, the objective of which is to prevent the candidacy of political parties acting against the existence of the State of Israel as a Jewish and democratic state, has been implemented only against Jewish parties on grounds of anti-democratic objectives. Similarly, amendments to the Absorption of Discharged Soldiers Law are indicted by Adalah for discriminating in favor of Jewish citizens, but these citizens are the ones specifically obligated to serve three years of military service for sub-minimum compensation and living conditions, thus postponing their university education and professional advancement. It is the Arab citizen who enjoys the option of exemption from military service altogether or alternatively, of volunteering for national civil service which does not place them in harms way but which
nevertheless affords them the same benefits awarded to discharged soldiers.
8. In a number of cases, Adalah misuses objective crime statistics to claim discrimination. According to this logic, if members of the Arab sector of the population are the main criminal violators of a certain law, then that particular law perforce is deemed racist. This could apply to laws against theft of property,
against sex crimes or against driving through red lights. The constructive and proper solution, to disproportionate violations is not annulment of necessary laws, of course, but rather, educating and encouraging observance of the law among all sectors of the population-without distinction or favoritism.
Fundamentally, an in-depth examination of the so-called “discriminatory” laws listed by Adalah demonstrates that the laws promoting Israel as the nation state of the Jewish people do not discriminate against its Arab citizens or diminish their civil rights. Rather, they assist in promoting Israel as a more Jewish and a more democratic state striving for the welfare of all its citizens. Any reasonable and fair comparison of Israel’s laws with those of the overwhelming number of other democratic states constituting nation states of majority ethnic groups would conclude that Israel is a model for promoting the democratic rights of all of its citizens.
As the 17th Knesset draws to an end, the Institute of Zionist Strategies is proud to publish the Zionist Legislation Scale, in which gold, silver and bronze medals were awarded to Members of Knesset who excelled in Zionist legislation activism.
What is the Zionist Legislation Scale?
The Zionist Legislation Scale Report is being published for the first time by the Institute of Zionist Strategies in preparation for the upcoming elections. The report summarizes the Zionist legislation passed during the term of the 17th Knesset, from Nissan 5766 (March 2006) to Shvat 5769 (February 2009). The report only contains laws and amendments that passed the entire legislation process. This report praises the Zionist activism of MKs who excelled in passing these laws.
What is Zionist Legislation?
Zionism, in this day in age, is a concept that is open to broad interpretation. The definition of Zionism can be quite vague and minimalist (for example, establishing a State for the Jewish nation), or alternatively, very comprehensive (for instance, creating a perfect society that will set an example for the world).
We, at the Institute for Zionist Strategies, believe that Zionist activity should be understood as the strengthening the State of Israel as a National Home for the Jewish Nation, by means of intensifying its Jewish identity.
According to this definition, Zionist legislature can be realized both on a classical practical level, by supporting settlement, security, or Aliya absorption, for instance, and similarly by means of actualizing the principles and values that the State of Israel was built upon and were stated in the Declaration of Independence.
Ten leading MKs comprise the head of the Zionist pyramid of the exiting Knesset. MK Ya’akov Margi (Shas) ranked first place and won the gold medal. The silver medal was received by MKs Otniel Shneller, Rabbi Michael Malkior and Moshe Kahlon, in that order. The bronze medal went to MKs Amnon Cohen, Gilad Erdan, Aryeh Eldad, Uri Ariel, Yitzhak Levi and Avshalom Vilan.
A Proposal for Government Policymaking
As prepared for a meeting with the Director General of the Prime Minister’s Office (2.09.09)
Following is an opinion piece by the Institute for Zionist Strategies concerning principles central to the implementation of policy in accordance with the National Preference Areas Law:
Growth trends and population forecasts have played a significant role in the political landscape of the Middle East, especially over the thorny question of Israel and the disputed territories. The notion that the Jewish majority of Israel is in danger of being swamped by Arab fertility has repeatedly been used as a political and psychological weapon to extract territorial concessions from the Israeli government. In September 2010, U.S. president Barack Obama referred to the so-called “hard realities of demography” that threaten the survival of the Jewish state.
Such a conclusion is wrong. Analysis of long-term demographic developments leads to quite the opposite conclusion: In the long run, a strong Jewish majority, not only in the state of Israel—as this author projected almost twenty-five years ago and the Israel Central Bureau of Statistics recently reaffirmed—but also in the Land of Israel is quite possible.
Population growth for the Land of Israel at the end of the second decade of the twenty-first century will be influenced by the Arab and Jewish natural increase rates reaching a convergence point based on similar live birth and mortality rates. It will also likely be influenced by continued Jewish immigration, including a new, possibly strong wave in the near future following the prolonged world economic crisis and manifestations of rising anti-Semitism around the globe. Repatriation will also be encouraged if the Israeli economy continues to be strong in the near future, an increased likelihood based in part on the huge gas and shale oil fields recently discovered in Israel. The share of Jews in the total population of the Land of Israel may also increase as a result of continued Arab emigration that may include Israeli Arabs as well. According to the results of the first-ever survey on political-social attitudes of Arab youth in Israel, conducted by the Baladna Association for Arab Youth and the Mada al-Carmel Arab Center for Applied Social Research, both in Haifa, 25 percent of the Arab youth in Israel want to emigrate.
Every country has a natural and objective carrying capacity limit for the population living on its territory and, in this respect, Israel is no different than any other. With that in mind, demographic projections can and should be used as a tool for planning by the state as well as by municipalities to avoid mistakes that can damage vital infrastructure and public services, such as health, education, and welfare systems. Ignoring the impressive demographic changes of the last twenty years in Israel has produced heavy burdens on Israel’s health system due to a lack of hospital beds and a scarcity of medical personnel. Overpopulated classrooms and a lack of qualified teachers is another such consequence. Similarly, lower than necessary construction starts in the residential sector is causing pain for young couples.
Developing proper demographic policies can be important tools for planning national security needs to assure internal order and the security of the state’s borders. Jerusalem must bear in mind that without developing such a professional, comprehensive, and long-term demographic policy, it will be very difficult to reach the vital goals of assuring a stable and secure future for generations to come.
In the research, Ya’akov Faitelson, using statistical and comparative data, presents the demography of greater Jerusalem and its anticipated patterns of growth in the coming years.
One of the findings charts the rapid growth trend in the Jewish sector, relative to other sectors. An unexpected finding, is the fact that, in contrast to the center of the city, there is no migration of Jews from greater Jerusalem. The purpose of the research is to create a foundation for the formulation of a demographic policy appropriate to each of the regions in the country, starting wit the Capitol. Faitelson offers innovative suggestions and recommendations for a plan of action.
2005: The Disengagement Plan was initiated as one of the most dramatic moves in history of the Israeli government: unilateral evacuation of nearly 9,000 Israeli residents from Gush Katif and northern Samaria coupled with the withdrawal of security forces out of the Gaza Strip.
2015: Ten years following the disengagement from Gaza and northern Samaria, it is evident that the political reality facing Palestinians has hardly changed – the levels of trust between the two governments is tenuous at best, and the security situation is unstable and a political settlement between them can be described as implausible and remote under the current status quo.
The objective of this document is to analyze the strategic implications from the test results of the unilateral withdrawals, employing the disengagement plan as a case study. What were the goals for carrying out the disengagement plan? Does the program achieve its objectives? In light of the political challenges it faces, can unilateral withdrawals be implemented for the betterment of the State of Israel?
At first, 12 goals were posited to justify a plan of unilateral withdrawal: Breaking the political deadlock, the neutralization of alternative policy initiatives, separation from the Palestinians, keeping the settlement blocs, the need to protect the residents, the difficulty of low intensity conflict, dealing with instances of insubordination, international demand for political progress, causing international pressure to be directed against the Palestinians rather than against Israel, ending Israeli rule over another people, countering the posited demographic problem, and satisfying the public pressure to leave Gaza.
The second part of the position paper examines the degree of success to which the disengagement plan attains its intended results. The results reveal an almost total failure to achieveany of the stated goals: the political stalemate continues, the alternative policy initiatives promoted before the program have not been neutralized, the separation from the Palestinians has not even been partially achieved, the already negative political status of the settlement blocs has only worsened, and the people of Israel have been exposed to greater threats from the Gaza Strip.
Moreover, Israel has experienced rounds of low intensity intensive combat, instances of insubordination did not stop but in fact spread to additional groups in Israeli society, and the international demand for political progress only intensified. The Gaza Strip, still a demographic time bomb on Israel’s front doorstep and has not been subjected to the same degree of international pressure directed at Israel The Disengagement plan has caused increased international pressures on Israel, it has also weakened Israeli society from within.
Ten years after the Disengagement Plan, there is a broad consensus in Israel that the disengagement has been a complete and abject failure. This failure was due to geopolitical factors which have not changed so that any future unilateral withdrawal will likewise fail to achieve the stated goals.
For several years discussions have been held about different propositions for government resolutions and legislation to improve the benefits granted to citizens who have served in the army or the civilian national service. These proposals include exemption from taxes, preferences for acceptance to student dorms in institutes for higher education, and preferences or benefits relating to allocation of land for housing. In their essence, the proposals entail the basic proposition that it is proper and just-and non-discriminatory- to provide public benefits in return for past contributions to the society and State. The benefits would provide preference in hiring, in wages, and in various state services offered.
On the one hand, the supporters of these propositions feel that the current situation discriminates against those who have dedicated years of their lives to the State. The current level of remuneration shows disregard and demeans the service. It is also manifestly unfair and discriminatory to fail to compensate those who were mandated to serve while others were not. Critics of the proposals claim that rewarding army service and national service discriminates against the Arab and Chareidi populations who are exempt from service. Compensation for service should be made during service and not afterwards, they argue.
This comparative analysis establishes that post-service benefits are common in the Western world. Most of the democratic countries which were examined maintain some system of benefits for those who protect the country within an army framework. In terms of the types of benefits, differences could be found in the determination of who benefits (soldiers, veterans, their families) and in the form of benefit (employment, education, and various other benefits).
In the United States, enlistment was compulsory until 1973, and benefits have been instituted since 1944: preferential mortgages, unemployment benefits, educational subsidies and small business loans are some of the benefits extended to veterans. Approximately 10 million veterans have enjoyed the GI benefits, and in the Cold War era a third of the US population has enjoyed the benefits. It was found that the GI benefits helped many Afro-Americans improve their economic and social status. Similarly, in November 2009, President Obama signed a bill to promote public sector employment of veterans. Two years after the bill took effect, 28% of new public sector employees were veterans (although they comprise less than 10% of the general adult population).
In Canada, where the enlistment is not compulsory but seeks to reflect all parts of society, incentives for preference in the private sector are given to veterans. Veterans are also granted scholarships and insurance benefits. In Switzerland, where army service is compulsory, an extra 3% is levied in income taxes from those who don’t serve. In France, where service was compulsory until 2001, combat veterans receive a special pension and are preferentially given rooms in old age homes. The English Labor Party is initiating a scheme of mortgages for army veterans and priority for an interview with a private employer. In India jobs in government offices, public corporations, and public banks are reserved for veterans. In South Africa veterans are given rights when receiving medical treatment, and in college and vocational aid, as well as in discounts on public transportation. And in Australia they are given an automatic mortgage entitlement.
Proposals to reward IDF and national service with post-benefits conform to accepted standards in democratic governments throughout the world.