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nation state

Rights And Duties In Democratic Countries

By | nation state, Recent, Uncategorized

This study seeks a better perspective on the legitimacy of conditional civil rights in democratic nations.

To this end, we examined legal practices that pertain to pledging allegiance and prisoners’ voting rights in the 15 most liberal countries according to the Freedom House index. We also reviewed the conscription policy in  7 democratic nations that still uphold (needed) conscription and have an equal to or higher rate than Israel in the Freedom index.

Allegiance: Like Israel, 9 out of the 15 states require naturalized citizens to pledge allegiance to the state–Canada, Netherlands, Australia, New-Zealand, Uruguay, Denmark, Ireland, Austria, Belgium.

One state (Japan) upholds a similar procedure which involves a declaration to choose Japanese nationality by the naturalized citizen.

Prisoner voting rights: 7 out of the 15 (Netherlands, Australia, New-Zealand, Portugal, Japan, Belgium and Austria) have a partial ban on prisoners’ voting rights, depending on the severity of the crime and the duration of the prison sentence.

One state (Uruguay) has a blanket ban on prisoners’ voting rights. In Israel, all prisoners are entitled to vote for general elections.

Mandatory service: All states exempt certain populations or individuals from enlisting to the army, mostly conscientious objectors – for religious or ideological reasons.  

No such exemption is given to minority groups due to national affiliation. In Israel, there are two minority groups who are exempted from military service: the ultra- orthodox sector – for reasons related to religious faith, and the Arab sector – due to issues of national identity.   

6 out of 7 of the states examined (Australia, Greece, Cyprus, Finland, South Korea and Switzerland) require all exempted individuals to do serve civilly, in which case the service is usually longer.

Israel is exceptional in that it exempts both the ultra-orthodox and the Arab sectors from military service and at the same time does not require these populations to perform alternative service by law.

To the full research…

Democracy in Dilemma: Means for Fighting Terror

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Amit Eisenman, one of the Institute’s researchers, has recently focused on the question of the legitimacy of using singular measures of punishment and deterrence to combat a singular crime – terror. In keeping with our best tradition, we chose to examine the issue by means of a comparative study with the aim of refuting the claim that targeted preventative killings, demolitions of houses and revocation of citizenship are unreasonable means in a democratic regime.
The study examines the use of these three practices in the fight against terror in the member countries of the G7 – Canada, France, Germany, Italy, Great Britain and the US. This study aims to enhance the perspective of decision-makers in Israel and to demonstrate how different countries contend with the similar challenges of fighting terror they share. The main findings are presented below:
Regarding targeted preventative killings, 4 of the 6 countries examined maintain armed UAVs (Unmanned Aerial Vehicle) intended for use in this faculty. In practice, such killings have been employed by 3 of these countries in recent years (those with larger armed forces and broader scope of operations).
Although this form of house demolition is a procedure uniquely instigated by the State of Israel, a person convicted of terrorism in France also forfeits his assets to the state.
Revocation of citizenship is the most commonly employed means of those studied: all the above countries employed this practice and apart from Canada, which has foregone its use, revocation of citizenship is still implemented by the other countries. In Italy, a terrorist’s citizenship may be revoked even if he remains stateless as a result.

to the full research…

 

 

The Expulsion Law

By | Constitution, In the News, nation state, Recent, Uncategorized | No Comments

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.[1] 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.

  • Six of the twelve countries surveyed impose limitations on the registration of political parties.
  • Nine of the twelve countries surveyed enable the suspension or legal disqualification of a political party.

A combination of the findings of our study with those of the RIC from 2006 and 2016 reveals that:

  • Fifteen of the twenty-eight countries surveyed impose limitations on the activity of political parties.
  • Fifteen of the twenty-eight countries surveyed enable the suspension or legal disqualification of a political party.
  • Eight of the twenty-four countries surveyed implement expulsion or suspension of a member of parliament for different behavioral offences, aside from any legal proceedings that may be initiated.

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.

[1] 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

to the full research…

New Comparative Study: National Symbols in Democratic Countries

By | nation state, Religion and State | No Comments

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).

For the full study

Adalah vs. the State of Israel

By | In the News, nation state, Recent | No Comments

Written by Lilach Danzig. Edited by Adi Arbel

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
laws.
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.

Absract and Summary

To the full report

17th Knesset Zionist Legislasion Scale

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Zionist Legislation

 

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.

 

Results

 

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.

 

 

For the full report click here.

National Preference Areas

By | Constitution, nation state, National Public Lands | No Comments

A Proposal for Government Policymaking

As prepared for a meeting with the Director General of the Prime Minister’s Office (2.09.09)

 

Read first the historical brief (Hebrew)

 

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:

  • The National Preference Areas Law is a good law that provides a suitable framework for the government to achieve the goal of the law: promoting the development of areas or towns defined as having national preference.
  • Clear standards are necessary as they facilitate transparency and prevent political decision making due to political pressure (mayors, party activists, etc.).
  • Therefore, the considerations presented in this law must be transformed into clear standards.  Our proposal is to accept the considerations as a whole as a conditional system as proposed below:
    • Sufficient condition (If A exists, then B exists.  Therefore, it is sufficient for one condition to exist in order to include a particular settlement in a national preference area)
      • Population distribution planning (Subclause 3 as appears in Chapter 26: National Preference Areas, Clause 151-B).
      • The burden of absorbing aliya (6).
    • Necessary Conditions (If A does not exist, then B does not exist, therefore, if the condition does not exist, a settlement may not be included in a National Preference Area – aside from if it fulfills one of the sufficient conditions):
      • The economic and social strength of the area (2).
      • The necessity to bridge gaps (5).
      • Tax collection rates (appears as a condition in Clause 152-A).
      • National, civil and military service enlistment rates (does not appear as a consideration in the current law, thought it should serve as a condition as will be explained later in this document).
    • Other conditions
      • The security situation (1).
      • Geographic location in relation to the central region of the State or the distance to a population center (4).
      • Additional considerations with the approval of the Financial Committee (7).
  • A large portion of the debate concerning National Preference Areas in the Knesset Financial Committee revolves around considerations, concerning which the government is supposed to make decisions.  It is advisable to notice that despite the order of the considerations having no formal legal significance, members of Knesset requested that the security situation in the region or a particular settlement be placed first in order to highlight its importance.
  • In the event that the issue is presented to the Supreme Court again, a legal opinion piece should be prepared which is to clarify the difference between basic rights and privileges, and by means of such to explain why defining certain areas as national preference areas does not upset the equality principle.  Moreover, because the security consideration is a central consideration, it is reasonable to assume that most towns that do not suffer from security issues will not be entitled to such privileges.
  • It is advantageous to include military (or national/civil) service as a necessary condition for several reasons:
    • Because the number of beneficiaries of the law is limited, it fitting to give preference to those who partake in the burden.
    • Military service is a main cause of mobility within Israeli society and serves as an effective tool in bridging gaps in Israeli society.
    • It is possible to see encouragement of service for the State as a legitimate national consideration.
  • In addition, it is proposed to investigate the situation and consider the possibility that the substandard conditions of Arab towns are not a result of a lack of government support.  It may in fact be true that Israeli Arabs receive more government support than do Jewish citizens of Israel.
  • An additional proposal that is not directly related to the law: In 1949, the first transit camps were established, which in time turned into development towns.  Despite 2009 being the sixtieth year of development towns, it is proposed to designate Israel’s 62nd anniversary as a commemoration of sixty years of development towns.

A Jewish Majority in the Land of Israel

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By Yakov Faitelson

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.

For the full research (in Hebrew)

The demography of Jerusalem

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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.

For the full document (hebrew)

Strategy of Unilateral Withdrawal

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Test Case of The Disengagement Program

Adi Arbel and Inbal Liber

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.

To The Full Position Paper (In Hebrew)

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