Tag: 1948 Palestine

By Amos Schocken

To view original article, published in Haaretz on the 28th June, click here

The government’s decision last week to extend the validity of the Citizenship Law (Temporary Order), for another year, is evidence that the legal barriers preventing severe discrimination against Israel’s Arab citizens and harm to their civil rights have been removed.

This extension is the eighth since the law was first passed in 2003, and it shows just how naive Justice Edmond Levy’s position was when he refused to join in the 2006 decision by five judges from the High Court of Justice, who stated that the law was unconstitutional, that it contravened the Basic Law on Human Dignity and Freedom, and that it must be removed from the law books. Levy explained his refusal by saying that he saw no need to intervene because only two months remained until the law expired. However, at the end of the two months, the law was extended by a year, and now they want to extend it for yet another year.

Had Levy known that the law’s limited validity was nothing but a deception aimed at preparing a discriminatory and unconstitutional law, there is no doubt he would have joined the five justices’ majority opinion that it was unconstitutional and should be removed. We must hope that the High Court of Justice, when it rules on the new petition submitted against the law after it was extended in 2006, will take into account that the term “temporary provision,” which both the government and Knesset take pains to stress, is a deception. We are talking about, in effect, a permanent law.

The law stipulates that the interior minister does not have the authority to approve residence in Israel for a resident of Judea and Samaria (unless, of course, they are Jews – that is, settlers). This is so even regarding family reunions, meaning marriage, when it comes to Palestinian spouses who are younger than 35 (for men) or 25 (for women). In effect, the law prevents young Israeli citizens from marrying the spouse of their choice and living with this spouse in Israel, if the spouse is a Palestinian from Judea and Samaria.

It is obvious that this has barely any effect on the right of young Israeli Jews to live in their country with the spouse of their choice, because there are hardly any marriages between Israeli Jews and Palestinians from Judea and Samaria. On the other hand, these Palestinians constitute Israeli Arabs’ natural pool for choosing a spouse. For this reason, the law severely discriminates when comparing the rights of young Israeli Jewish citizens and young Israeli Arab citizens.

When the law was first passed in 2003, supposedly as a temporary one-year measure, it was accompanied by security reasoning – the risk of implanting terrorists in Israel via marriage. The reasoning was faulty even at that time: Every Palestinian who wishes to enter Israel must be addressed individually. It is the Shin Bet security service’s task to do this and thus carry out its mission – protecting the security of Israel’s citizens such that the country remains democratic, with equal rights for all. However, as the years go by, it becomes clear that the security argument and the term “temporary measure” are merely a deception aimed at “koshering” discriminatory legislation for demographic reasons.

The claim that there are indications of an apartheid state in Israel is widely heard in the Western world. The word apartheid is catchy and understood in many parts of the world, which makes it useful to send a message that we resent and which we claim has no connection with reality in Israel. However, we do not have to identify the characteristics of South African apartheid in the civil rights discrimination in Israel in order to call Israel an apartheid state. The amendment to the Citizenship Law is exactly the kind of practice that leads to the use of such a term, and it is best that we not try to evade the truth: Its existence in the law books turns Israel into an apartheid state.

The government decided to add the Gaza Strip to the list of countries for which the interior minister does not have the prerogative to approve residence in Israel on the grounds of family reunions, regardless of age. Both the list and the new addition are superfluous and harmful. Since Hamas gained control, no one enters or leaves Gaza anyway, and the new restriction harms couples’ cases from the time when there was passage between Israel and Gaza. There is no need for this affront.

Written by Michael Warschawski – Alternative Information Center (AIC)

To view original article click here

Ten years ago, when the State of Israel was celebrating its fiftieth anniversary, our main duty was to explain that the creation of Israel was also the Palestinian Nakba, and often people asked “what does Nakba mean?” In most of the cases, the question was the result of ignorance. Today, whoever is asking “what does Nakba mean?” is not an ignorant, but rather a Nakba-denier, a kind of cousin of the Shoah-denier who is asking “what does Shoah mean?” The concept of Nakba and the reality of the Palestinian catastrophe have become public knowledge.

Moreover: all over the world, and not only in the progressive media, any mention of Israel’s sixtieth anniversary has been followed by the mention of the Palestinian Nakba, including by those—and they are the majority—for whom the creation of Israel is an event that deserves feasts and celebrations.

No doubt that this recognition is a big victory for the Palestinian people, whose tragic history has been denied for decades: the battle over history has finally be won, and the Zionist narrative concerning “a land without people for a people without land” and Palestinian refugees who either have never existed (sic) or have been forced to flee by their own leadership, are lying today in the garbage heap of old-propaganda lies. In its great majority, international public opinion recognizes that the price for the creation of a Jewish State was the destruction of Palestine and the creation of hundreds of thousands of refugees.

In Israel too, the Palestinian tragedy is largely recognized, thanks to the New Historians, who, twenty years ago, started to demystify the events surrounding the creation of Israel and have almost become today the official historians of Israel. No doubt, recognizing the “original sin” of the birth of Israel is an important evolution, allowing the Israeli people to look at its own existence with much less self-deception and mystifications, and, therefore, able to better understand the roots of the Israeli-Arab conflict and the way out of this conflict.

One should, however, be aware of the simple fact that recognizing a crime is only a first step, and by no means final one if our aspiration is reconciliation between the peoples. A necessary condition, yes, but not a sufficient one to end the conflict.

It may sound obvious, but it is not: during the Oslo process, not a few Israeli Left-intellectuals argued about the necessity for Israel to recognize “its portion of responsibility” and the right of return for the refugees, while, in exchange, the Palestinians will renounce any meaningful implementation of this right. Not a bad deal! One pleads guilty in exchange of being absolved by the victims and not having to repair or pay compensations! In reality, however, it is a very bad deal. First for the victims, who are asked to renounce what has just been recognized as their legitimate right; it is not hard to imagine that as long they are barred from returning to their lands, many among the refugees will keep their anger and animosity toward the Israelis, even after the Israelis will have asked for forgiveness.

But it is also a bad deal for the Israelis themselves, who, by such tricks and half-measures, will not be able to liberate themselves from the spectres haunting their very existence. For, the Israeli structural violence and brutality cannot be understood if one is not aware of the permanent presence of the spectres of the Nakba in the Israeli collective (un)consciousness. It is well known that denial does not make the victims disappear, but merely transform them into spectres.

Only by fully accepting the right of return of the refugees can the Israeli people liberate themselves from the fear of return and destruction. Because, accepting in good faith the (right of) return means the end of the refugees as refugees, and their transformation into neighbors. The return of the Palestinian refugees to their homeland is not only a basic and nonnegotiable human right, but the precondition for the healing of Israeli society, its normalization, and the door open for true reconciliation.