Analysis from Israel

Palestinian Authority President Mahmoud Abbas is routinely lauded as a “moderate” and a peace-seeker, because unlike Hamas, he generally refrains from openly calling for Israel’s destruction. But anyone who believes he doesn’t share this goal should pay close attention to what he told a group of journalists and Israeli intellectuals on Monday. Amid all the soothing bromides about continued security cooperation and the importance of negotiations was one highly revealing sentence: When the Palestinians seek UN recognition as a state later this month, “We are going to complain that as Palestinians we have been under occupation for 63 years.”

For anyone who needs reminding, Israel’s “occupation” of the West Bank and Gaza began 44 years ago, in 1967. What happened 63 years ago was Israel’s establishment – in the pre-1967 borders. In other words, as far as Abbas is concerned, the problem isn’t Israel’s “occupation” of the West Bank, it’s Israel’s very existence: Even pre-1967 Israel constitutes an “occupation.”

Nor is this position uncommon among Palestinians: A Pew Global Attitudes poll in 2007 found that fully 77 percent of Palestinians think “Palestinians’ rights cannot be taken care of if Israel exists.”

The charitable might say Abbas was simply referring to the Palestinians’ 63 years without a state: At the same time Israel was established, in 1948, Jordan and Egypt occupied the West Bank and Gaza, respectively. But in reality, there has never been an independent Palestinian state; Palestinians have always lived under someone else’s rule. Before 1948 came the 31-year British occupation; before that came the 400-year Turkish occupation; before that came various Arab caliphates that ruled “Palestine” from Damascus; and so forth.

In short, 63 years doesn’t mark the start of Palestinian life under occupation -unless you think Israel’s very existence, and only that, constitutes an occupation. And in fact, that’s precisely what Palestinians do think. That’s why the PLO was founded in 1964, three years before Israel captured the West Bank and Gaza, with the explicit goal of eradicating pre-1967 Israel; that’s why Palestinians never demanded an independent state in the West Bank and Gaza during the 19 years when Jordan and Egypt controlled these areas; that’s why Palestinians rejected the UN partition plan in 1947 and every subsequent offer  of statehood; that’s why Palestinians still demand millions of “refugees” be relocated to Israel under any peace agreement, thereby eliminating the Jewish state demographically (see here, here, here, for instance); that’s why the PA systematically denies the truth of Judaism’s historical ties to this land; and that’s why Abbas still refuses to grant that a “Jewish” state – as opposed to an “Israel” that could be Palestinian-majority via an influx of refugees – has any right to exist.

Abbas, of course, is faithfully reflecting his people’s views – the views of that majority who think “Palestinians’ rights cannot be taken care of if Israel exists,” who see a two-state solution as a mere stepping-stone toward Israel’s eradication. And as long as that remains true, any possibility of an Israeli-Palestinian peace is a pipe dream.

 

Subscribe to Evelyn’s Mailing List

Why equality doesn’t belong in the nation-state law

Ever since Israel’s nation-state law was enacted in July, one constant refrain has sounded: The law should have included a provision guaranteeing equality to all Israelis. It’s not only the law’s opponents who say this; so do many of its supporters, liberals and conservatives alike. But they are wrong.

Adding a provision about equality to the nation-state law sounds innocuous because civic and political equality is already implicitly guaranteed through the 1992 Basic Law: Human Dignity and Liberty. Basic Laws are Israel’s closest approximation to constitutional legislation, and the 1992 law, which protects the “dignity of any person as such,” has been consistently interpreted by the courts as enshrining equality on the grounds that discrimination violates a person’s dignity. So what harm could it do to offer an explicit guarantee in the Basic Law: Israel as the Nation-State of the Jewish People?

The answer is that doing so would elevate Israel’s democratic character above its Jewish one. And that would negate the entire purpose of the nation-state law, which was to restore Israel’s Jewish character to parity with its democratic one—not superiority, but merely parity.

To understand why this is so, it’s first necessary to understand why adding an equality provision would violate basic constitutional logic. This argument was cogently made from the liberal side of the political spectrum by Haim Ramon, a former senior Labor Party Knesset member and former justice minister. Writing in Haaretz’s Hebrew edition last month, Ramon argued that if anyone thinks equality isn’t sufficiently protected by the Basic Law: Human Dignity and Liberty, they should work to amend that law rather than the nation-state law, as the former is where any provision on equality belongs.

This isn’t mere semantic quibbling. A constitution, being a country’s supreme instrument of governance, isn’t supposed to be a jumble of random provisions thrown together with no more thought than a monkey sitting at a keyboard might provide; it’s supposed to be a carefully crafted document. That’s why constitutions typically group all provisions relating to a given topic into a single article or chapter. Each article has equal status; none is more or less important than the others. And together, they create a comprehensive document that addresses all the basic questions of governance.

Read more
Archives