Analysis from Israel

In the West, where regular elections are taken for granted, what interested people about yesterday’s Israeli ballot was the outcome. But in the Middle East, many were envious of the very fact that it took place. Nowhere was this truer than among Palestinians, who haven’t had an election in 10 years – not because Israel is preventing them from doing so, but because their own leadership is. And anyone who actually cares about the peace process ought to be far more worried by the Palestinian election that didn’t happen than by the outcome of the Israeli one that did.

A veteran Palestinian journalist from Ramallah summed up the prevailing sentiment succinctly. “We say all these bad things about Israel, but at least the people there have the right to vote and enjoy democracy,” he told Jerusalem Post reporter Khaled Abu Toameh before the election. “We really envy the Israelis. Our leaders don’t want elections. They want to remain in office forever.”

Ghanem Nuseibeh, an East Jerusalem Palestinian now living in Britain, put out an illuminating series of tweets throughout Election Day, including, “Over a million Arabs take part in Middle East’s most democratic elections today”; “The Arabs in Israel are the only Middle East Arab group that practices true democracy”; and “Israel is secure not because it will elect Bibi or Buji, but because of what it is doing today.” He was rooting for Isaac Herzog (“Buji”) and deplored Benjamin Netanyahu, but after acknowledging that his candidate had lost, he nevertheless tweeted, “Israel is the world’s most vibrant democracy” …. “If an Arab country had the same wide spectrum of political parties as Israel does, it would be fighting a civil war unseen in human history.”

Astoundingly, even Hamas in Gaza issued numerous tweets urging Israeli Arabs to vote for the Arab parties’ Joint List. One can only imagine what Gaza residents must have felt at seeing Hamas urge Palestinian Israelis to exercise a right Palestinians in Gaza are denied by their own Hamas-run government.

The absence of Palestinian elections can’t be blamed on “the occupation,” since said “occupation” didn’t prevent elections for the Palestinian Authority from being held in both 1994 and 2005/2006. Rather, it’s entirely the choice of the Palestinians’ own rival governments – Mahmoud Abbas in the West Bank and Hamas in Gaza. Both have steadfastly refused to call new elections for fear of losing power.

Nor is the vote the only right Palestinians’ own governments deny them. They are also deprived of other basic civil rights like freedom of speech and freedom of the press. Both Hamas in Gaza and the PA in the West Bank routinely arrest and intimidate journalists; consequently, a recent study found, fully 80% of Palestinian journalists say they self-censor. Palestinians also face arrest even for Facebook posts criticizing their respective governments.

But aside from the fact that this denial of basic civil rights is bad in general, it has real implications for the peace process. Here, another of Nuseibeh’s Election Day tweets is instructive: “Neither the PA nor Bibi want peace. Difference is Israel can remove its own obstacle for peace, through free elections.”

Even if one disputes his assessment of Netanyahu, Abbas or both, his basic point is unarguable: If Israelis see a chance for peace and consider their own prime minister an obstacle to it, they can unseat him – an option they’ve in fact exercised in the past. Palestinians have no such option.

But the problem goes deeper than that – because Abbas, now in the 11th year of his four-year term, also lacks the democratic legitimacy needed to make the kind of concessions any peace agreement would entail. Palestinian human rights activist Bassem Eid summed up the issue bluntly in a lecture to the Limmud UK conference in December: Abbas, he told his shocked audience, will never be able to make peace with Israel, because he currently represents nobody except himself, his wife and his two sons.

And this does much to explain what most Western leaders consider the deplorable outcome of yesterday’s Israeli vote. As a poll taken last week showed, fully 64% of Israeli Jews agree that “no matter which party forms the next government the peace process with the Palestinians will not advance because there is no solution to the dispute,” and an identical 64% believe “the Palestinian leadership will not show greater flexibility and readiness for concessions” if Herzog replaces Netanyahu. In other words, Israelis saw no reason to vote for a premier more enthusiastic about pursuing peace talks because they saw no answering enthusiasm from the Palestinian side. Had they faced a new Palestinian government that did show interest in making peace, I suspect Israelis would choose Herzog over Netanyahu by a large majority.

Thus if Western leaders are serious about wanting Israeli-Palestinian peace, working to rectify the lack of Palestinian democracy would be far more productive than wringing their hands over the choices made by Israel’s democracy. For precisely because Israelis can always change their minds again in a few years, the Palestinian democracy deficit is far more detrimental to the prospects for peace than the outcome of any Israeli election ever could be.

Originally published in Commentary on March 18, 2015

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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.

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