Analysis from Israel

There’s been a lot of talk lately about the Trump Administration’s plan to slash funding for the State Department, so I’d like to offer my own modest proposal in that direction: Kill the department’s human rights bureau.

This isn’t because I think America shouldn’t care about human rights. On the contrary, I think it ought to shine a spotlight on the world’s worst abusers, given that the UN Human Rights Council and so-called human rights organizations fail to do so. But since the bureau, judging by its latest annual human rights report, does nothing but channel those institutions’ Israel obsession, I see no reason to waste taxpayer dollars on it.

Haaretz reporter Amir Tibon did a numerical analysis of the report earlier this month and discovered two astounding facts. First, the document “devotes 141 pages to the human rights situation in Israel and the occupied Palestinian territories, more than to any other country in the world except China,” which gets the same number. Second, “Even when viewed as two separate reports, the number of pages devoted to each of the areas–Israel and the occupied territories–surpasses that of any other country in the Middle East region.” For instance, Israel alone, excluding the territories, gets 69 pages; by comparison, Iran gets 48 and Syria 58.

Since a normal reader would assume the amount of space devoted to a country bears some relationship to the magnitude of its human rights offenses, any such reader would have to conclude that Israel is a far worse human rights violator than, say, Syria, where the government has slaughtered hundreds of thousands of its own citizens. It must certainly be worse than Iran, which has abetted that slaughter with both money and troops.

But the report becomes even more surreal when you start examining the “crimes” to which the State Department devoted all that ink. Take, for instance, the demolition of illegal construction in the Israeli Bedouin town of Umm al-Hiran.

We’ll leave aside the question of why demolishing illegal construction–with the approval of several courts, including the Supreme Court, and while offering the residents alternative land plus cash compensation–constitutes a human rights violation at all. It’s enough to consider a single sentence, which is based on a report by an Israeli NGO, the Negev Coexistence Forum: “The NCF reported that construction work on [the planned new town of] Hiran progressed and expanded during the year, reaching to within a few yards of Bedouin houses in Umm al-Hiran, and residents suffered from the dust raised by construction.”

Is this a joke? Or do State’s human rights gurus seriously think people suffering from the dust of nearby construction constitutes a human rights violation? By that logic, the only place anyone could build without violating human rights would be in wilderness areas. In other words, we’d essentially have to shut down all construction worldwide.

Or take its section on press freedom, which quotes another NGO, the Association for Civil Rights in Israel. It begins as follows: “The independent media were active and expressed a wide variety of views without restriction. In December, however, ACRI published a report detailing a variety of legislative and rhetorical attacks on media throughout the year by elected officials, especially Prime Minister Netanyahu, and expressed concern about the chilling effect of these attacks on press freedom.”

In other words, State thinks it’s reasonable to fear a “chilling effect” on Israel’s media even though its own first sentence admits there’s no evidence of any such thing (“The independent media were active and expressed a wide variety of views”). Even worse, however, the nonexistent human rights problem it alleges would be solvable only by creating a real one. How could Israel possibly prevent elected officials’ “rhetorical attacks on media” without suppressing their own freedom of speech?

But far worse than such inanities is the way the report traffics in unsupported libel. Take, for instance, this gem: “There were reports some children worked in forced labor in the West Bank, including in settlements. NGOs reported employers subjected Palestinian men to forced labor in Israeli settlements … The PA was unable to monitor and investigate abuses in these areas.”

In other words, the State Department accused Israel of subjecting Palestinians–including children–to forced labor, without citing a single example to substantiate this accusation. It did so despite admitting that it doesn’t actually have any evidence aside from unspecified “reports” by unspecified “NGOs,” which even the Palestinian Authority wasn’t prepared to back (it “was unable to monitor and investigate” the allegations). Nor is this lack of evidence surprising, since the accusation is groundless (shockingly, Israel isn’t running forced labor camps in the settlements). So why was such a vile, unsubstantiated allegation even included in the report?

A human rights report worthy of the name would prioritize, devoting most of its attention to the world’s worst abusers. It would reflect enough basic good judgment to excise inanities like “suffering from construction dust.” It would either try to confirm unsubstantiated allegations or omit them because they were unsubstantiated. And it might even include some original investigating about human rights abuses in the many oppressive dictatorships that “human rights” organizations find less enthralling than democratic Israel.

Instead, the State Department apparently just copy-pasted anything it could find from such organizations, no matter how ludicrous or unsubstantiated. That inevitably resulted in paying absurdly excessive attention to Israel, because that’s what most “human rights” organizations do. If you doubt that, just consider this stunning graph from the Elder of Ziyon blog analyzing Amnesty International’s tweets during one month in summer 2015: Amnesty spared only four tweets for Syria’s ongoing civil war, but devoted over 60 to Israel and Gaza, most of them rehashing a war that had ended a year earlier with less than half a percent of Syria’s death toll.

In short, the human rights bureau simply generated a U.S.-sponsored version of the same anti-Israel bias Ambassador Nikki Haley so rightly condemns at the UN. And if so, then really, who needs it?

Originally published in Commentary on March 20, 2017

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Why Israel Needs a Better Political Class

Note: This piece is a response to an essay by Haviv Rettig Gur, which can be found here

Israel’s current political crisis exemplifies the maxim that hard cases make bad law. This case is desperate. Six months after the coronavirus erupted and nine months after the fiscal year began, Israel still lacks both a functioning contact-tracing system and an approved 2020 budget, mainly because Prime Minister Benjamin Netanyahu is more worried about politics than the domestic problems that Israel now confronts. The government’s failure to perform these basic tasks obviously invites the conclusion that civil servants’ far-reaching powers must not only be preserved, but perhaps even increased.

This would be the wrong conclusion. Bureaucrats, especially when they have great power, are vulnerable to the same ills as elected politicians. But unlike politicians, they are completely unaccountable to the public.

That doesn’t mean Haviv Rettig Gur is wrong to deem them indispensable. They provide institutional memory, flesh out elected officials’ policies, and supply information the politicians may not know and options they may not have considered. Yet the current crisis shows in several ways why they neither can nor should substitute for elected politicians.

First, bureaucrats are no less prone to poor judgment than politicians. As evidence, consider Siegal Sadetzki, part of the Netanyahu-led triumvirate that ran Israel’s initial response to the coronavirus. It’s unsurprising that Gur never mentioned Sadetzki even as he lauded the triumvirate’s third member, former Health Ministry Director General Moshe Bar Siman-Tov; she and her fellow Health Ministry staffers are a major reason why Israel still lacks a functional test-and-trace system.

Sadetzki, an epidemiologist, was the ministry’s director of public-health services and the only member of the triumvirate with professional expertise in epidemics (Bar Siman-Tov is an economist). As such, her input was crucial. Yet she adamantly opposed expanding virus testing, even publicly asserting that “Too much testing will increase complacence.” She opposed letting organizations outside the public-health system do lab work for coronavirus tests, even though the system was overwhelmed. She opposed sewage monitoring to track the spread of the virus. And on, and on.

Moreover, even after acknowledging that test-and-trace was necessary, ministry bureaucrats insisted for months that their ministry do the tracing despite its glaringly inadequate manpower. Only in August was the job finally given to the army, which does have the requisite personnel. And the system still isn’t fully operational.

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