Analysis from Israel

One of the most positive strategic developments for Israel of the past few years has been its marked improvement in relations with significant parts of the Arab world. Three years ago, for instance, the most cockeyed optimist wouldn’t have predicted a letter like Israel received this week from a senior official of the Free Syrian Army, who congratulated it on its 67th anniversary and voiced hope that next year, Israel’s Independence Day would be celebrated at an Israeli embassy in Damascus.

Yet many analysts have cautioned that even if Arab leaders were quietly cooperating with Israel for reasons of realpolitik, anti-Israel hostility in the “Arab street” hadn’t abated. So a new poll showing that this, too, is changing came as a lovely Independence Day gift.

The ASDA’A Burson-Marsteller Arab Youth Survey, which has been conducted annually for the last seven years, polls 3,500 Arabs aged 18 to 24 from 16 Arab countries in face-to-face interviews. One of the standard questions is “What do you believe is the biggest obstacle facing the Middle East?”

This year, defying a long tradition of blaming all the Arab world’s problems on Israel, only 23 percent of respondents cited the Israeli-Palestinian conflict as the region’s main obstacle. In fact, the conflict came in fourth, trailing ISIS (37 percent), terrorism (32 percent) and unemployment (29 percent). Given that respondents were evidently allowed to choose more than one of the 15 options (the total adds up to 235 percent rather than 100), it’s even more noteworthy that only 23 percent thought the conflict worth mentioning.

A comparison to previous surveys shows that this figure has been declining slowly but steadily for the past few years: In 2012, for instance, it was 27 percent, a statistically significant difference given the poll’s margin of error (1.65 percent). But the 2015 decline is particularly remarkable because last summer’s war in Gaza made the past year the conflict’s bloodiest in decades for Palestinians. Hence one would have expected Arab concern about the conflict to increase. Instead, it dropped.

The poll also highlights another encouraging fact: The issues young Arabs do see as their top concerns–ISIS, terrorism, and unemployment–are all issues on which cooperation with Israel could be beneficial, and in some cases, it’s already taking place. For instance, Israeli-Egyptian cooperation on counterterrorism is closer than it’s been in years–not only against Hamas, but also against the ISIS branch in Sinai, Ansar Bayt al-Maqdis. Israel and Jordan cooperate closely on counterterrorism as well, and it’s a safe bet that quiet cooperation is also occurring with certain other Arab states that officially have no relations with Israel.

Egypt and Israel have also ramped up economic cooperation, even manning a joint booth at a major trade fair earlier this year.

In short, the issues currently of greatest concern to young Arabs are precisely the issues most conducive to a further thawing of Israeli-Arab relations.

What the poll shows, in a nutshell, is that young Arabs have reached the same conclusion Arab leaders made glaringly evident at the last year’s inaugural session of the Abu Dhabi Strategic Debate: Israel simply isn’t one of the Arab world’s major problems anymore, if it ever was. Now all Israel needs is for the West to finally come to the same realization.

Originally published in Commentary on April 24, 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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