For many years now, Israel has boasted about being “the only democracy in the Middle East.” It has never been a democracy: it has systematically discriminated against its non-Jewish citizens (for example, it was only this week that Arab villages gained access to public transit), and in order to support the racial purity laws indirectly, it granted clerics control over all aspects of personal life. It permits the existence of courts where women are inherently inferior to men and their testimony is inadmissible. There is no law in Israel that guarantees the freedom of speech, which relies only on Supreme Court decisions, and the Basic Law: Human Dignity and Liberty intentionally left out the right to equality. Israel has never pretended that all its citizens are equal....
Concurrently, the first of three readings of a proposed law voted in a prohibition on calling for a boycott of Israel. As has happened a lot recently, this proposed law defines the West Bank as part of Israel-proper, which has far reaching significance.
Taking a look at the MKs who propose the law, we see quite a long list of the center-right mainstream, from Dalia Itzik, former Speaker of the Knesset and the most prominent MK on the list, to ultra-orthodox Moshe Gaffny. That last name is something of a surprise: the ultra-orthodox are the most active boycotters in Israel. That’s alright, though: the law states (at the end of its preamble) that “the balance between the public good and the best interest of the state and individual liberties is expressed by limiting the definition of the considerations of the individual who sets out to purchase a product or service as a boycott under this law.” In other words, if you boycott a particular company because it is cruel to animals, or because your rabbi told you to boycott it, or because your conscience won’t let you uphold the way it uses anorexia-promoting models in its ads, or because it uses slave labor – that would be fine. Only a boycott protesting the existence of the Israeli occupation is prohibited.
The law forbids Israeli citizens to promote, encourage, or provide information which makes it possible to maintain a boycott of “Israel” – in other words, the Israeli occupation and the persons benefitting from it. It makes possible automatic damages and fines. It makes possible, and in fact requires action against any “foreign national entity” – which would be the Palestinian Authority – if it harms the settlers’ livelihood. The most interesting item here is Section 8(ii): “Despite the content of subsection (i), any person who initiated a boycott or encouraged participation in a boycott under paragraph 2 during the year preceding the publication of the Law, it will be a refutable assumption that this person is still an initiator of a boycott or still calls for a boycott even after the date of the publication of the Law.” In other words, in contrast with nearly all the laws of the State of Israel, this law is a retroactive law, which will penalize people for actions they took before it was made into law. The settlers and the settler collaborators must be quite stressed out.
The proposed law prohibits non-violent protests and determines that it will be legal to boycott anything in Israel – which is how they obtained ultra-orthodox support – except for settlers and the occupation. That is pretty much the only case where non-violent protest is prohibited. Former Haaretz editor David Landau has already called other parliaments to boycott the Knesset due to this law. If it passes, it will be very hard to denounce people who employ violence against the occupation, its emblems and the people who enforce it. After all, they will have been barred from non-violent forms of protest.
The preamble to the law makes the claim that an American law prohibits boycotting of Israel and of other friendly states, and that it behooves Israel to be at least as vigilant as other states. But that is not exactly right: the law prohibiting boycotts, which is actually an amendment to the U.S. code of export regulations – does not prevent any citizens or corporations from boycotting anything, including Israel. It forbids their participation in a boycott organized by a foreign government. In other words, if we were to create an Israeli equivalent, it would forbid Israelis to participate in the boycott organized by the Palestinian Authority, against Israeli products (although it is doubtful that the Knesset has or even wants authority over the West Bank), but it would not prevent their organizing such a boycott on their own, as it is their right to do so, as sovereign citizens who do not wish to support an unjust policy of their government.
This law, however, has little to do with appropriate conduct. It is a law that chills speech and imposes fear; it is designed to turn opponents of the regime into enemies of the state, people who by even expressing their opinion become the legitimate targets of any Jew in Yitzhar, who can peel ₪ 30,000 right off of them without having to prove that damage has been done to him. The courts may well knock down this law, and it certainly has a long way to go in Knesset committees. The good news is that if it does indeed pass, it will significantly enhance the chances of many Israelis to obtain political asylum visas in many countries, because it will remove Israel from the list of democratic countries in an absolute and final manner.
The average Israeli will not, of course, understand why. Nor will he ever understand.
Editor's note: for a few hours this piece carried the wrong byline. Apologies to Yossi Gurvitz!
His post in Hebrew was originally published at Yossi Gurvitz's blog, Friends of George; translation by Dena Shunra of Shunra.net.
According to Muzzlewatch, “Settlement-based businesses have already reported significant losses due to a new Palestinian Authority ban on settlement-produced goods. The law would ban international supporters of BDS from the country for 10 years, and would financially devastated the Palestinian Authority by withholding monies rightfully owed to the Palestinians according to international law.
The bill, supported by the so-called “centrist” group Kadmia, is one third of the way to being passed.It is part of a cluster of anti-democratic laws being pushed through the right wing Knesset including, according to Peace Now’s Yariv Oppenheimer: the “NPO registration bill,” the “cinema-loyalty bill” (which demands a loyalty statement as a condition for receiving a budget from the state for making movies), the “citizenship revocation bill” and the “loyalty bill”. Oppenheimer goes on:
Along with these bills, the coalition is succeeding in promoting bills that discriminate in favor of the right wing side of the political map and which give privileges to settlers and their supporters. The “law for pardoning opponents of disengagement,” the “Golan referendum bill” and the “bill for preserving the rights of Israeli citizens in parts of the Land of Israel to which Israeli law does not apply”–all these are legislative initiatives that place the settlers in a unique legal status above other citizens, and even above the Knesset.”
Obviously, BDS is having an impact, and then some. And, equally obviously, Israel is hell-bent on refining its Orwellian state. That’s what happens when you believe you’re always only one minute away from a world pogrom. It’s tough to live in an anti-semitic world, nicht wahr?
Here’s the Muzzlewatch link:
link to muzzlewatch.com
Very helpful, thanks Citizen.
“Israeli BDS bill would turn opponents of the regime into enemies of the state”
The flagship state of the 21st century’s nazis gets more and more like the flagship state of the 20th century’s nazis every day.
This bill is a good first step in reigning in foreign subversives like the NIF, Peace Now, Geneva Initiative, ISM, and others that seek to destroy the Jewish state.
Look, MN, you aren’t the only one subject to comment moderation. I haven’t violated the comments policy and my opinions are in stark contrast to yours, and yet I have had my comments moderated since mid June. I know its frustrating but its not related to the opinion you espouse. Its frustrating to me because it makes it hard to enter into any dialogwith other commenters. Since you pretty much just made pronouncements, rather than engage in exchanges I doubt it is as frustrating to you, unless you take some vicarious pleasure in seeing your pseudonym on the screen. Buck up.
Having or requiring “Jewish state” assumes that people practicing the Jewish religion are unable to take part in society and must therefore be cordoned off in a state of their own. What an an anti-Semitic idea!
no need for others to try to destroy the jewish state, when israel is doing it from the inside out..
Peace Now seeks to preserve the Jewish state.
Continued expansion is the primary current influence that threatens the Jewish nature of the state.
“Enough” Zionism is the only one that will stand.
Tree, why is it that you and me are moderated if we have not violated the comments policy?
I don’t know. I suspect it has something to do with the fact that I was on vacation during early June, because the moderation of my comments happened only after my return. Witty says that he put himself on self=imposed vacation from posting around the same time has also complained about his comments being moderated. I’ve emailed all involved and Phil replied with a note saying it was mostly out of his hands but that he would look into it. That was several weeks ago. The good thing about it is that it means I spend less time here, just reading the posts most of the time, and not commenting. So I manage to have more time to do those others things I really need to do.
If you reappeared around the same time, and had your comments moderated, then that would be three of us. Its frustrating, but I don’t know why its happening or how to get out of it. Maybe I should just consider it a blessing in disguise.
Would you stop kvetching.
The Bill is a frank admission that Israel is a rogue state.
i thought everyone who wasn’t a zionist was an enemy of the state already?? i guess they need to formalize it legally…
Israel is the only Democracy in the middle east has been repeated over and over again for decades. Instead of what it really is an Apartheid State!
“It has never been a democracy: it has systematically discriminated against its non-Jewish citizens (for example, it was only this week that Arab villages gained access to public transit), and in order to support the racial purity laws indirectly, it granted clerics control over all aspects of personal life.”
Israel keeps grooming and nurturing that Frankenstein it calls “Settelers”.
The Golem will eventually rise against its master and will be its downfall.
I’m glad that the policy is not selective to political viewpoints.
Are any on unlimited status?
It would be helpful if Phil clarified what the policy is.
I don’t think that the effect of the policy has been of yet to encourage more thoughtful responses.
“I don’t think that the effect of the policy has been of yet to encourage more thoughtful responses.”
Not much happening over at your blog Witty? Feeling a bit left out are we, so here you are, wanting some company and turning up to a party you weren’t invited to and wondering why no is happy to see you and no one is talking to you.