News

Netanyahu’s extrajudicial end-run, to imprison African asylum-seekers

African immigrants seen at a detention facility located in the south of Israel. August, 2012. (Photo: Moshe Shai/Flash90/Times of Israel)
African immigrants seen at a detention facility located in the south of Israel. August, 2012. (Photo: Moshe Shai/Flash90/Times of Israel)

I’ve seen the pattern before. Over the summer Israel’s high court declared an amendment to the anti-Infiltration Law of 2009 unconstitutional. The amendment extended the maximum imprisonment for those who entered the country illegally– namely would-be refugees who managed to walk from North East Africa to the Jewish state– from three months to three years. The court also ruled that the government must release all of the detained refugees within 90 days, effectively reinforcing the former limitation on imprisonment terms.

Like any other state with an independent judiciary, Israel’s high court had reviewed the facts in the case and made a ruling based on the law. But what came next highlights the complete lapse in order: Yesterday Netanyahu announced that he’s drafting plans to imprison asylum seekers for a year and a half in a remote jail near the Sinai border.

He and the Ministry of Interior are going rogue trying to turn this prison and other facilities into a quasi halfway house for refugees where Africans can leave during the day, but return to the prison at night to sleep. And so while the court has called for a release from incarceration the state is sanctioning housing in dismal jail cells with a pass to leave when the sun is up. 

Haaretz explains:

[M]igrant workers will reside in the open facilities at night, but will be allowed to leave the compounds during specific hours to work, among other activities. Nevertheless, it is still unclear where the new facilities will be built, what specific restrictions will apply to its residents and how freely they will be able to move about.

“We cannot remain without tools at a time when we know that Israel is the only Western country that borders Africa,” said Interior Minister Gideon Sa’ar yesterday, and in a post on Netanyahu’s Facebook page.

“We must change the existing situation, which is unacceptable, in which tens of thousands of illegal migrants are in Israel. All of this is with the understanding that we are committed to acting according to the principles and values of Israel as a Jewish and democratic state,” he continued.

Teasing out this process, it becomes evident that the way in which politics are done in Israel is by constructing an extra-judicial set of tenets, beyond the checks and balances of the state. Israel has specific laws on equality and has articulated basic human rights standards. But Netanyahu’s policy interference subverts the democratic-value tenets within the legal system.

The end result is that Israel’s prime minister is making decrees that are beyond the law. This latest example looks less like a representative government and more like a king legalizing the unconstitutional.

19 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments

It’s slavery, apartheid, and trash.

Not one iota of democracy– it’s total HS. And when they rulers don’t want the slaves anymore, they trade them to Uganda for weapons, etc.

“Haaretz explains:

[M]igrant workers will reside in the open facilities at night, but will be allowed to leave the compounds during specific hours to work, among other activities. Nevertheless, it is still unclear where the new facilities will be built, what specific restrictions will apply to its residents and how freely they will be able to move about.

“We cannot remain without tools at a time when we know that Israel is the only Western country that borders Africa,” said Interior Minister Gideon Sa’ar yesterday, and in a post on Netanyahu’s Facebook page.””

PS– Israel is not a “Western country”.

Thanks Allison– you are a treasure.

Israel’s prime minister is making decrees that are beyond the law

Deger’s assertion is pure and utter rubbish.
From the Haaretz article she has referenced:
“Prime Minister Benjamin Netanyahu announced his decision to push forward a law that would enable the state to confine illegal migrant for a year and a half on Thursday. The new law would replace of the Infiltration Prevention Law recently overturned by the High Court of Justice that allowed the state to confine illegal migrants for a period of up to three years.
…An expanded panel of nine High Court justices declared unconstitutional the amendment to the Infiltration Prevention Law that the state used to hold close to 1,800 African migrants in detention facilities. ”

Israel is doing what every other democratic country in the world is entitled to do to protect itself from a huge influx of people looking for better economic opportunities. Israel is a signatory to the 1951 UN Refugee Convention, Yemen being the only other country in the region to have signed it. Israel’s responsible and abiding legal system ensures that only appropriate legislation can be introduced.

the state also plans to establish open stay centers. According to the initial details about the plan, migrant workers will reside in the open facilities at night, but will be allowed to leave the compounds during specific hours to work

i do not understand the meaning of ‘open’ in this context. if they are only allowed to leave during certain hours how is this ‘open’.

something tells me ‘open stay centers’ is just for propaganda purposes the way ‘clean air initiative’ is code for massive pollution run amuck.

I thought there was going to be one of the usual suspects writing on this page about how Israel is “lawful and blameless and non-abusive as always, especially to the schwartzies”, and I wasn’t disappointed.

“We cannot remain without tools at a time when we know that Israel is the only Western country that borders Africa,” said Interior Minister Gideon Sa’ar yesterday, and in a post on Netanyahu’s Facebook page.

Since when is Israël a ‘Western country’, and since when does it border Africa? Oh, it’s on Netanyahu’s Facebook page. That explains all.