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‘You cannot be a democracy and not a state of all its citizens’: Jamal Zahalka on what the rejection of the ‘State of all its Citizens’ bill means for Israel

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Last month, the Presidium of the Israeli Knesset voted to disqualify a proposed bill that called for Israel “to be defined as a state of all its citizens” before it even reached the Knesset floor for deliberation.

The bill, entitled “Basic Law: A Country of All Its Citizens,” was submitted by MKs Jamal Zahalka, Haneen Zoabi and Joumah Azbarg of the Balad party of the Joint List political bloc.

It called for the state of Israel to treat its Jewish and Palestinian citizens equally, and to recognize the rights of its Arab minority as equal to the Jewish majority.

Israeli media outlets, and the Knesset itself, noted that the move was “highly unusual,” in that it marked the first time proposed legislation had been disqualified before being discussed in the plenum during the past two Knesset terms.

Despite the loss, the Balad MKs have stepped up their campaign for the bill and are increasing efforts to raise awareness on what they say is a dangerous decision with severe implications for Israeli society and the future of the state.

MK Zahalka spoke to Mondoweiss about the party’s motivation behind proposing the bill, its significance in the current Israeli political climate, and the consequences of the outright rejection of the bill and what it represents.

Mondoweiss: Tell us about this proposal. What are the basic tenets of the bill?

Zahalka: Our party, Balad, since its establishment in 1996, presented the idea of a “state of all its citizens” as the major position of our identity. If you ask someone “What is balad?” they will say “It is the state of all its citizens.”

We entered into the Knesset on this platform decades ago. It’s not something new that we are bringing to the table. This law speaks about the basic premise that the state is for all its citizens, and is not a state for only part of its citizens.

The law stresses that the state should be for all its citizens, taking into account that it has two nationalities in the country, not just one. The bill proposed that there be two official languages, Arabic and Hebrew. It speaks about the recognition of the cultural and religious rights of every group in the country. It speaks about separation between religion and state, which does not exist in Israel, and that people’s civic rights should be upheld according to international law and universal values.

Mondoweiss: Why is necessary to propose such a bill in Israel today?

Zahalka: The question of equal treatment of citizens is not a question in most countries in the world. There should be no question that the state belongs to all the citizens, not just to one group of the citizens, in this case, the Jewish population of Israel.

The bill is simply based on the the principle of equality, and not hierarchy — that people are equal, not superior or inferior. It’s important to note that this doesn’t mean that each group does not have its collective rights; they do. Each person has a right to belong to a cultural or religious group of their choosing. We recognize that collective rights are a part of individual rights.

The bill says that the state should be a democratic state, the regime should be democratic, this is the main article of the bill. You cannot be a democracy and not a state of all its citizens.

Mondoweiss: Were you surprised when the bill was banned from even being discussed?

Zahalka: I wasn’t surprised at all. In 2003, there was a decision of the Knesset election committee to ban Balad, my party, because of the idea of the state of all citizens. The state took the position that “Balad wants 100% equality in Israel, and this is in direct conflict with the fact that this is a Jewish state for Jews, and this will take away Jewish privilege in the country.”

Eventually the High Court ruled in our favor, saying that we cannot be banned for proposing a democratic position. But this legal battle, over a decade ago, showed everyone the state’s true stance on democracy and equality. And their position has clearly not waivered.

Mondoweiss: What motivated Balad to propose this bill now?

Zahalka: Our bill was proposed in the context of discussions around the right-wing “Nation State bill,” which talks about establishing towns for Jews only, and we said, this is the exact definition of apartheid, living separately, not living in the same place, Jews and Arabs.

We oppose this law strongly, because this law officially would legitimize the already existing discrimination against our community, and officially establishes two statuses of citizenship: first-tier citizenship for Jews, and second-tier for Arabs.

Mondoweiss: Many Palestinian citizens of Israel say that this system of discrimination, and being treated as second-class citizens already exists.

Zahalka: Yes, that is true. Let’s say if we want to go live in a Jewish area in the Galilee, we will face many discriminations and problems along the way, but legally, we still can. This law would change that. It would enshrine and legalize this discrimination, and put our communities at even more risk.

Today, the right-wing might say “there are too many Arabs in Jewish cities.” But tomorrow, the second step might be to say “let us forcibly transfer Arab citizens out of Jewish towns.”

The government does not want us to live in Jewish cities, but they also refuse to build cities for Arabs. Since 1948, Israel has developed over 600 new Jewish towns. Meanwhile, not a single new Arab town or village has been built. Zero.

So, yes, this discrimination already exists. But this “Nation State” law will make that discrimination legitimate, and will open the door for new discriminations.

Mondoweiss: Critics of your bill have said it “denies the existence of the State of Israel,” and that is the reason it why it was banned. What is your response to that?

Zahalka: We do not deny Israel or its right to exist as a home for Jews. We are simply saying that we want to base the existence of the state not on the preference of Jews, but on the basics of equality.

We don’t say that the state is not for Jews. We say it is for Jews and Arabs, but they want it to be only for the Jews.  The state should exist in the framework of equality, and not in the framework of preference and superiority.

Mondoweiss: What are the consequences for Israel and its lawmakers when they ban the discussion of a bill like this?

Zahalka: The current political climate in the country is extremely volatile under the right-wing government. At the end of the day, the “state for all its citizens” bill is extremely important in the current political climate, because it is the only secular project in the government.

When Israel says it is a Jewish state, and does not allow for any discussion on the topic, it chooses religion over democracy. If we want to live in a true state of equality, we have to move towards being a secular government.

Israel has to decide, if they want a Jewish or a democratic state. They cannot have both. When you speak about the current so-called Israeli democracy, the term democracy itself misleading.  The state was established on the crime of expulsion and the crime of transfer. Israel changed the demography of the country, expelled most of the Palestinians, created an artificial Jewish majority, and then they made elections to declare it a Jewish state.

About Yumna Patel

Yumna Patel is a multimedia freelance journalist based in Bethlehem, Palestine. You can find her on twitter @yumna_patel.

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7 Responses

  1. Maghlawatan
    July 13, 2018, 4:51 pm

    The Palestinian MKs are endlessly impressive. Tibi, Zahalka and Zoabi are world class, voices of reason in a land of insane Jews.
    GroupthinK means there are virtually no coherent Jewish parliamentarians in Israel.

    It is such an irony or such a triumph for goodness that the most erudite MKs are Palestinian. Israeli kids are taught that Palestinians are backward. WTF.

    Gil Scott Heron wrote “bicentennial blues” in 1976
    Lightly edited…

    “The Palestinians have grown but the Israelis have not. The Palestinians remember everything that the Israelis forgot.

    And we would be silly in all our self righteous knowledge when we sit back and  laugh and mock the things that happen in our lives to accept anything less than the truth.”

  2. Misterioso
    July 14, 2018, 10:53 am

    Arutz Sheva, July 12/18

    “Israel summons EU ambassador for reprimand”
    “‘EU doesn’t understand Israel is sovereign state’. PM orders EU’s envoy to Israel called in for formal dressing down.”

    “The Israeli government has summoned the European Union ambassador to Israel in for a diplomatic reprimand, following a report that the ambassador had lobbied Israeli lawmakers against a bill being advanced by the government to enshrine Israel’s status as the nation-state of the Jewish people.”

  3. US Citizen
    July 14, 2018, 4:58 pm

    He is of course correct. At this moment the ‘jewish only’ state is dead.
    Fundamental demographic trends mean that israel can’t have it all. It can’t be a jewish state, a democratic state, and a state in control of its whole mythologial land.
    It can only have two of its objectives at a time.
    israel can be jewish and territorial — but not democratic.
    Or it can be democratic and territorial — but not jewish.
    Or finally, it can be jewish and democratic — but not territorial.

    The country does not belong to all of its citizens but to an ethnic group that enforces legal discrimination against non-members of the group. This is a political and religious system founded on the notion of ethnic supremacy like apartheid South Africa. It will not last.

    The Palestinians will remain and continually remind israelis that their so called ‘homeland’, israel, is built on a Palestinian graveyards and was called Palestine.

    • Maghlawatan
      July 14, 2018, 9:34 pm

      Is called.

      I remember driving to Nazareth in 2001. It is one of the largest Palestinian towns in the Galilee. I had Turkish coffee with 3 old guys in a tourist shop. They said Palestine was dead. Israel was too strong. Look!
      Power doesn’t work like that. Prussia was also strong . Look!

    • echinococcus
      July 15, 2018, 12:54 pm

      US Citizen

      This is a political and religious system founded on the notion of ethnic supremacy like apartheid South Africa. It will not last.

      Their model is not South Africa but the US of A.
      If it makes it for long enough to complete the genocide of the owners of the country, it will last as long as the US.

  4. Marnie
    July 15, 2018, 1:07 pm

    Not as a detraction from this article at all, but women will soon be entering that twilight between having rights and being property.…/news/…/modesty-laws-israels-female-soldiers-adhere-to-…Israel’s female soldiers adhere to ‘bra schedule’ to avoid arousing men
    The New Arab

    Israel’s female soldiers adhere to ‘bra schedule’ to avoid arousing men

    Female soldiers are told it’s their fault if men harass them [Getty]

    Date of publication: 15 July, 2018

    Female Israeli soldiers have been excluded from their military exercises and are being pressured to adhere to an increase in ‘modesty codes’.

    Female Israeli soldiers have complained of being subjected to extra “modesty rules” which ban them from wearing white shirts at training bases and smoking around men to prevent them being subjected to “womanly temptation” on duty.

    A report by Israel’s Women’s Network showed how women in the Israeli army are being made to comply with rules that restrict the way they dress, their army training and their interaction with male colleagues, as the influence of more religious Jews in the army grows.

    The increase in such modesty codes has made women feel less comfortable training and has put them at a higher risk of sexual harassment, the report said.

    “The dozens of testimonies that have reached us at the hotline for female soldiers in the past year and a half attest to what we’ve known for a long time. Commanders in the field deviate from the army’s orders and enforce bizarre modesty rules on the female soldiers, and prevent them from doing their jobs”, managing director of the Israel Women’s Network, Michal Gera Margaliot said.

    Designated no-bra time

    Female soldiers complained that were that they are not allowed to take off their bras for as long as they are awake.

    “Throughout my basic training and my course, they forced me and my friends to have a bra under our uniforms,” one female soldier, whose name has been withheld said in the report.

    The women were still not allowed to remove their bras, even within minutes before preparing for bed.

    “There are two minutes between the inspection at the end of the pre-sleep hour and lights out,” she said. “If we tried to remove our bras even then, we were caught and given a warning,” which could become a punishment.

    “The only ‘legal’ option was to take off your bra lying down in bed after lights out”, she added.

    The ban on removing bras was placed to stop male soldiers from becoming “aroused” by their female counterparts.

    At the same base, shorts above the knee and white shirts were banned in calisthenics classes because they were deemed too immodest.

    The mother of a soldier told Israel Women’s Network that the clothing were banned because it places the blame on the woman should a male soldier be aroused.

    Cases of sexual harassment against women being shrugged off were also recorded on grounds that the women should have been more careful.

    No free-mixing

    Among the religious soldiers in the army, female counterparts are considered a burden and communication is kept to a bare minimum. Should religious soldiers speak to women, it is usually to dictate their immodest dress.

    At one base, the deputy company sergeant from the ultra-Orthodox wing of the religious-Zionist community, “refused to speak with, look at or work with the female company clerk,” according to his aide.

    A female physical training instructor was effectively kicked out of her role when commanders were not comfortable with her presence.

    “I was supposed to lead all the force’s exercises but slowly I realised that I wasn’t wanted there, that they actually didn’t need me because the commanders preferred to lead the exercises themselves,” the unnamed instructor told Haaretz.

    The commanders wanted to lead the exercises out of fear of an upheaval by religious soldiers.

    Instead, she was given more domestic roles.

    “In practice, I didn’t do my job but rather other nonsense like guard duty and kitchen duty. It’s unreasonable,” she added.

    “The minute you see religious soldiers, you’re deterred. They once told us to put pants on over our tights if there were a lot of religious guys in the unit, but few women do. They simply skip the exercise.”

    “Harass” probably includes rape, which is the woman’s fault, of course. Welcome to the 21st century bitches! Whose fault was it? “Her fault, her fault, her fault…………..”

  5. Ossinev
    July 15, 2018, 1:38 pm

    “Among the religious soldiers in the army, female counterparts are considered a burden and communication is kept to a bare minimum. Should religious soldiers speak to women, it is usually to dictate their immodest dress”

    Will be fascinating to see how this progresses. Zios make great play of how Arab women can`t do this , have to do that etc to underpin the idea that Zioland is culturally a civilised equal rights Western “state” unlike those Arab states locked into a medieval mind set when it comes to female rights and equality.

    Perhaps compromises eg battle helmets with drop down Zio face veils are in the offing?

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