Wednesday, April 28, 2010

Jonathan Cook: Israel's Big and Small Apartheids


Israel’s apologists are very exercised about the idea that Israel has been singled out for special scrutiny and criticism. I wish to argue, however, that in most discussions of Israel it actually gets off extremely lightly: that many features of the Israeli polity would be considered exceptional or extraordinary in any other democratic state.
That is not surprising because, as I will argue, Israel is neither a liberal democracy nor even a “Jewish and democratic state”, as its supporters claim. It is an apartheid state, not only in the occupied territories of the West Bank and Gaza, but also inside Israel proper. Today, in the occupied territories, the apartheid nature of Israeli rule is irrefutable -- if little mentioned by Western politicians or the media. But inside Israel itself, it is largely veiled and hidden. My purpose today is to try to remove the veil a little.
I say “a little”, because I would need far more than the time allotted to me to do justice to this topic. There are, for example, some 30 laws that explicitly discriminate between Jews and non-Jews -- another way of referring to the fifth of the Israeli population who are Palestinian and supposedly enjoy full citizenship. There are also many other Israeli laws and administrative practices that lead to an outcome of ethnic-based segregation even if they do not make such discrimination explicit.
So instead of trying to rush through all these aspects of Israeli apartheid, let me concentrate instead on a few revealing features, issues I have reported on recently.
First, let us examine the nature of Israeli citizenship.
A few weeks ago I met Uzi Ornan, an 86-year-old professor from the
Technion university in Haifa, who has one of the few ID cards in Israel stating a nationality of “Hebrew”. For most other Israelis, their cards and personal records state their nationality as “Jewish” or “Arab”. For immigrants whose Jewishness is accepted by the state but questioned by the rabbinical authorities, some 130 other classifications of nationality have been approved, mostly relating to a person’s religion or country of origin. The only nationality you will not find on the list is “Israeli”. That is precisely why Prof Ornan and two dozen others are fighting through the courts: they want to be registered as “Israelis”. It is a hugely important fight -- and for that reason alone they are certain to lose. Why?
Far more is at stake than an ethnic or national label. Israel excludes a nationality of “Israeli” to ensure that, in fulfilment of its self-definition as a “Jewish state”, it is able to assign superior rights of citizenship to the collective “nation” of Jews around the globe than to the body of actual citizens in its territory, which includes many Palestinians. In practice it does this by creating two main classes of citizenship: a Jewish citizenship for “Jewish nationals” and an Arab citizenship for “Arab nationals”. Both nationalities were effectively invented by Israel and have no meaning outside Israel.
This differentiation in citizenship is recognised in Israeli law: the Law of Return, for Jews, makes immigration all but automatic for any Jew around the world who wishes it; and the Citizenship Law, for non-Jews, determines on any entirely separate basis the rights of the country’s Palestinian minority to citizenship. Even more importantly, the latter law abolishes the rights of the Palestinian citizens’ relatives, who were expelled by force in 1948, to return to their homes and land. There are, in other words, two legal systems of citizenship in Israel, differentiating between the rights of citizens based on whether they are Jews or Palestinians.
That, in itself, meets the definition of apartheid, as set out by the United Nations in 1973: “Any legislative measures or other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups.” The clause includes the following rights: “the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression.”
Such separation of citizenship is absolutely essential to the maintenance of Israel as a Jewish state. Were all citizens to be defined uniformly as Israelis, were there to be only one law regarding citizenship, then very dramatic consequences would follow. The most significant would be that the Law of Return would either cease to apply to Jews or apply equally to Palestinian citizens, allowing them to bring their exiled relatives to Israel – the much-feared Right of Return. In either a longer or shorter period, Israel’s Jewish majority would be eroded and Israel would become a binational state, probably with a Palestinian majority.
There would be many other predictable consequences of equal citizenship. Would the Jewish settlers, for example, be able to maintain their privileged status in the West Bank if Palestinians in Jenin or Hebron had relatives inside Israel with the same rights as Jews? Would the Israeli army continue to be able to function as an occupation army in a properly democratic state? And would the courts in a state of equal citizens be able to continue turning a blind eye to the brutalities of the occupation? In all these cases, it seems extremely unlikely that the status quo could be maintained.
In other words, the whole edifice of Israel’s apartheid rule inside Israel supports and upholds its apartheid rule in the occupied territories. They stand or fall together.
Counterpunch April 26, 2010

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