Is Israel a democracy or an ethnocracy?

Defenders of the Jewish state have unwittingly kicked off a much-needed debate about national identi

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The Britain Israel Communications and Research Centre (BICOM) is one of the key Israel advocacy groups in the UK. In the last week BICOM has published a series of essays on 'Israel's democratic futures' (if that's a question, the answer is 'here's hoping'). BICOM's worry, as its chief Lorna Fitzsimons wrote in her introduction, is that "a notion is spreading in the West that Israel is fast becoming an illiberal ethno-democracy".

One of the contributions is an interview by BICOM's Alan Johnson of the US political philosopher Michael Walzer. At first glance, Johnson appears to be unafraid of posing the difficult questions - but Walzer's unchallenged replies are revealing.

Israel is not the state of the Jewish people; Jews outside Israel don't vote in its elections and non-Jews inside Israel do vote in its elections. The Jewish people are not sovereign in Israel; the citizens of Israel are sovereign there. I think there is a sense in which Israel, I mean green line Israel, is right now politically a state of all its citizens. The real difficulties are not political, they are cultural, and they arise in every nation state.

Unpacked, this is a wonderful illustration of the denial and diversion tactics deployed by those trying to reconcile the idea of a 'Jewish' and 'democratic' state. Walzer says "there is a sense" in which Israel is "a state of all its citizens" - but he presents no evidence, and quickly moves on in order to focus on "cultural" difficulties.

Walzer's response is just wrong (and he surely must know this).

Firstly, foundational to Israel's legal framework as a Jewish state is legislation passed in the first few years, specifically the Law of Return, the Absentee Property Law, and the Citizenship Law. These laws shaped an institutionalised regime of ethno-religious discrimination by extending Israel's 'frontiers' to include every Jew in the world (as a potential citizen), at the same time as explicitly excluding expelled Palestinians.

Search BICOM's essays in vain, however, for serious acknowledgement that Israel the 'liberal democracy' was founded on the basis of ethnic cleansing and mass land expropriation; that the only reason there is a 'Jewish majority' at all, is because of the historic fact of the forced exclusion of Palestinians from their homes and lands.

Secondly, there is a distinction in Israel between 'citizenship' and 'nationality', a difference missed by English speakers, who tend to use the terms interchangeably. Professor David Kretzmer, law scholar at Hebrew University and member of the International Commission of Jurists, has written how this concept of 'nation' "strengthens the dichotomy between the state as the political framework for all its citizens and the state as the particularistic nation-state of the Jewish people".

In the 1970s, Israel's Supreme Court rejected a petition by a Jewish Israeli who sought to change his nationality status from 'Jewish' to 'Israeli'. The ruling stated that "there is no Israeli nation separate from the Jewish nation...composed not only of those residing in Israel but also of Diaspora Jewry". Then-president of the Court Shimon Agranat said that a uniform Israeli nationality "would negate the very foundation upon which the State of Israel was formed".

Thirdly, Israel continues to be in an official 'state of emergency', which the Knesset has annually renewed since 1948. There are still 11 laws and 58 ordinances that depend on the state of emergency, covering a wide range of matters.

Fourthly, Israeli law provides for the banning of electoral candidates who deny "the existence of the State of Israel as the state of the Jewish people". Related to that, proposed bills can be rejected on the grounds that they undermine "Israel's existence as the state of the Jewish people". This is particularly instructive, given the emphasis placed by those trying to defend Israel's 'democracy' on the fact that Palestinian citizens can vote and be elected as MKs.

Fifthly, there is the legislated role of the Zionist institutions, the Jewish Agency/World Zionist Organisation and Jewish National Fund. As I write in my new book, bodies intended to privilege Jews, by being granted responsibilities normally performed by the state, are thus "placed in positions of authority where they have the ability to prejudice the interests of non-Jewish citizens".

Those are a selection of elements in what makes Israel a Jewish state, as opposed to a state of all its citizens. But what has it meant in practice, for Palestinians living in this 'Jewish and democratic' state?

From 1948 to 1966, the majority of Israel's Arab citizens lived under military rule, a state of affairs used to expropriate land for establishing Jewish communities, as well as repress dissent. This is a vital part of the history, and makes it laughable that in one of the BICOM essays, Amichai Magen claims Israel has never had "a single episode of slippage into authoritarianism" (not for the Jewish population, presumably, is what he means).

In over 60 years, around 700 Jewish communities have been established in Israel's pre-1967 borders - but just seven for Arab citizens (and those were built in the Negev for 'concentrating' the Bedouin population). The average Palestinian community inside Israel has lost up to 75% of its land since 1948, while a quarter of all Palestinian citizens are internally displaced, their property confiscated for use by the state and Jewish towns.

An estimated 90,000 Palestinian citizens live in dozens of 'unrecognised villages', which suffer from home demolitions and a lack of basic infrastructure. Israeli officials openly talk of 'Judaizing' areas and tackling the 'threat' posed by non-Jewish citizens. Residency in 70% of Israeli towns is managed by committees that filter out those deemed 'unsuitable' for the 'social fabric'.

These are just a few examples of what Professor Oren Yiftachel has described as an "ethnocracy":

Despite declaring the regime as democratic, ethnicity (and not territorial citizenship) is the main determinant of the allocation of rights, powers, and resource ... [and] the logic of ethnic segregation is diffused into the social and political system.

In addition, all of this is without commenting on how, for 45 of Israel's 64 years, the Jewish state has military ruled over Palestinians in the West Bank and Gaza who do not even have the limited protection afforded by citizenship (while settling the territory with Jewish citizens).

As Israeli jurist and founding member of the Association for Civil Rights in Israel Ruth Gavison put it, the Jewish state is

an enterprise in which the Arabs are not equal partners, in which their interests are placed below those of a different national group - most of whose members are newcomers to the land, and many of whom are not even living in the country.

Such honesty seems to elude Johnson, Walzer, and BICOM. It is encouraging that the Israel advocacy group feels forced to address the issue of Israel's 'democratic future' - not least because, through the weakness of their arguments, they are unwittingly contributing to the growing understanding of what lies at the heart of the continued lack of a sustainable, just peace.

Ben White is an activist and writer. His latest book is Palestinians in Israel: Segregation, Discrimination and Democracy.

Ben White is an activist and writer. His latest book is "Palestinians in Israel: Segregation, Discrimination and Democracy"

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How Devon's humpback whale is dredging up the politics of the sea

The arrival of a humpback whale at Slapton Sands has caused a local splash. But the history of the village has a warning for those who think of the sea as spectacle alone.

The Devon coast road from Dartmouth to Torcross is as pretty as it is treacherous. After winding through a cliff-top village, the road ahead falls away to reveal a giant lake – the Slapton Ley - flanked by green hills on one side and ocean on the other. 

Tourists (or "grockles") gasp at the view and, in recent weeks, even locals have been staring out to sea - where a giant humpback whale has taken up residence in the bay.

Not seen at Slapton in living memory, the whale has swum into rural stardom. Hundreds have lined the beach with cameras and telescopes. The nearby pub and farm shop have seen levels of trade only usually enjoyed in the summer.

According to Keith Pugh, (the ice-cream-van-man who has been keeping the crowds supplied with tea) one lady from Plymouth caught the bus here every day for six weeks just to catch a single glimpse. That’s a four-hour round trip.

If this all sounds a bit fishy, that's because it is. Experts believe that the whale is feeding on the bumper numbers of small fish and mackerel that have been reported in the area. But even these are behaving in unexpected ways. “The mackerel are further north than usual for this time of year,” says Mark Darlaston, a photographer who first identified the whale as a humpback (and jokingly named it after storm “Doris”).

So what is the humpback up to, so far south of its northern feeding grounds? And should its presence be seen as a sign of recovery - for whales and UK waters in general? 

Not yet, say conservationists. And not if the history of Slapton is anything to go by.

Troubled waters

Villagers at Torcross, at the far end of Slapton sands, are familiar with secrets from the deep. In 1944, a military training in the bay went horribly wrong, when nearly 1,000 American servicemen were drowned. The tragedy was hushed up for decades.

But the greatest threat to the community comes from mismanagement of the sea itself. On 26 January 1917 the entire neighbouring village of Hallsands was swallowed by a storm. The tragedy was partially manmade. The underwater sandbanks, which had helped protect the shore from longshore drift, had been thoughtlessly dredged to supply building materials for the Plymouth docks. Some 660,000 tonnes of material were removed and never replaced.

The results of that plunder are still felt at Slapton today. In 2014, a gale-force storm swept away part of the road that runs between the sea and the ley. Just last year, the seawall at Torcross crumbled, as the protective beach beneath was carried away by waves.

Into the Brexit deeps

So much in our oceans is tightly connected to human activity. If whales are a rare sight on the UK coast, it is partly because of the human campaign against them for many years in the form of whaling. According to Sally Hamilton from the conservation charity Orca, the 1980s moratorium on whaling has helped some populations to recover. 

But others are still fighting to survive in the face of pollution, noise, and over-fishing. The UK’s last resident pod of killer whales looks likely to die out after high levels of PCB chemicals have stopped the females reproducing. In Norway, a stranded whale was found to have over 30 plastic bags blocking its digestive system.

There is also no certainty that the glut of fish that the whale is feeding on will come again next year. “There is still masses we don’t understand about the ocean,” says Will McCallum from Greenpeace, “Climate change and the threat of over-fishing mean that where fish are moving to is more unpredictable that it has ever been.”

And it's not just whales that could get caught out. Some UK politicians have demanded that a Brexit deal include blocking foreign vessels from fishing in British waters. With 58 per cent of UK-caught fish caught by non-British fleets, it is argued that a ban would benefit the UK industry.

But with migration patterns becoming more erratic, McCallum is sceptical. "Re-territorialising our waters would be an absolute potential disaster because we just don’t know where fish stocks are going to move," he says. 

Out of the Blues

At Torcross, the sea has long been a source of worry. Claire, the landlady at the Start Bay Inn, recalls the many storms that have pelted the seafront pub since she was a child. Just last year she was “running from one end to the other” trying to sweep the water out, while bottles rattled and the chip-fryer shook.

So it was perhaps unsurprising that news of the whale’s arrival first met with local concern. “I can’t bear to see it,” one woman tells me. She had read in the press that it had come so close in to shore to “beach” itself and die, and heard rumours it was in mourning for a lost calf.

But thanks to the investigations of Mark Darlaston and the divers at the British Divers Marine Life Rescue, such fake whale-news has been corrected - and its visits are fast becoming a source of wider hope. The owner of the Stokely farmshop has joked about replacing it with a decoy “nessie” when it leaves. Claire cannot wait to put its picture on the front of her menus (where the picture is currently of the recent storm).

It is not yet known what lies ahead for Brexit fishing policy, or for whales. But dip into the history of the village of Torcross, and it's clear that understanding and protecting the sea is inseparable from protecting ourselves.

India Bourke is an environment writer and editorial assistant at the New Statesman.