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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What are the consequences of Brexit for the refugee crisis?

Politicians neglected the refugee crisis whilst campaigning – but they shouldn't now concede to the darker undertones of the debate.

In the chaotic aftermath of Brexit, the refugee crisis seems like a distant memory. Yet not even a year has passed since the body of a young Syrian boy washed up on a Turkish beach, shocking the world.

When campaigning for the EU referendum began, politicians neglected the crisis. Not because the situation had ameliorated, but because the issue had become strategically toxic. Nigel Farage's infamous poster aside, the Leave side preferred scare stories about economic migrants rather than refugees; the Remain side because the refugee crisis, more than anything else since its inception, highlighted the fragility of the ideals that underpin the European Union.

Many of the main issues aired in the course of the referendum debate were related to the refugee crisis, regardless of how little it impacted on them in reality; immigration, strain on public services, national identity. The refugee crisis became a proxy issue; implied, but not addressed, for fear of detrimental impact in the polls.

However, in his repugnant posters (it should be stressed, nothing to do with Leave campaign itself), Nigel Farage made explicit what he thought posed the greatest threat to the UK. Rightly, the posters have been condemned by both sides of the referendum debate, but the underlying suspicion of refugees it reflects has concerned many organisations.Their concern has only been exacerbated by the result of the referendum. The spike in hate crime compounds their fears.

Paul Dillane, head of UKLGIG, a charity that supports LGBTI asylum seekers to the UK, expressed unease at the reaction of his clients: “The asylum seekers I work with do not understand the decision that has been made – they feel vulnerable, they feel unwelcome. Yes the law hasn’t changed, and if they’re at risk of persecution, they will be protected. But they don’t feel like that now.”

Despite the troubling situation, the result of the referendum changes little when it comes to refugee law. “Refugee policy is shaped in London, not in Brussels”, said Stephen Hale, Chief Executive of Refugees Action. “The decision about how well we support refugees in terms of integration is a matter for the UK, not Brussels. The number of Syrian refugees we choose to resettle is a matter for the UK, not Brussels.”

Although the law may not have changed, from a diplomatic or political perspective, the same cannot be said. This does have the power to negatively impact legislation. Post-Brexit reaction in France surrounding the Touquet Treaty typifies this.

The Touquet Treaty, reached between the UK and France in 2003, permits each country to carry out passport checks on the other countries’ soil. It is what, according to French politicians in Calais, has accelerated the growth of the "Jungle", which currently accommodates close to 5,000 refugees.

Because the agreement was signed outside the auspices of the European Union, Brexit does not affect its legal legitimacy. However, for France, EU membership was crucial to the nature of the agreement. Speaking earlier this year, Harlem Desir, French Secretary of State for European Affairs, said the Touquet Treaty is “a bilaterial agreement. So, there will be no blackmail, nor threat, but it’s true that we cooperate more easily in both being members of the EU.”

Natacha Bouchart, mayor of Calais and a long-time critic of the treaty, has been vocal in her demands for legislative change since the result. Speaking to French broadcaster BGM TV, she said: “The British must take on the consequences of their choice. We are in a strong position to push, to press this request for a review and we are asking the President to bring his weight to the issue.” Some have adopted the slogan of the Leave campaign, telling them to now “take back control of your borders.”

Modification of the Touquet Treaty was branded part of ‘Project Fear’ by the Leave campaign. Because of this, change – if indeed it does happen – needs to be handled carefully by both the British and French governments.

The reaction of Natacha Bouchart is already a worrying sign for refugees. Firstly, it perpetuates the toxic narrative that casts refugees as an inconvenience. And secondly, any souring of relations between the UK and France over Brexit and the Touquet Treaty only increases the likelihood of refugees being used as political bargaining chips in the broader EU crisis over Schengen.

A divided government and disintegrating opposition do little to aid the situation. Furthermore, come October, how likely is a Brexit Tory cabinet – governing off the back of a manifesto predicated on reducing immigration – to extend the support networks offered to refugees? Even before the referendum, Theresa May, a supporter of the Remain campaign, said that Britain should withdraw from the European Convention on Human Rights, replacing it with the more questionable Bill of Rights.

Uncertainty of any kind is the most immediate danger to refugees. “Everyone is talking about it,” said Clare Mosesly, founder of Care4Calais. “But opinions on the impact are divided, which is creating yet more uncertainty.” Refugees, unsure whether Brexit will lead to increased fortification of the border, are prone to take ever more dangerous risks to reach the UK. Even economic uncertainty, seemingly distinct from issues such as the refugee crisis or immigration, has a negative impact. “The thing that worries me about a fragile economy”, said Paul Dillane, “is that when a country’s economy suffers, minorities suffer as well. Tolerance and inclusivity are undermined.”

The government must stress that the welcoming principles and legislation Britain had prior to Brexit remain in place. Andrej Mahecic, from the UNHCR, said “we will continue to rely on the UK’s strong support for humanitarian responses to refugee crises. Our work with the government on the UK’s asylum system and refugee resettlement schemes continues.”

The will from NGOs is there. The political will is less assured. In the aftermath of Brexit, the government must not concede to the darker side of the referendum debate.