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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Five things we've learned from Labour conference

The party won't split, Corbynite divisions are growing and MPs have accepted Brexit. 

Labour won't split anytime soon

For months, in anticipation of Jeremy Corbyn’s re-election, the media had speculated about the possibility of a Labour split. But the party’s conference confirmed that MPs have no intention of pursuing this course (as I had long written). They are tribally loyal to Labour and fear that a split would prove electorally ruinous under first-past-the-post. Many still expect Theresa May to hold an early general election and are focused on retaining their seats.

Rather than splitting, Corbyn’s opponents will increase their level of internal organisation in a manner reminiscent of the left’s Socialist Campaign Group. The “shadow shadow cabinet” will assert itself through backbench policy committees and, potentially, a new body (such as the proposed “2020 group”). Their aim is to promote an alternative direction for Labour and to produce the ideas and organisation that future success would depend on.

MPs do not dismiss the possibility of a split if their “hand is forced” through a wave of deselections or if the left achieves permanent control of the party. But they expect Labour to fight the next election as a force at least united in name.

Neither the Corbynites nor the rebels have ultimate control 

Corbyn’s second landslide victory confirmed the left’s dominance among the membership. He increased his winning margin and triumphed in every section. But beyond this, the left’s position is far more tenuous.

The addition of Scottish and Welsh representatives to the National Executive Committee handed Corbyn’s opponents control of Labour’s ruling body. Any hope of radically reshaping the party’s rule book has ended.

For weeks, Corbyn’s allies have spoken of their desire to remove general secretary Iain McNicol and deputy leader Tom Watson. But the former is now safe in his position, while the latter has been strengthened by his rapturously received speech.

Were Corbyn to eventually resign or be defeated, another left candidate (such as John McDonnell) would struggle to make the ballot. Nominations from 15 per cent of MPs are required but just six per cent are committed Corbynites (though selection contests and seat losses could aid their cause). It’s for this reason that allies of the leader are pushing for the threshold to be reduced to five per cent. Unless they succeed, the hard-left’s dominance is from assured. Were an alternative candidate, such as Clive Lewis or Angela Rayner, to succeed it would only be by offering themselves as a softer alternative.

Corbynite divisions are intensifying 

The divide between Corbyn’s supporters and opponents has recently monopolised attention. But the conference showed why divisions among the former should be interrogated.

Shadow defence secretary Clive Lewis, an early Corbyn backer, was enraged when his speech was amended to exclude a line announcing that Labour’s pro-Trident stance would not be reversed. Though Lewis opposes renewal, he regards unilateralism as an obstacle to unifying the party around a left economic programme. The longer Corbyn remains leader, the greater the tension between pragmatism and radicalism will become. Lewis may have alienated CND but he has improved his standing among MPs, some of whom hail him as a bridge between the hard and soft left.

Elsewhere, the briefing against McDonnell by Corbyn allies, who suggested he was an obstacle to recruiting frontbenchers, showed how tensions between their respective teams will remain a story.

Labour has accepted Brexit

Ninety four per cent of Labour MPs backed the Remain campaign during the EU referendum. But by a similar margin, they have accepted the Leave vote. Jeremy Corbyn and John McDonnell, both long-standing eurosceptics, confirmed that they would not seek to prevent Brexit.

Owen Smith called for a referendum on the eventual deal during his leadership campaign. But with some exceptions, such as Angela Eagle, most of his backers have rejected the idea. Though 48 per cent of the electorate voted Remain, MPs emphasise that only 35 per cent of constituencies did. Some still fear an SNP-style surge for Ukip if Labour seeks to overturn the outcome.

The debate has moved to Britain’s future relationship with Europe, most notably the degree of free movement. For Labour, like Theresa May, Brexit means Brexit.

Corbyn will not condemn deselections 

The Labour leader could have won credit from MPs by unambiguously condemning deselection attempts. But repeatedly invited to do so, he refused. Corbyn instead defended local parties’ rights and stated that the “vast majority” of MPs had nothing to fear (a line hardly reassuring to those who do). Angela Eagle, Stella Creasy and Peter Kyle are among the rebels targeted by activists.

Corbyn can reasonably point out that the rules remain the same as under previous leaders. MPs who lose trigger ballots of their local branches face a full and open selection. But Labour’s intensified divisions mean deselection has become a far greater threat. MPs fear that Corbyn relishes the opportunity to remake the parliamentary party in his own images.  And some of the leader’s allies hope to ease the process by reviving mandatory reselection. Unless Corbyn changes his line, the issue will spark continual conflict. 

George Eaton is political editor of the New Statesman.