Apartheid

Apartheid Apartheid

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184 text about the Jewish character of Israel (out of the first sentence): [A]part from the Law of Return, which gives a ‘Jew’ and his family (but not to Arab refugees) the absolute right to come to Israel, no law discriminates between a ‘Jew’ and a non-Jew. But this is only makebelieve: numerous laws accord special privileges to persons ‘to whom the Law of Return applies’, without mentioning ‘Jews’ specifically. This is so self evident, that all state officials act accordingly without even being aware of it. The ‘Israel Land Authority’ distributes land to Jews, not to Arabs. All state development projects include Jews only. Among the hundreds of new towns and villages set up since the founding of Israel, not a single one was established for Arabs. There is no Arab minister in the Government, no Arab judge on the Supreme Court bench. 378 By comparison, Blacks in the USA – who make up a smaller minority than Palestinians with Israeli citizenship in relative terms (12 and 19 per cent, respectively) – still face structural and personal discrimination on an enormous scale, but they are no longer subject to any of the harsh legal conditions that Palestinians with Israeli citizenship, not to mention what those without that citizenship (the vast majority of Palestinians) must endure. Most recently, even black Supreme Court judges and black government ministers have appeared in the USA. At the same time non-citizen Palestinians are being treated by Israel like Native Americans in reservations during the last two centuries. In 2002, Israel announced it planned to take the unprecedented step of revoking the (already underprivileged) citizenship of three ‘Israeli Arabs’ suspected of links to ‘terrorist groups’. The move followed a plethora of ongoing harsh punitive measures against Palestinians, including politically motivated trials, the demolition of houses belonging to suicide attackers and the forced exile of members of their families from militarily occupied territories, officially in order to curb attacks by militants. Both of the latter, of course, fly in the face of some of the most central judicial axioms worldwide, including the very definition of a judicial person. But such details were of little concern to the Israeli government, in spite of international condemnation. The Palestinian parliamentarian in the Knesset, Ahmed Tibi, who (still) has Israeli citizenship, said Arab citizens were being unfairly targeted and portrayed as far more involved in anti-Israeli attacks than was the case. ‘The struggle of Arab citizens (of Israel), the Palestinian struggle, is political, public...within legal procedures’, he said. ‘They [the Israeli Jews] view the citizenship of Arabs as a gift with conditions.’ Israeli left-wingers and legal experts called the Israeli law draconian and a violation of civil rights which would hurt the country’s international status, noting that citizenship had not been revoked for two of Israel’s most notorious prisoners, who are of course both Jews: Yigal Amir, who was convicted of assassinating prime minister Yitzhak Rabin in 1995, and Mordechai Vanunu, who was jailed for leaking information on the country’s nuclear program in 1986 and ‘released’ under strict rules in 2004. On September 9, 2002, the first case of Israeli citizenship being revoked from a Palestinian (a so-called ‘Israeli Arab’) accused of planning suicide attacks on Jews was implemented. The loss of citizenship now means that Nahad Abu Kishaq, if he is ever freed from jail, is banned from living on Israeli territory, where he was previously eligible for state 378 Avnery: Israel: The Jewish Demographic State? 2002. Nearly two years after this statement was made, Israel appointed its first Arab Supreme Court judge, Salim Jubran. N.N.: Israel Appoints Arab to Supreme Court, May 7, 2004. There is actually a parallel between Israeli and South African apartheid laws in the sense of the Avnery quote. In his introduction to Mandela 2002 (1965): xi, Quayson writes about South Africa: ‘Each repressive law gathered force from the ramifications that lay well beyond its parameters and which coincide with the negative implications of other apartheid laws.’ The ethnicism is thus sloppily hidden in both country’s laws, which were of course introduced after ethnicism has become illegal internationally.

185 health care and other rights, such as the right to vote. In a first reaction to the news, the Association for Civil Rights in Israel said the practice contradicted international human rights conventions and demanded that legislation should instead be introduced to deny the interior minister the power to revoke citizenship and rights of residency. 379 If proven guilty of abetting the murder of civilians, Abu Kishaq should of course be denied full amnesty at an ideal and just TRC for the Israeli-Palestinian conflict. But in my opinion he should not have to serve as much prison time as Ariel Sharon should. At the same time, a much more extensive program for revoking potential citizenship was being put into practice. Palestinians from the Occupied Territories who had been caught working in Israel without a work permit or who were married to people with foreign citizenship, were to be expelled – to the country of the spouse’s citizenship. As I already stated in the introduction to this section, the arbitrariness of state powers and the extent of the racism in their policies with regard to citizenship is most likely unparalleled by any nonapartheid societies. On July 31, 2003, finally, the law to deny citizenship and permanent residency to Palestinian spouses of Israeli citizens was passed by the Knesset, the parliament of the Jewish state. Any children over the age of 12 of such couples will also be denied both citizenship and residency permits and will ultimately also be expelled from Israel – legally. The law only applies to Palestinians, not to any other ‘foreigners’. It was enforced despite a ‘gamut of international conventions the country has signed’, along with an outcry from a host of human rights organizations worldwide, and in blatant defiance of the Middle East ‘Road Map’ to peace, which was supposed to normalize Israeli-Palestinian relations at this time. Israeli breaches of the truce also continued with targeted killings, and killings of Palestinian bystanders, as well as continued house demolitions. Some Palestinians fought back as well – thus also violating the Road Map – but, as usual, not anywhere near to the same extent as the Israeli violations. 380 When limited Palestinian self-rule was introduced by means of the 1994 Cairo Agreement, Hanan Ashrawi criticized the agreement for legalizing apartheid in Palestine at the same time as it was being scrapped in South Africa. She pointed out the irony that the first sign of Palestinian ‘independence’ in this development was the establishment of a Palestinian police force, a sign of Bantustan dependence more than anything else. Palestinians should police themselves, mainly in order to protect Israelis. Not only Israelis and Americans should be blamed for this, but Palestinians, too, in particular the ones in the PLO leadership who went along with the process of Bantustanization. 381 The policy of the Israeli government became ‘amazingly similar’ to the Bantustan program in South Africa, according to an Israeli critic, Akiva Eldar, when a plan for withdrawing settlers and soldiers from the Gaza Strip was announced by the Sharon government in 2004. The government wanted no more responsibility (as if it had ever taken 379 N.N.: Stripping Israeli Arab of Citizenship Causes Outcry, September 10, 2002; Ridberg: Israel Revokes Israeli Arab’s Citizenship, 2002; Gershberg: Israel Plans to Strip “Terrorists” of Citizenship, 2002; N.N.: Citizenship Annulment Threats in Israel Draw Fire, August 7, 2002; Hauser: Israel to Charge Fatah Leader [Marwan Barghouthi] with Murder, 2002; Goldin: Fatah’s Barghouthi Defiant in Israeli Court, 2002; Gershberg: Palestinian Leader Defiant as Israel Indicts Him, 2002; N.N.: Israelis Scream Abuse at Fatah Leader in Court, October 3, 2002; N.N.: Israeli Army Destroys Palestinian Militants’ Homes, August 13, 2002; Heller, J.: Israel Set to Deport Militants’ Relatives to Gaza, 2002; Al-Mughrabi: Israel Dumps West Bank Deportees in Gaza Vineyard, 2002. Israel also routinely expels Palestinians from the West Bank to the Gaza Strip, an area which is generally poorer and much more densely populated. In this case, neither charges nor trials are deemed necessary by the Jewish state to justify the punishment by the authorities. ‘Suspicion of militant activity’ is considered the crime. See N.N.: Israel to Expel Three More Palestinians to Gaza, October 15, 2003; Al-Mughrabi: Israel Expels West Bank Palestinian to Gaza, 2003; N.N.: Israel Expels Three West Bank Palestinians to Gaza, November 23, 2003; N.N.: Israel Expels Eight Palestinians to Gaza -Sources, December 4, 2003. 380 Goldin: Israeli Citizenship Law Splits Arab Families, 2003; Huggler: Israel’s Marriage Law, 2003; Cook: Racism Reinforced, 2003; Singh: Slow Ethnic Cleansing, 2002; Williams: Israel Govt Memo Admits Flouting “Road Map”-Source, 2003 381 Ashrawi: This Side of Peace: A Personal Account, 1995: 292f

184<br />

text about the Jewish character of Israel (out of the first sentence):<br />

[A]part from the Law of Return, which gives a ‘Jew’ and his family<br />

(but not to Arab refugees) the absolute right to come to Israel, no law<br />

discriminates between a ‘Jew’ and a non-Jew. But this is only makebelieve:<br />

numerous laws accord special privileges to persons ‘to whom<br />

the Law of Return applies’, without mentioning ‘Jews’ specifically.<br />

This is so self evident, that all state officials act accordingly without<br />

even being aware of it. The ‘Israel Land Authority’ distributes land to<br />

Jews, not to Arabs. All state development projects include Jews only.<br />

Among the hundreds of new towns and villages set up since the<br />

founding of Israel, not a single one was established for Arabs. There<br />

is no Arab minister in the Government, no Arab judge on the Supreme<br />

Court bench. 378<br />

By comparison, Blacks in the USA – who make up a smaller minority than<br />

Palestinians with Israeli citizenship in relative terms (12 and 19 per cent, respectively) – still<br />

face structural and personal discrimination on an enormous scale, but they are no longer<br />

subject to any of the harsh legal conditions that Palestinians with Israeli citizenship, not to<br />

mention what those without that citizenship (the vast majority of Palestinians) must endure.<br />

Most recently, even black Supreme Court judges and black government ministers have<br />

appeared in the USA. At the same time non-citizen Palestinians are being treated by Israel like<br />

Native Americans in reservations during the last two centuries.<br />

In 2002, Israel announced it planned to take the unprecedented step of revoking the<br />

(already underprivileged) citizenship of three ‘Israeli Arabs’ suspected of links to ‘terrorist<br />

groups’. The move followed a plethora of ongoing harsh punitive measures against<br />

Palestinians, including politically motivated trials, the demolition of houses belonging to<br />

suicide attackers and the forced exile of members of their families from militarily occupied<br />

territories, officially in order to curb attacks by militants. Both of the latter, of course, fly in<br />

the face of some of the most central judicial axioms worldwide, including the very definition<br />

of a judicial person. But such details were of little concern to the Israeli government, in spite<br />

of international condemnation. The Palestinian parliamentarian in the Knesset, Ahmed Tibi,<br />

who (still) has Israeli citizenship, said Arab citizens were being unfairly targeted and<br />

portrayed as far more involved in anti-Israeli attacks than was the case. ‘The struggle of Arab<br />

citizens (of Israel), the Palestinian struggle, is political, public...within legal procedures’, he<br />

said. ‘They [the Israeli Jews] view the citizenship of Arabs as a gift with conditions.’ Israeli<br />

left-wingers and legal experts called the Israeli law draconian and a violation of civil rights<br />

which would hurt the country’s international status, noting that citizenship had not been<br />

revoked for two of Israel’s most notorious prisoners, who are of course both Jews: Yigal<br />

Amir, who was convicted of assassinating prime minister Yitzhak Rabin in 1995, and<br />

Mordechai Vanunu, who was jailed for leaking information on the country’s nuclear program<br />

in 1986 and ‘released’ under strict rules in 2004.<br />

On September 9, 2002, the first case of Israeli citizenship being revoked from a<br />

Palestinian (a so-called ‘Israeli Arab’) accused of planning suicide attacks on Jews was<br />

implemented. The loss of citizenship now means that Nahad Abu Kishaq, if he is ever freed<br />

from jail, is banned from living on Israeli territory, where he was previously eligible for state<br />

378 Avnery: Israel: The Jewish Demographic State? 2002. Nearly two years after this statement was made, Israel<br />

appointed its first Arab Supreme Court judge, Salim Jubran. N.N.: Israel Appoints Arab to Supreme Court, May<br />

7, 2004. There is actually a parallel between Israeli and South African apartheid laws in the sense of the Avnery<br />

quote. In his introduction to Mandela 2002 (1965): xi, Quayson writes about South Africa: ‘Each repressive law<br />

gathered force from the ramifications that lay well beyond its parameters and which coincide with the negative<br />

implications of other apartheid laws.’ The ethnicism is thus sloppily hidden in both country’s laws, which were<br />

of course introduced after ethnicism has become illegal internationally.

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