Why Israeli democracy is under serious threat as extreme right-wing coalition takes power
Prime Minister Benjamin Netanyahu and his conservative allies dream of making the nation a Jewish supremacist state.
Boaz Atzili, The Conversation
2 hours ago
Menahem Kahana/AFP
Democracy is not just about holding elections. It is a set of institutions, ideas and practices that allow citizens a continuous, decisive voice in shaping their government and its policies.
The new Israeli government, headed by Benjamin Netanyahu and sworn in on December 29 is a coalition of the most extreme right-wing and religious parties in the history of the state. This government presents a major threat to Israeli democracy, and it does so on multiple fronts.
Here are the four ways that Israel’s democratic institutions, customs and practices are endangered by the new government, based on policies and legislation that might be enacted or that are already in process.
Democracy is not just about holding elections. It is a set of institutions, ideas and practices that allow citizens a continuous, decisive voice in shaping their government and its policies.
The new Israeli government, headed by Benjamin Netanyahu and sworn in on December 29 is a coalition of the most extreme right-wing and religious parties in the history of the state. This government presents a major threat to Israeli democracy, and it does so on multiple fronts.
Here are the four ways that Israel’s democratic institutions, customs and practices are endangered by the new government, based on policies and legislation that might be enacted or that are already in process.
1. Free speech threatened
Prime Minister Netanyahu has been working for years to consolidate his grip on Israeli media. The new government plans to accelerate the privatisation of media in the hands of friendly interests and brand as anti-Israeli and treasonous media outlets its leaders deem hostile. The signs of this delegitimisation are already here.
Credit: Gil Cohen-Magen/AFP
Even before the newly appointed minister of national security, Itamar Ben-Gvir, took office, the police briefly arrested and interrogated journalist Israel Frey after he posted a controversial tweet hinting that the Israeli military may be a legitimate target of Palestinian attacks. The police claimed the tweet incited terrorism, and the arrest showed journalists who favour an open and free press that they might face retaliation.
Ben-Gvir, the head of the Jewish Power party and now overseer of the police, was convicted in the past for supporting Jewish terrorism and for racist incitement against Israel’s Arab minority. In his inauguration speech on January 1, the new minister branded “Jewish anarchists” – a code he often uses for leftists and human rights organisations – as threats that “needed to be dealt with.”
Even before the newly appointed minister of national security, Itamar Ben-Gvir, took office, the police briefly arrested and interrogated journalist Israel Frey after he posted a controversial tweet hinting that the Israeli military may be a legitimate target of Palestinian attacks. The police claimed the tweet incited terrorism, and the arrest showed journalists who favour an open and free press that they might face retaliation.
Ben-Gvir, the head of the Jewish Power party and now overseer of the police, was convicted in the past for supporting Jewish terrorism and for racist incitement against Israel’s Arab minority. In his inauguration speech on January 1, the new minister branded “Jewish anarchists” – a code he often uses for leftists and human rights organisations – as threats that “needed to be dealt with.”
2. Diminishing equal rights
The Netanyahu government appears poised to allow discrimination against the LGBTQ community and women, thus undermining equality before the law, an important democratic principle.
Incoming National Missions Minister Orit Strock said in an interview in late December, “If a doctor is asked to give any type of treatment to someone that violates his religious faith, if there is another doctor who can do it, then you can’t force them to provide treatment.”
Netanyahu condemned Strock and other coalition members who stated that gay people could be denied service by businesses if serving them contradicts the business owner’s religious beliefs. Yet, journalists report that Likud and other coalition partners agreed in writing to amend the law against discrimination to allow exactly such a policy.
During early coalition negotiations, ultra-Orthodox parties demanded new legislation that would allow gender-based segregation in public spaces and events. Netanyahu has reportedly agreed, which means these laws are expected to pass the Knesset. Segregation in educational spheres, public transportation and public events is often translated into exclusion of women and weakening of women’s voices, and hence contradicts basic democratic principles such as freedom and equality.
3. West Bank annexation
The new government’s intention to de facto annex the West Bank will turn hollow Israel’s claims of being the only democracy in the West Asia.
In a December 28 tweet, Netanyahu announced that his government’s guidelines will include the principle that “the Jewish people have an exclusive and unquestionable right to all areas of the Land of Israel,” including the West Bank, occupied by Israel since 1967 and populated by a Palestinian majority.
These guidelines, combined with new nominations of far right politician Bezalel Smotrich as the minister responsible for Jewish settlements and Ben-Gvir as the minister in charge of the border police, could provide justification for annexation of the occupied Palestinian territories.
Based on much of the rhetoric of right-wing leaders such as Smotrich, Palestinian residents of these lands will have neither equal rights nor voting rights. This means apartheid, not democracy.
4. Separation of powers
In the Israeli system, the executive and legislative branches are always controlled by the same coalition. The courts are the only institution that can check the power of the ruling parties and uphold the country’s Basic Laws, which provide rights in the absence of a formal constitution.
But the new government wants to erase this separation of power and explicitly aims at weakening the courts. On January 4, after less than a week in his role, new Minister of Justice Yariv Levin announced the government’s plan for a radical judicial reform, which will include the “override clause.” That clause will allow a simple majority in the Knesset to re-enact any law struck down by the Supreme Court as unconstitutional.
Credit: Amir Cohen/POOL/AFP
This would, in effect, remove all barriers placed upon the power of the majority. The coalition could legislate policies that are not only unconstitutional, but which clearly contradict ideas of human rights and equality that are enshrined in Israel’s Declaration of Independence.
The government’s plan also includes reforms that would allow the coalition to control nomination of judges. In a small country that does not have a strong constitution and in which there is no separation of power between the executive and legislature, this move, again, would weaken the authority of the court and make judges beholden to politicians.
These so-called reforms “threaten to destroy the entire constitutional structure of the State of Israel,” said Yair Lapid, head of the opposition and former prime minister.
Netanyahu’s woes
All of these threats to Israeli democracy are more likely to materialise because of Netanyahu’s current personal problems.
Netanyahu is an experienced politician who in the past managed to quell the most extreme elements of his coalition partners, and his own Likud party, by paying them lip service while being more cautious on actual policies.
Many analysts do not believe this time will be the same.
The prime minister is facing corruption and fraud trials in three separate cases and is focused on protecting himself through whatever legislative and executive power he can muster. Netanyahu is beholden to his coalition for this task, which makes him vulnerable to their ultra-Orthodox agenda and demands for laws to perpetuate Jewish supremacy.
Any one of these changes present a serious democratic erosion. Together, they pose a clear danger to the existence of Israeli democracy.
Israel will continue to have elections in the future, but it’s an open question whether these will still be free and fair. With no judicial oversight, with constant disregard of human rights, with annexation of Palestinian lands and the disenfranchising of their people, and with a media that normalizes all of these processes, the answer is probably no.
As in Turkey, Hungary or even Russia, Israel could become a democracy in form only, devoid of all the ideas and institutions that underpin a government that is actually of the people and by the people.
Boaz Atzili is Associate Professor of International Relations, American University School of International Service.
This article first appeared on The Conversation.
Israel's Ben-Gvir orders police to bar Palestinian flags from public spaces
Previous policy dictated that due to freedom of expression laws, the flag could only be confiscated if it had 'the potential to instigate a disturbance of the peace'
A Palestinian demonstrator waves flag in front of Israeli soldiers following protest against expropriation of Palestinian land in village of Kfar Qaddum, near Jewish settlement of Kedumim on 6 January (AFP/File photo)
By MEE staff
Published date: 8 January 2023
Israel’s new national security minister, Itamar Ben-Gvir, has ordered Israel's police commissioner to enforce a directive to remove Palestinian flags from public spaces a day after one was waved at an Israeli-led anti-government protest in Tel Aviv.
UN Security Council members 'concerned' after Israel's Ben-Gvir storms Al-AqsaRead More »
Ben-Gvir sent out the order to commissioner Kobi Shabtai on Sunday, flexing unprecedented powers granted to the ultra-nationalist politician as part of recent coalition negotiations to form Prime Minister Benjamin Netanyahu's government.
Channel 13 news, which reported the initial order, also reported that Israeli police were unsure of the unilateral decree, as Israel's High Court of Justice has already deemed in many rulings that the right to expression regarding the flag must not be restricted, unless there is near certainty of a grave and genuine threat to public safety.
The court on 7 November rejected a petition was filed by the Association for Civil Rights in Israel (ACRI) against the police commissioner, Jerusalem district commander, and state attorney, demanding an end to the harassment of demonstrators carrying the Palestinian flag. The court said the petition had been rejected because the Attorney General had already issued an update informing officers not to interfere with the flying of the flag unless it "has the potential to instigate a disturbance of the peace", as per policy.
Still, far right pundits and policy makers expressed outrage following a display of the flag in Tel Aviv on Saturday, including Prime Minister Netanyahu who slammed "the opposition" and "mainstream media" for failing to condemn such "wild incitement".
"I demand that everyone stop this immediately," the prime minister tweeted.
In 2021, former Public Security Minister Omer Bar-Lev told commissioner Shabtai to only order the confiscation of Palestinian flags in exceptional security situations.
Historically, much discretion over whether the Palestinian flag should be permitted to fly has been left up to the police commissioner, with policy generally dictating that the flag be barred from Jerusalem where it is seen as having a "high level of probability of a major violation of public order", but allowed in Tel Aviv, which lacks many of the flashpoint characteristics of the holy city.
Ben-Gvir took exception however, to the flag's presence in Haifa district's village of 'Ara over the weekend during a celebration of the release of Palestinian prisoner Karim Younis, who was freed on Thursday after 40 years in Israeli prison.
Announcing the new flag directive, Ben-Gvir's bureau also noted that the minister had instructed Shabtai to open an internal investigation to examine why his previous instruction to prevent celebrations of the prisoner's release in 'Ara were only partially carried out by officers, Haaretz reported.
Ben-Gvir nixes rule allowing any MK to visit jailed terrorists
This would, in effect, remove all barriers placed upon the power of the majority. The coalition could legislate policies that are not only unconstitutional, but which clearly contradict ideas of human rights and equality that are enshrined in Israel’s Declaration of Independence.
The government’s plan also includes reforms that would allow the coalition to control nomination of judges. In a small country that does not have a strong constitution and in which there is no separation of power between the executive and legislature, this move, again, would weaken the authority of the court and make judges beholden to politicians.
These so-called reforms “threaten to destroy the entire constitutional structure of the State of Israel,” said Yair Lapid, head of the opposition and former prime minister.
Netanyahu’s woes
All of these threats to Israeli democracy are more likely to materialise because of Netanyahu’s current personal problems.
Netanyahu is an experienced politician who in the past managed to quell the most extreme elements of his coalition partners, and his own Likud party, by paying them lip service while being more cautious on actual policies.
Many analysts do not believe this time will be the same.
The prime minister is facing corruption and fraud trials in three separate cases and is focused on protecting himself through whatever legislative and executive power he can muster. Netanyahu is beholden to his coalition for this task, which makes him vulnerable to their ultra-Orthodox agenda and demands for laws to perpetuate Jewish supremacy.
Any one of these changes present a serious democratic erosion. Together, they pose a clear danger to the existence of Israeli democracy.
Israel will continue to have elections in the future, but it’s an open question whether these will still be free and fair. With no judicial oversight, with constant disregard of human rights, with annexation of Palestinian lands and the disenfranchising of their people, and with a media that normalizes all of these processes, the answer is probably no.
As in Turkey, Hungary or even Russia, Israel could become a democracy in form only, devoid of all the ideas and institutions that underpin a government that is actually of the people and by the people.
Boaz Atzili is Associate Professor of International Relations, American University School of International Service.
This article first appeared on The Conversation.
Previous policy dictated that due to freedom of expression laws, the flag could only be confiscated if it had 'the potential to instigate a disturbance of the peace'
A Palestinian demonstrator waves flag in front of Israeli soldiers following protest against expropriation of Palestinian land in village of Kfar Qaddum, near Jewish settlement of Kedumim on 6 January (AFP/File photo)
By MEE staff
Published date: 8 January 2023
Israel’s new national security minister, Itamar Ben-Gvir, has ordered Israel's police commissioner to enforce a directive to remove Palestinian flags from public spaces a day after one was waved at an Israeli-led anti-government protest in Tel Aviv.
UN Security Council members 'concerned' after Israel's Ben-Gvir storms Al-AqsaRead More »
Ben-Gvir sent out the order to commissioner Kobi Shabtai on Sunday, flexing unprecedented powers granted to the ultra-nationalist politician as part of recent coalition negotiations to form Prime Minister Benjamin Netanyahu's government.
Channel 13 news, which reported the initial order, also reported that Israeli police were unsure of the unilateral decree, as Israel's High Court of Justice has already deemed in many rulings that the right to expression regarding the flag must not be restricted, unless there is near certainty of a grave and genuine threat to public safety.
The court on 7 November rejected a petition was filed by the Association for Civil Rights in Israel (ACRI) against the police commissioner, Jerusalem district commander, and state attorney, demanding an end to the harassment of demonstrators carrying the Palestinian flag. The court said the petition had been rejected because the Attorney General had already issued an update informing officers not to interfere with the flying of the flag unless it "has the potential to instigate a disturbance of the peace", as per policy.
Still, far right pundits and policy makers expressed outrage following a display of the flag in Tel Aviv on Saturday, including Prime Minister Netanyahu who slammed "the opposition" and "mainstream media" for failing to condemn such "wild incitement".
"I demand that everyone stop this immediately," the prime minister tweeted.
In 2021, former Public Security Minister Omer Bar-Lev told commissioner Shabtai to only order the confiscation of Palestinian flags in exceptional security situations.
Historically, much discretion over whether the Palestinian flag should be permitted to fly has been left up to the police commissioner, with policy generally dictating that the flag be barred from Jerusalem where it is seen as having a "high level of probability of a major violation of public order", but allowed in Tel Aviv, which lacks many of the flashpoint characteristics of the holy city.
Ben-Gvir took exception however, to the flag's presence in Haifa district's village of 'Ara over the weekend during a celebration of the release of Palestinian prisoner Karim Younis, who was freed on Thursday after 40 years in Israeli prison.
Announcing the new flag directive, Ben-Gvir's bureau also noted that the minister had instructed Shabtai to open an internal investigation to examine why his previous instruction to prevent celebrations of the prisoner's release in 'Ara were only partially carried out by officers, Haaretz reported.
"The visits resulted in incitement and the promotion of terrorist actions,” the Israeli national security minister said.
National Security Minister Itamar Ben-Gvir arrives at the President's Residence in Jerusalem, Dec. 29, 2022. Photo by Yonatan Sindel/Flash90.
(January 8, 2023 / JNS) Israeli National Security Minister Itamar Ben-Gvir announced on Sunday the cancelation of a regulation implemented by the previous government that allowed any lawmaker to meet with jailed Palestinian terrorists.
Ben-Gvir said that he took the step after “concluding that these visits resulted in incitement and the promotion of terrorist actions.”
The policy will now revert back to that of the past when only one legislator from each political party was permitted to meet with imprisoned terrorists, and under “appropriate supervision.”
“I believe that meetings between Knesset lawmakers and security prisoners can give those prisoners a boost….It’s time to stop the rewards for terrorists, ” said Ben-Gvir.
The decision follows Ben-Gvir’s tour last week of the maximum security Nafha Prison, near Mitzpe Ramon in the Negev, during which he vowed that Palestinian terrorists would not benefit from renovations at the facility, including those resulting from a High Court ruling that they have at least four square meters (43 square feet) of living space per inmate in their respective cells.
“I came to ensure that the murderers of Jews are not getting better conditions as a result of the construction…and I was glad to see that the Israel Prison Service does not intend to improve [them],” Ben-Gvir, who is in charge of the police and prison system, said.
Hamas called Ben-Gvir’s decision “a dangerous escalation” and “unprecedented criminal behavior towards [Palestinian terrorists].”
Ben-Gvir on Tuesday created an international firestorm by defying Hamas and the Palestinian Authority and ascending the Temple Mount in Jerusalem’s Old City.
“The Temple Mount is the most important place for the people of Israel,” Ben-Gvir noted during his visit, adding: “We maintain the freedom of movement for Muslims and Christians, but Jews also go up to the site, and those who make threats must be dealt with with an iron fist.”
In response, the U.N. Security Council convened an emergency meeting, during which Robert Wood, a diplomat representing the U.S., said, “We are concerned by any unilateral acts that exacerbate tensions or undermine the viability of a two-state solution.” He added that Washington “firmly supports the preservation of the historical status quo with respect to the holy sites in Jerusalem, especially on the Haram al-Sharif/Temple Mount,” using both the Islamic and Jewish/Christian names for the site.
“In this spirit, we oppose any and all unilateral actions that depart from the historical status quo that are unacceptable,” Wood said, noting that he expects Israeli Prime Minister Benjamin Netanyahu’s government to follow through on a commitment to maintaining the status quo at the holy site.
Israel’s ambassador to the United Nations said he was “overjoyed” when he heard that the Security Council was holding an emergency meeting over the “quiet, orderly, uneventful” visit of an Israeli government minister to the Temple Mount.
“I figured that if this important body is meeting to discuss such a trivial matter, then we clearly achieved world peace overnight,” Gilad Erdan said, mocking the council’s decision to submit to the Palestinians’ demand for a discussion on the matter.
Erdan noted that Ben-Gvir entered through the only entrance for non-Muslim to the Mount at one of the limited designated times of the week for Jewish admittance, entered alone save for the security detail needed to protect him and made no attempt to pray.
He went into a lengthy history lesson about the Temple Mount and the status quo there, saying, “Israel has not harmed the status quo and has no plans to do so. The only side that is changing the status quo is the Palestinian Authority. Why? Because by turning the site into a battleground…the Palestinian Authority is making it clear that not only is Jewish prayer intolerable on the Temple Mount, but so is any Jewish presence.”
A longtime advocate for Jews being allowed to freely visit and pray at their holiest site, Ben-Gvir vowed on the campaign trail to change the status quo preventing them from doing both.
National Security Minister Itamar Ben-Gvir arrives at the President's Residence in Jerusalem, Dec. 29, 2022. Photo by Yonatan Sindel/Flash90.
(January 8, 2023 / JNS) Israeli National Security Minister Itamar Ben-Gvir announced on Sunday the cancelation of a regulation implemented by the previous government that allowed any lawmaker to meet with jailed Palestinian terrorists.
Ben-Gvir said that he took the step after “concluding that these visits resulted in incitement and the promotion of terrorist actions.”
The policy will now revert back to that of the past when only one legislator from each political party was permitted to meet with imprisoned terrorists, and under “appropriate supervision.”
“I believe that meetings between Knesset lawmakers and security prisoners can give those prisoners a boost….It’s time to stop the rewards for terrorists, ” said Ben-Gvir.
The decision follows Ben-Gvir’s tour last week of the maximum security Nafha Prison, near Mitzpe Ramon in the Negev, during which he vowed that Palestinian terrorists would not benefit from renovations at the facility, including those resulting from a High Court ruling that they have at least four square meters (43 square feet) of living space per inmate in their respective cells.
“I came to ensure that the murderers of Jews are not getting better conditions as a result of the construction…and I was glad to see that the Israel Prison Service does not intend to improve [them],” Ben-Gvir, who is in charge of the police and prison system, said.
Hamas called Ben-Gvir’s decision “a dangerous escalation” and “unprecedented criminal behavior towards [Palestinian terrorists].”
Ben-Gvir on Tuesday created an international firestorm by defying Hamas and the Palestinian Authority and ascending the Temple Mount in Jerusalem’s Old City.
“The Temple Mount is the most important place for the people of Israel,” Ben-Gvir noted during his visit, adding: “We maintain the freedom of movement for Muslims and Christians, but Jews also go up to the site, and those who make threats must be dealt with with an iron fist.”
In response, the U.N. Security Council convened an emergency meeting, during which Robert Wood, a diplomat representing the U.S., said, “We are concerned by any unilateral acts that exacerbate tensions or undermine the viability of a two-state solution.” He added that Washington “firmly supports the preservation of the historical status quo with respect to the holy sites in Jerusalem, especially on the Haram al-Sharif/Temple Mount,” using both the Islamic and Jewish/Christian names for the site.
“In this spirit, we oppose any and all unilateral actions that depart from the historical status quo that are unacceptable,” Wood said, noting that he expects Israeli Prime Minister Benjamin Netanyahu’s government to follow through on a commitment to maintaining the status quo at the holy site.
Israel’s ambassador to the United Nations said he was “overjoyed” when he heard that the Security Council was holding an emergency meeting over the “quiet, orderly, uneventful” visit of an Israeli government minister to the Temple Mount.
“I figured that if this important body is meeting to discuss such a trivial matter, then we clearly achieved world peace overnight,” Gilad Erdan said, mocking the council’s decision to submit to the Palestinians’ demand for a discussion on the matter.
Erdan noted that Ben-Gvir entered through the only entrance for non-Muslim to the Mount at one of the limited designated times of the week for Jewish admittance, entered alone save for the security detail needed to protect him and made no attempt to pray.
He went into a lengthy history lesson about the Temple Mount and the status quo there, saying, “Israel has not harmed the status quo and has no plans to do so. The only side that is changing the status quo is the Palestinian Authority. Why? Because by turning the site into a battleground…the Palestinian Authority is making it clear that not only is Jewish prayer intolerable on the Temple Mount, but so is any Jewish presence.”
A longtime advocate for Jews being allowed to freely visit and pray at their holiest site, Ben-Gvir vowed on the campaign trail to change the status quo preventing them from doing both.
No comments:
Post a Comment