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Opinion
Palestine Update 123 Choking democracy through the backdoor A report from the Association of Civil Rights in Israel (ACRI) About ACRI and the report Since its inception, ACRI has been consistently successful in bringing precedent-setting litigation to the Supreme Court and has contributed significantly to the protection of human rights in Israel and in the Occupied Territories. ACRI has built a solid reputation for professionalism and integrity and is widely respected within the legal community, and among decision makers, the media and the public at large. This reputation enhances ACRI’s ability to make a real and lasting difference. The claim to be the sole democracy in the Middle East is a claim that Israel could have made prior to 1967. It is now a military- dictatorship that rules on draconian regulations that refute the Palestinians any basic human or civil rights. How can a government that permits democracy on a partial basis claim to be a democratic? Merely having an elected legislative structure does not certify its democratic status. It is a sham claim. This report highlights the alarming movement toward the corrosion of democratic values in Israel and the endorsement of anti-democratic initiatives. The author of the report, Attorney Debbie Gild-Hayo (Policy Advocacy Director), joined ACRI in 2006 and has since overseen ACRI’s policy advocacy work in the Knesset committees and before leading decision makers and government officials. The report is discerning and, hence, a must-read for those in who seek to understand Israel’s bizarre stratagem to create facts-on-the-ground through dubious legislative actions. Ranjan Solomon Overview of Anti-Democratic legislation by the 20th Knesset
Summary of report by Attorney Debbie Gild-Hayo, Director of Policy Advocacy, ACRI
The most basic rules of the democratic game have repeatedly been challenged. The foundations of the democratic system have been attacked, including the separation of powers and respect for the office and function of the different branches and institutions that exist in a democracy; the role of civil society; protection of human rights, for example the freedom of expression, the right to protest, and respect for the underlying value of equality. By using the “defensive democracy” approach, these areas have been subjected to systematic erosion through biased and distorted interpretations. If that were not enough, in the present era of “new politics” the formal and informal rules of the democratic process are eroded, to the extent that there seems to be almost no mutual respect and willingness to genuinely listen and discuss with those who disagree with the majority; the formal procedures remain the be-all-and-end-all, and even they are changing, or at least challenged, for the convenience of the political majority; political correctness is almost completely abandoned, causing immediate and even long-term damage to various minority groups; political interests have become more important than truths and facts, since this is the era of “alternative facts” and “fake news”. What is an anti-democratic activity? Why are such actions problematic? What harm do they cause? This process that we are currently witnessing may ultimately lead to the decay of the entire democratic system. Defending the state and the safety of its citizens must be undertaken in a proportionate and proper manner, whereby basic rights are denied or restricted only in the most extreme instances, as already established in Israeli law. It is important to note that even if these bills and initiatives do not progress to the stages of legislation and implementation, the attempt to advance them in and of itself has a considerable chilling effect on Israeli society as a whole. These initiatives seriously harm the Arab minority in Israel, human rights and civil society organizations, the Supreme Court and State Prosecutor’s Office, the media, academia, and the world of arts and culture –and therefore damage Israeli democracy. During the legislative process, bills and initiatives form part of the public agenda and influence the public mood and the perception of reality in Israeli society, creating a chilling effect on institutions and on society at large. It is also important to note that some of the initiatives in and of themselves deserve to be discussed or advanced. The difficulty lies in the scope and comprehensiveness of the phenomenon that emerges, including all its related aspects described above, resulting in the decaying of the democratic space in Israel. The list of some of the anti-democratic initiatives and bills proposed and promoted in the 20th Knesset, demonstrate the current trend. For the details of these and a detailed analysis of the various initiatives see Don’t befriend me for a day, and leave me a month. Don’t get close to me if you’re going to leave. Don’t say what you don’t do. Be close or get away.
لا تصاحبني يوماً .. لتهجرني شهراً ولا تقربني .. لتبعدني .. لا تقل ما لا تفعل كُن قريباً .. أو ابتعد. Mahmoud Darwish. |
Established in 1972, ACRI is Israel’s oldest and largest human rights organization and the only one dealing with the entire spectrum of rights and civil liberties issues in Israel and the Occupied Territories. An independent and non-partisan organization, ACRI’s mandate is to ensure Israel’s accountability and respect for human rights, by addressing violations committed by the Israeli authorities in Israel, the Occupied Territories, or elsewhere. ACRI promotes universality of human rights and and civil liberties of all, regardless of religion, nationality, gender, ethnicity, political affiliation, sexual orientation, or socioeconomic background.
In recent years we have witnessed a disturbing trend toward the erosion of democratic values in Israel and the promotion of anti-democratic initiatives. It is particularly alarming that democratic values are being undermined and the rules of the democratic process are being broken in the Knesset -Israel’s parliament and the heart and symbol of Israeli democracy. Statements and actions by senior political figures have far-reaching ramifications and influence on the attitudes of the Israeli public regarding democracy, human rights, and political, social and ethnic minorities.
