Does Israel practice religious apartheid?

[astro]

[The person in this interview](Apartheid Israel: Uri Davis interview ) makes the case that Israel is an apartheid state where “Jew-Non-Jew” is the dividing line.

Is this true? I’m not familiar with current Israeli law. Are non-Jews as a class institutionally discriminated against?

Apartheid Israel: An interview with Uri Davis
URI DAVIS and JON ELMER
FromOccupiedPalestine.org, 17 September 2004

Jon Elmer: Your autobiography subtitle describes you as an “anti-Zionist Palestinian Jew.” By way of introduction, can you explain that designation?

Uri Davis: Well, that particular designation is informed by a commitment to a rather conventional principle: the separation of religion from the state. I very much adhere to this principle, which I think is a hugely important contribution of the American and French revolutions, and a great advance toward humanism worldwide.

I attempt to subscribe to this principle, and possibly even expand it further in suggesting that it would be well-applied not only to religion – to synagogues, churches and mosques – but also to one’s ethnic identity. The state should not intervene in people’s choice of ethnicity, nationality, religion or tribal affiliation. That applies universally, including to the situation in Palestine and Israel.

In this context, the idea of a Jewish state is not, to my mind, such a brilliant or positive idea; rather than separating religion, ethnicity, nationality or tribal affiliation from the state, Israel weds all of these to the state.

Elmer: Can you describe the meaning of citizenship in this context?

Davis: In a democratic context, citizenship is a legal relationship between the individual and the state whereby the state recognizes the fundamental rights of the citizen and undertakes to guarantee him/her equal access to the civil, political, economic and welfare resources. Citizens in a democratic state would have equal standing in the course of law, equal access to the political process - such as the right to vote and be elected – they would have equal access to land and water resources, and so on.

When there isn’t universal citizenship that is equitable to all, democratic values are compromised in a serious way. A quintessential illustration of this is Apartheid South Africa, where 87% of the territory of South Africa was reserved under law for white citizens only, and denied from non-white citizens.

I fear that the situation in Israel is comparable, and I’m not talking about popular xenophobia, but rather a situation regulated by an act of parliament where 93% of the territory of the State of Israel - and I am not referring to the West Bank and the Gaza Strip - is reserved under law for Jewish citizens only. If the apartheid distinction in South Africa was between white and non-white, the apartheid distinction in Israel is between Jew and non-Jew.

So, one cannot talk of Israeli citizenship in the same sense that one could talk of Canadian citizenship, because - racist practices and popular xenophobia in Canada notwithstanding - all citizens are equal before the law. This is not so in Israel: Jewish citizens are citizens of class A, and non-Jews are second, third and fourth class citizens.

[Lemur866]

It really isn’t true that all ethnicities are equal under the law in Canada or the US. For instance, first nations in Canada have special legal status. Native americans are exempt from many fishing and hunting laws…Alaska natives can harvest marine mammals, white people can’t. There are tribal governments in the US. In many countries certain seats in parliament are reserved for particular ethnicities. And so on.

So it isn’t the case that Israel and South Africa are unique.

[John_Mace]

an act of parliament where 93% of the territory of the State of Israel - and I am not referring to the West Bank and the Gaza Strip - is reserved under law for Jewish citizens only

Why do I have a feeling that that is a misrepresentation of reality? Perhaps one of our Israeli members can clarify.

[FinnAgain]

Good call, John.

[

The crux of the issue then, is who can actually access the land that is almost completely controlled by the ILA? The statement that “Arabs cannot buy land in Israel” is largely true, but meaningless since Jews cannot buy land either, bound by the same ILA restrictions. In actual practice, ILA lands are leased and both Arab and Jewish citizens of Israel have equal access. Some classes of Arab citizens, e.g. Bedouins, have been the beneficiaries of highly subsidized land programs in Israel, so beneficial that Jews have gone to court to try to get the same terms. Affirmative action programs for Bedouins have been upheld by Jewish courts to the detriment of Jewish citizens.

Special case of the Jewish National Fund (JNF) land

JNF land, even when managed by the Israeli government, is restricted by the formal charter of the JNF. The purpose of the JNF was to purchase land for the settlement of Jews, and this has been interpreted to mean that JNF land should not be leased, at least on a long-term basis, to non-Jews. The agreement that placed the JNF land under government administration incorporates the restriction.

In practice, however, JNF land has been leased to Arab citizens of Israel, both for short-term and long-term use such as leases on a yearly basis to Bedouins for use as pasture. In other cases, JNF land has been traded for other, unrestricted, land so it can be leased to Arabs.
Private land in Israel

There are no restrictions on private land transfers in Israel. Private land can be purchased or leasaed by Israeli Arabs or by non-citizens. Such land can be, and has been, purchased by Israeli Arabs and by foreigners, including Arab foreigners.

](http://www.palestinefacts.org/pf_1991to_now_israel_land.php)

[

This then raises the question, how do the Israeli Arabs fare in terms of land? Here we must distinguish between government, JNF, and private lands.

State-owned lands. Israeli Arabs have equal access to state-owned land—four-fifths of the entire country—both in theory and in practice. Indeed, about half of the land they cultivate is directly leased to them by the Israeli government through the ILA.15

Moreover, when it comes to residential land, the ILA sometimes offers Israeli Arabs more favorable terms from than it does to Israeli Jews. Thus, the ILA charged the equivalent of $24,000 for a capital lease on a quarter of an acre in new Jewish communities near Beersheva while Bedouin families in the nearby community of Rahat paid only $150 for the same amount of land.16 In a different case, when a Jewish policeman from Beersheva, Eleizer Avitan, applied to the ILA to lease land in a Bedouin community under the same highly subsidized terms available to the Bedouins, the ILA refused to lease him land there under any terms, so he sued. Israel’s Supreme Court ruled in favor of the ILA, saying that what might be viewed as ILA discrimination against the Jewish citizen Avitan was justified as affirmative action for Bedouin citizens.17

JNF lands. The purpose of the JNF, according to both its original charter and its 1953 Israeli charter is to purchase land for the settlement of Jews, and this has been interpreted to mean that JNF land should not be leased, at least on a long-term basis, to non-Jews.18There are, thus, formal restrictions on the lease of JNF land to Arabs. That JNF lands are now administered by a government agency does not change this restriction, for JNF land is privately owned and to lease it on exactly equal terms to Jewish and Arab Israelis would violate the 1960 agreement that placed JNF lands under government administration.

So much for official restrictions. In practice, JNF land is leased to Arab citizens of Israel, for both short- and long-term use. Thus, the ILA has leased on a yearly basis JNF-owned land in the Besor Valley (Wadi Shallala), near Kibbutz Re’em, to Bedouins for use as pasture.19 Arab citizens have also leased JNF-owned land for housing purposes via a legal device that evades the restrictions against precisely such long-term use: The land in question is traded to the government so that it can be leased out and the JNF receives other land in return.20Such swaps have sometimes taken place under threat of court action.

Private lands. There are no restrictions on the purchase of private land in Israel. Israeli Arabs or non-citizens, including Arab foreigners, may freely purchase it. The Israeli authorities have placed no obstacles in the way of such purchases, which are proceeding, as Israel’s Deputy Housing Minister Meir Porush recently noted:

The Palestinian Authority is encouraging purchases of land in Israeli territory by wealthy Palestinians. It is a matter of Palestinian figures tied to the real estate business, and living mainly in London, who try to purchase homes and lands in Jerusalem through agents and lawyers who live mainly in Ramallah.21

Clearly, many journalists reporting on Israel’s land policies have uncritically accepted charges leveled by activists and Palestinian spokesmen. Typifying the problem was a New York Times article in which reporter Joel Greenberg made four major errors in one sentence:

In Israel, Palestinians cannot buy state land, which is 91 percent of the country's territory, and state land held by the Jewish National Fund cannot even be leased to Israeli Arabs.22

In fact, state land amounts not to 91 percent of Israel’s territory but to roughly 80 percent; neither Arabs nor Jews can buy state land; the Jewish National Fund holds no state land; and JNF land is leased, with some restrictions, to Israeli Arabs.

](Can Arabs Buy Land in Israel? :: Middle East Quarterly)

I’d get into more depth here, but these sorts of screeds are generally rather absurd and not worth much time. “Israel is an apartheid state! No, it’s an imperialist racist state! No, it’s a genocidal Nazi state!”

Blah.

[antechinus]

Does Israeli immigration policy support racial or religious discrimination ?

BTW, UN Resolution 3379 determined that Zionism is a form of racism and racial discrimination. UN Resolution 4686 revoked this resolution on the grounds that two wrongs make a right. GHW Bush “…to equate Zionism with the intolerable sin of racism is to twist history and forget the terrible plight of Jews in World War II and indeed throughout history.”

[Rune]

“Two wrongs…” - That’s a fairly fuckedup understanding of Bush’s words. In any case there were 111 nations which voted for the revoking the resolution, what makes you think one of them spoke for them all? Do you ordinarily accept that Bush speaks on behalf of Australia. Speaking of Australia. Does Australia support racial apartheid? A quick google, reveals you even have a apartheid agency called: Affirmative Action Agency.

I shall be the first to admit that Denmark practice national apartheit.

[FRDE]

The only thing I can think of is that non-Jewish Israelis are exempt from conscription in the IDF, although Bedouin (I was told) tend to enlist as scouts.

There are certainly areas where populations are not very mixed, my pals say that Arabs are not keen on living in high rise flats.

From observation, the Israeli population appears to me to be a mixture of numerous races, and I’ve memories of being taken to the ‘Iraqi Quarter’ to eat turkey’s balls, or to the ‘Arab Town’ outside the new airport which is supposed to be a hub of the drug trade.

Yet again, from observation, a degree of dog-like sniffing takes place, and there is a form of protocol to be learnt when entering some restaurants - the shimmy with an open jacket for the security guy(s) (It has to be friendly, joking and serious).

I have noticed that in Tel Aviv, Hotel Cashiers tend to look remarkably Indian.

Apartheid, none that I have seen, but heterogenous, yes.

As for religion, mostly I have heard jokes about it, but I guess that the people I’ve worked for since 1991 are the type who consider a Rabbi checking a kitchen a serious hygiene risk.

[antechinus]

@Rune

Does Australia support racial apartheid?

No. The government used to up until the 1970’s, but they have moved on since the introduction of the Racial Discrimination Act. This prevented discrimination based on religious and ethnic backgound. Now immigrants can arrive from a variety of backgrounds.

@Rune

A quick google, reveals you even have a apartheid agency called: Affirmative Action Agency.

It looks like you misunderstood what afirmative action is about. It is designed to *prevent *discrimination against women in the workforce. Ensures promotion based on merit rether than sex. Have a longer google.

[antechinus]

So back to the OP:
Are non-Jews as a class institutionally discriminated against eg through immigration policy ?

[Gorsnak]

@Lemur866

For instance, first nations in Canada have special legal status. Native americans are exempt from many fishing and hunting laws.

Those are treaty rights. It’s not really a special legal status in the sense at issue here. The government of Canada obtained a whole passel of land from them in exchange for certain guarantees, including the right to fish and hunt. They aren’t exempt from fishing and hunting laws because of a race-based legal status, but based on membership in one of the political bodies specified in the various treaties. Think of it as mortgage payments on the country.

[Little_Nemo]

What is the Israeli policy on immigration? My understanding is that Jews are pretty much automatically accepted as immigrants. I’m assuming that non-Jews do not get automatic immigrant status, but what are the procedures if a Christian, Muslim, or Hindu wanted to immigrate to Israel?

[antechinus]

I thought the SDMB might have some Israel experts that could answer this question.

I tried googling ‘immigration to israel policy’ but only came up with political comment and religious opinion. Although an article in Wiki on Law of Return has some information. It suggests that Jews can automatically immigrate to Israel and that non-Jews are discriminated against. But it is only Wiki, so it may not be true. Sounds a bit suspect to me.

[Puzzler]

Israel is a Jewish state. As such, it does indeed allow immigration (Aliyah) to any Jew in the world. Bear in mind that Israel was founded after WWII, when many Jews were fleeing Europe, but found no shelter.

Non-Jews may Acquire Israeli nationality. IANA expert, but it seems the requirements are rather similar to other nations’ immigration policies.

[Puzzler]

[hijack]

antechinus

While we’re on the subject of racism and racial discrimination… maybe we should start a thread about Australia’s stance in the issue?

For example, the treatment of Aborigines – not hundreds of years ago when the near genocide took place, but rather a few decades ago, in the time of the “stolen generation”.

Her own generation has been marked by the removal of Aboriginal children from their families, the so-called “stolen generation”.
Some 100,000 children were taken from Aboriginal families throughout Australia - including Monica Morgan’s own family.
She described the impact on her family.

**Monica’s story **

"The removal of children from their families affects every member of the indigenous community in Australia today.
"Every one of our families has been directly involved, or has people who have returned home after being removed.
"In my own family, the father of my children was removed from school at 10 years of age. He and seven of his brothers and sisters - five at school, one who was in hospital, two who were in camp with their family members - were removed and placed in a jail cell and transported to places known as detention centres or homes, where they were trained to be domestics, brainwashed to be assimilated, and violated.
“In every one of our communities now we are having our people return to us, broken, feeling rejected, hopeless and without any justice.”

Or maybe you’d rather discuss the racism in Australia today – a lecture that lists evidence for anti-Aboriginal (and others) racism in Australia with a long lists of references.

Or, we can discuss this survey (PDF) about racist attitudes and experiences of racism:

About 15 percent of Australians have experienced racism within institutional settings
like the workplace and in education. About one-quarter of Australians report the
experience of ‘everyday racisms’.

That’s in 2003, not the 70’s.

What do you say?

[/hijack]

[antechinus]

@Puzzler

[hijack]
antechinus
That’s in 2003, not the 70’s.
What do you say?
[/hijack]

Yeah. Its pretty bad stuff that.
A lot of effort is being put into providing good opportunities for aboriginies in the workforce. I used to work closely in this area. Many orgaisations (such as mine) have dedicated staff to provide these employment opportunities.

[antechinus]

@Puzzler

Israel is a Jewish state. As such, it does indeed allow immigration (Aliyah) to any Jew in the world. Bear in mind that Israel was founded after WWII, when many Jews were fleeing Europe, but found no shelter.

Non-Jews may Acquire Israeli nationality. IANA expert, but it seems the requirements are rather similar to other nations’ immigration policies.

Thats a good link to the summary of Israeli Nationality Law for aquisition of Israeli Nationality.

It appears if it would be very hard for a person not related to an Israeli to immigate to Israel as a national. Unless they are Jewish. Though there is a provision for exemption of this rule at the discretion of the Minister of the Interior.

It does sound very discriminatory to me.

From the guidelines: “For the purposes of this Law, “Jew” means a person who was born of a Jewish mother or has converted to Judaism and is not a member of another religion.”

What is to stop a buddist or muslim etc from saying that they have converted to Judaism and then request nationality?

[Noone_Special]

@antechinus

It appears if it would be very hard for a person not related to an Israeli to immigate to Israel as a national. Unless they are Jewish. Though there is a provision for exemption of this rule at the discretion of the Minister of the Interior.

It does sound very discriminatory to me.

It’s actually a lot like getting Naturalized in the US. If you’re Jewish then there’s an exemption; if you’re not you need to become a legal alien first, then go through the regular hoops any country puts on the way to getting Naturalized. It’s “discriminatory” in the sense that Israel was founded as a haven for Jews and so grants Jews near-automatic citizenship, but not in the sense that we don’t make naturalization harder for non-Jews than anyplace else on Earth makes it for anyone. It’s “Affirmative Action” (for Jews) rather than discrimination.

From the guidelines: “For the purposes of this Law, “Jew” means a person who was born of a Jewish mother or has converted to Judaism and is not a member of another religion.”

What is to stop a buddist or muslim etc from saying that they have converted to Judaism and then request nationality?

Conversion to Judaism should be proven (the converting Rabbi will provide a certificate). Certainly if Israel (through the Ministry of Interior) recognizes conversions made by a certain Rabbi or under the aegis of a certain organization, then any convert through that agency is considered Jewish for all intents and purposes and is eligible for Israeli citizenship under the Law of Return. But there will be a background check made to be sure that the Converting Agency (and the conversion itself) is not a sham.

And AFAIK there are other parallels in the world – I believe, for instance, that Brazilians are automatically entitled to Portugese citizenship? (can anyone confirm or deny this?)

[Princhester]

@Noone Special

It’s actually a lot like getting Naturalized in the US. If you’re Jewish then there’s an exemption

Mmmm. So sort of a lot like the US except for being completely different?

It’s “Affirmative Action” (for Jews) rather than discrimination.

Name another state that has affirmative action in favour of those who belong to a majority religion in that state?

[Puzzler]

@Princhester

Name another state that has affirmative action in favour of those who belong to a majority religion in that state?

There are many countries with affirmative action. True, most of them are not religion-based. But non of them was founded as a Jewish (or any other religion for that matter) state. The Law of Return simply ensures that Israel continues to be a safe place for any Jew, everywhere.

The question you may ask yourself is how come it was us Jews who got a state of our own, rather than fitting into other places. I will leave that question for the students …

[Little_Nemo]

Name another state that has affirmative action in favour of those who belong to a majority religion in that state?

Are you joking? Check into the legal rights of non-Muslims in Saudi Arabia.