Israel's attempt to legislate loyalty to the Jewish state is proof of the failure of the Zionist/colonial project of Israelification, writes Azmi Bishara
What is behind the latest wave of legislative proposals flooding the Knesset agenda? I refer specifically to those intended to curb manifestations of Palestinian patriotism and to restrict the political activity of Arab Israelis.
The aim of these laws is to impose the Israeli nationalist creed by coercion. It's really that simple. Over the last decade, the Knesset has experienced several bursts of legislative activity seeking to restrict freedom of opinion and expression on the questions of the Jewishness of the state and the right to resist occupation. The advocates of these laws are indefatigable. If the proposals fail to pass through any of the necessary stages, they are resubmitted over and over again in the hope of wearing out their opponents.
Is Israel really heading towards fascism? Is its vaunted democracy on the wane? Or, I suppose, we could rephrase these questions as follows: Was Israel more democratic at some point of time than it is today and are liberal civic rights in that country being beaten back after having thrived at that particular point of time? What exactly is going on?
I would say that two developments are unfolding in tandem. On the one hand, Israel is experiencing a deepening of and expansion in the concept and exercise of liberal political and economic civil rights (for Jewish citizens). At the same time, there is an upsurge in ultranationalist and right-wing religious extremism accompanied by flagrant manifestations of anti-Arab racism. As a consequence, the Jewish citizen endowed with fuller civil rights (than those that had existed in earlier phases when Zionist society was organised along the lines of a militarised quasi- socialist settler drive) is simultaneously an individual who is more exposed to and influenced by right-wing anti-Arab invective.
The contention that Israel had at one point been more democratic and is now sliding into fascism is fallacious. It brings to mind our protest demonstrations in the 1970s and the earnest zeal with which we chanted, "Fascism will not survive!" Our slogans were inspired by the Spanish left before the civil war in Spain and by the Italian left in the 1930s. But, in fact, the context was entirely different. Israel was the product of a colonialist settler drive that came, settled and survived. Fascism is a very specific form of rule, one that does not necessarily have to exist in a militarised settler society that founded itself on top of the ruins of an indigenous people. Indeed, that society organised itself along pluralistic democratic lines and it was unified on a set of fundamental principles and values as a basis for societal consensus. As militarist values figured prime among them, there was no need for a fascist coup to impose them. Even Sharon, who, from the perspective of the Israeli left, seemed poised to lead a fascist coup was one of the most ardent advocates of women's rights during his rule. He also proved one of the more determined proponents of implementing the rulings of the Israeli Supreme Court, which is a relatively liberal body in the context of the Zionist political spectrum and within the constraints of Zionist conceptual premises. Israel has grown neither more nor less democratic. The scope of civil rights has expanded, as has the tide of right-wing racism against the Arabs.
Among the Arabs in Israel there have also been two tandem developments. The first is an increasing awareness of the rights of citizenship and civil liberties after a long period of living in fear of military rule and the Israeli security agencies, and in isolation from the Arab world. That period was also characterised by attempts to prove their loyalty to the state by dedicating themselves to the service of the daily struggle for material survival and progress in routine civic affairs. At the same time, however, the forces of increasing levels of education, the growth of a middle class, the progress of the Palestinian national movement abroad, the advances in communications technologies, the broadening organisational bonds among the Palestinians in Israel, and the cultural and commercial exchanges between them and the West Bank and Gaza combined to give impetus to a growing national awareness.
The Arab Israelis' growing awareness of rights has paved the way for an assimilation drive to demand equality in Israel as a Jewish state. Such a demand is inherently unrealisable, as it would inevitably entail forsaking Palestinian national identity without obtaining true equality. Instead of assimilation there would only be further marginalisation. However, this danger still looms; there are Arab political circles in Israel that are convinced that this is the way forward. At the same time, there is the danger that truly nationalist forces could lose their connection with the realities of Palestinians' civil life, by stressing their national identity exclusively with no reference to their citizenship or civil rights, or the conditions of their lives. This tendency threatens to isolate the nationalist movement from its grassroots, and this danger, too, persists although to a lesser extent.
The flurry of loyalty bills and the like reflects another phenomenon that has taken root among Arabs in Israel and that the Israeli establishment regards as a looming peril. This peril, from the Israeli perspective, is twofold. Not only can Palestinians exercise their civil rights in order to fight for equality, they can also take advantage of their civil rights in order to express and raise awareness of their national identity by, for example, commemorating the Nakba and establishing closer contact with the Arab world. Commemorating the Nakba -- the anniversary of the creation of the state of Israel and the consequent displacement and dispossession of hundreds of thousands of Palestinians -- is a relatively new practice for Arabs inside Israel, dating only to the mid-1990s. Before this -- until at least the end of the 1970s, before the spread of national awareness gained impetus among Arabs inside Israel -- many of them participated in the celebrations of Israel's independence day and offered their congratulations to Israelis on the occasion. There were no laws against commemorating Nakba Day, not because Israel was more democratic but merely because there was no need for such laws in the eyes of the Israeli establishment, since the Arabs were not commemorating it anyway. In fact, open demonstrations of disloyalty to the state as a Zionist entity were very rare.
But since that time, change did not affect Israel alone. The political culture of broad swathes of Arabs inside that country shifted towards more open expressions of their national identity. To them, there is no contradiction between this and the exercise of their civil rights. Indeed, they felt it their natural right to use the civil liberties with which they are endowed by virtue of their citizenship to engage in forms of political expression that the Israeli establishment regards as contradictory to its concept of citizenship. Naturally, the clash became more pronounced with the growing stridency of right-wing Zionist racism.
The citizenship of Arabs inside Israel has a distinct quality that I have been attempting to underscore for years. Theirs does not stem from ideological conviction or the exercise of the Zionist law of return. Nor is their situation similar to migrant labour or minorities who have chosen to immigrate to the country and who accommodate to the status quo, as is the case with immigrant communities in the US or France, for example. Their citizenship stems from the reality of their having remained in the country after it was occupied. They are the indigenous people. It is not their duty to assimilate to the Zionist character of the state and the attempt to transform them into patriotic Israelis is an attempt to falsify history, to distort their cultural persona and fragment their moral cohesion. A Palestinian Arab who regards himself as an Israeli patriot is nought. He is someone who has accepted to be something less than a citizen and less than a Palestinian and who simultaneously identifies with those who have occupied Palestinian lands and repressed and expelled his people.
It is impossible, here, to examine all facets of the phenomenon, but we should also touch upon a third trend, which is the growing degree of showmanship, sensationalism and catering to the forces of popular demand on the part of Knesset members. This trend is to be found in all parliamentary systems since television cameras made their way into parliamentary chambers. Parliament has become a theatre and a large proportion of MPs have become comedians or soap opera stars, depending on their particular gifts and/or circumstances. However, when the favourite drama or comedy theme is incitement against the Arabs, this can only signify that anti-Arab prejudices, fear mongering, abuse and intimidation are spreading like wildfire. This is the very dangerous and not at all funny part about the parliamentary circus. And it's going to get grimmer yet for Arabs in Israel.
In the Obama era, following the failure of Bush's policies, the Israeli government will be directing the venom of its right-wing racist coalition against East Jerusalem and Israeli Arabs. After all, it will be easier to focus on domestic matters, such as emphasis on the Jewishness of the state, than on settlements in the occupied territories. Some of the proposed loyalty laws, such as that which would sentence to prison anyone who does not agree to the Jewishness of the state, will have a tough time making it through the legislative process. However, merely by submitting the proposal, the racist MK will have killed two birds with one stone: he will have made a dramatic appearance before the cameras so that his constituents will remember his name come next elections, and he will have stoked the fires of anti-Arab hatred. Other laws may stand a better chance. The proposal to ban the commemoration of Nakba Day could pass like the law prohibiting the raising of the Palestinian flag, or it could fail because even on the right there are those who object to such a ban. It is also doubtful that this country could promulgate a law compelling people to swear an oath of allegiance, because the intended targets are not immigrants but citizens by birth. It would require quite a feat of constitutional re-engineering in order to render citizenship acquired by birth subject to a loyalty oath at some later phase in a person's life.
Naturally, no state, however totalitarian it may be, can impose love and loyalty for it by force, let alone a colonialist state that would like to force this on the indigenous inhabitants it had reduced to a minority on their own land. Certainly it would be much easier for Israel to prohibit manifestations of disloyalty than to legislate for forced manifestations of loyalty.
For many years I've been advocating a Palestinian interpretation of citizenship in Israel that Israel continues to reject, with consequences to myself that readers may well be aware of. According to this interpretation, the Palestinian Israeli effectively tells the ruling authorities, "My loyalty does not go beyond the bounds of being a law abiding citizen who pays his taxes and the like. As for my keeping in touch with Palestinian history and with the Arab world in matters that should be inter-Arab, such things should not have to pass via you or require your approval." Such talk was previously unheard of in Israel and it came as quite a shock to the ears of interlocutors used to liberal-sounding references to "our Arab citizens" who serve as "a bridge of peace" and proof of "the power of Israeli democracy". Rejecting such condescension, the new type of Palestinian says, "My Palestinianness existed before your state was created on top of the ruins of my people. Citizenship is a compromise I have accepted in order to be able to go on living here in my land. It is not a favour that you bestow on me with strings attached."
Apparently, more and more Arab citizens have come around to this attitude, to the extent that Israel has begun to realise that the material exigencies of life or gradual acclimatisation to Israeli ways and political realities will not be able to stop the trend. It has come to believe that only new laws will bring a halt to what it regards as dangerous manifestations of disloyalty. Such laws will be inherently oppressive but they will simultaneously pronounce the failure of Israelification.
Author's note: In his defence of the need for a law to punish with imprisonment those who refuse to recognise Israel as a Jewish state, MK Zevelun Orlev cited the "case of Azmi Bishara". According to this right-wing lawmaker, "this case" began when Bishara refused to recognise the state verbally, after which he proceeded to visit "the countries of the enemy" without permission and to "abet the enemy" in time of war. Naturally, the accusations are groundless. Azmi Bishara did indeed visit Arab countries, openly and without permission, because he refuses to subordinate the relationship between himself, as an Arab, and the Arab world to Israeli authority. However, as an opposition Arab Knesset member, Bishara had no information to hand to an "enemy" or anyone else for that matter. Meanwhile, his ideas on politics and other matters are in the public domain, having been published and discussed in Israel and elsewhere. The allegation of abetting the enemy in time of war was merely a cover-up for a political witch-hunt. Its leaders are now trying to create legislation so they do not have to concoct security excuses in the future in order to suppress the advocates of opinions such as those Bishara expresses.
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