Akiva Eldar, the veteran Israeli journalist and best-selling author, has written an article for Al-Monitor, "Israel at 71, more religious, messianic and extreme." On Israeli Independence Day, May 8-9, Mr. Eldar reminds Israelis and others of the Declaration of Independence. He compares the language in the declaration with that in the newest Basic Law, the Nationality Law or the Nation-state Law, passed last year. The language in the declaration is liberal, inclusive and democratic, with only a hint of Jewish ascendency in the new state. This is a world apart from the language in the 2018 basic law, which is exclusive, supremacist and illiberal. It shamelessly informs the world and the Israeli non-Jewish citizens that only Jewish Israeli are the true citizens, rest of the Israelis should not expect equality. Mr. Eldar writes:
What will a civics teacher answer a student who asks how the values of justice promised in the Declaration of Independence to all citizens — irrespective of religion, race and sex — square with a law stipulating “the right to exercise national self-determination in the State of Israel is unique to the Jewish people”? What will the teacher tell a student who asks how the promise of equality and the call to Israel’s Arabs to fulfill their role in state-building based on full and equal citizenship go hand-in-hand with a law stipulating “the State views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation”?
These questions relate, of course, to the Nationality Law, anchoring the Jewish nature of the State of Israel, adopted in 2018 by the previous Knesset and received by the incoming Knesset as a fait accompli. The alienation of Israel’s 21% Arab minority that is inherent in the legislation gives off a stench of nationalism, if not outright racism, and contradicts the spirit of the Declaration of Independence. The clause on self-determination, while hurtful to the feelings of Israel’s non-Jewish citizens and undermining their affinity for the state, does not have practical meaning. On the other hand, the clause stipulating that the state will only develop Jewish settlement constitutes a direct blow to the property rights of millions of Palestinians and undermines their affinity for the land of their forefathers. The previous Knesset translated this clause into action when it legislated the so-called Regularization Law, which retroactively legalized all buildings erected in West Bank settlements in contravention of the law.President Rivlin, Prime Minister Netanyahu, and Supreme Court president Esther Hayut on Israel’s 71st Independence Day, on May 9, 2019
Source: The Times of Israel
Mr. Eldar then compares the views of Mr. Herzl, the father of modern Zionism, with present-day Israel. While Mr. Herzl was against any role of rabbis in the state affairs, the current government depends on clerics for its existence (as almost all Israeli governments of the past decade) and, therefore, no important policy question can be decided without their approval:
The Declaration of Independence extols the visionary of the modern-day Jewish state, Theodor Herzl, who declared the right of the Jewish people to national revival in their land. Herzl also envisioned that clerics would seek to control institutions of the Jewish state. In his road map “The Jewish State,” Herzl wrote, “We shall therefore prevent any theocratic tendencies from coming to the fore on the part of our priesthood. We shall keep our priests within the confines of their temples in the same way as we shall keep our professional army within the confines of their barracks. Army and priesthood shall receive honors as high as their valuable functions deserve. But they must not interfere in the administration of the state which confers distinction on them, else they will conjure up difficulties without and within.”
Israel’s next government will depend more than ever on ultra-Orthodox clerics, among them eight members of Yahadut HaTorah and eight of the Shas Party, as well as an identical number of national religious lawmakers who will all serve in the newly sworn-in 21st Knesset. As Shuki Friedman, director of the Center for Religion, Nation and State at the Israel Democracy Institute notes, religion dictates all facets of life in Israel of 2019. It controls how we shall be schooled and how we will marry; whether we will have public transportation on the Sabbath (usually not) and how we will spend our day of rest; what level of Kosher certification we consume; and will we be stuck in endless traffic because road and rail works cannot be carried out on the Sabbath, only during the work week. For the ultra-Orthodox parties, Jewish law is above state law. They are against the drafting of young ultra-Orthodox to the army, they discriminate against women and they incite against the progressive Judaism stream. All that, in complete contrast to the commitment made by the founders of Israel (in the Declaration of Independence) on equal rights to all citizens; religion, race or gender making no difference.
The article brilliantly details the differences between the 1948 and 2019 Israel but most of these differences existed only on paper. The declaration neither stopped the Nabka from happening, nor it could save the Israeli Arabs from the 70-year discrimination and the Palestinians from occupation. Since its independence in 1948, the Israeli state has never treated Israeli Arabs or Palestinians fairly, irrespective of what was written in the Declaration of Independence. The only difference between the 1948 Israel and 2019 Israel is that the mask is now off.
