Who Belongs?Who Belongs? Citizenship and Democracy in the Jewish Citizenship and Democracy in the Jewish

StateState

QuestionsQuestions

What is the political, cultural, and legal character of What is the political, cultural, and legal character of the state of Israel? the state of Israel?

Can a state be “Jewish” and “democratic” at the Can a state be “Jewish” and “democratic” at the same time?same time?

Can non-Jews have equal rights and status in a Can non-Jews have equal rights and status in a “Jewish State”?“Jewish State”?

19481948

A “Frontier A “Frontier Conflict”Conflict”

How to reconcile How to reconcile Jewish sovereignty over Jewish sovereignty over the territory of Israel with the territory of Israel with non-Jewish non-Jewish landownership? landownership?

A Conflict over A Conflict over Control of Control of LandLand

Resolving the Frontier ConflictResolving the Frontier ConflictThe Role of Law in Forging an Israeli The Role of Law in Forging an Israeli

LandscapeLandscape

Phase 1: Phase 1: Creation of Absentee Property Creation of Absentee Property (1950)(1950)

Phase 2: Phase 2: Development Authority Law Development Authority Law (1951)(1951)

Phase 3: Phase 3: Land Acquisition Law Land Acquisition Law (1953)(1953)

Phase 4: Phase 4: Israel Lands Law Israel Lands Law (1960)(1960)

Outcomes of Creating ‘Israel Outcomes of Creating ‘Israel Lands’Lands’

1)1) Transformed Dispossession into LawTransformed Dispossession into Law

2)2) Created a new spatial and Created a new spatial and demographic mapdemographic map

3)3) Severed connections between Severed connections between Palestinians and their landPalestinians and their land

4)4) Posed question of right of returnPosed question of right of return

LiftaLifta

YuvalimYuvalim

From Land to PeopleFrom Land to PeopleThe Frontier Conflict and the Question of The Frontier Conflict and the Question of

Citizenship Citizenship

How to assign and allocate rights?

1992 / 1994 Basic Laws of Israel 1992 / 1994 Basic Laws of Israel

The purpose of this Basic Law is to protect The purpose of this Basic Law is to protect human dignity and liberty, human dignity and liberty, in order to establish in order to establish the values of the State of Israel as a Jewish and the values of the State of Israel as a Jewish and democratic statedemocratic state."."

Basic Law: Human Dignity and Liberty (1992)Basic Law: Human Dignity and Liberty (1992)

The purpose of this Basic Law is to protect The purpose of this Basic Law is to protect freedom of occupation, freedom of occupation, in order to establish the in order to establish the values of the State of Israel as a Jewish and values of the State of Israel as a Jewish and democratic statedemocratic state."."

Basic Law: Freedom of Occupation (1994)Basic Law: Freedom of Occupation (1994)

Jewish and DemocraticJewish and DemocraticThree Interpretations Three Interpretations

1) Jewish and Democratic“Our existence as a Jewish and democratic state, with non-Our existence as a Jewish and democratic state, with non-

Jewish minorities who deserve full equality, reflects our Jewish minorities who deserve full equality, reflects our basic principles and values.” basic principles and values.”

2)2) Ethnic DemocracyEthnic DemocracyIsrael has an overall democratic framework but there persist Israel has an overall democratic framework but there persist

inequalities between Palestinians and Jews.inequalities between Palestinians and Jews.

3) Ethnocratic StateDemocracy is a façade behind which stands an

institutionalized system of undemocratic inequality.

QuestionsQuestions

What is the political, cultural, and legal character of the What is the political, cultural, and legal character of the state of Israel? state of Israel?

Can a state be “Jewish” and “democratic” at the same time?Can a state be “Jewish” and “democratic” at the same time?

Can non-Jews have equal rights and status in a “Jewish Can non-Jews have equal rights and status in a “Jewish State”?State”?

Does discrimination and inequality mean that the society is Does discrimination and inequality mean that the society is undemocratic?undemocratic?

Law of Return Law of Return (1950)(1950)

““Every Jew has the right to come to Every Jew has the right to come to Israel as an Israel as an oleholeh [immigrant making [immigrant making aliyah].”aliyah].”

Two Contrasting Two Contrasting LandscapesLandscapes

Olive-Anchored Village Landscape Olive-Anchored Village Landscape (Husan)(Husan)

Conifer-Anchored Jewish LandscapeConifer-Anchored Jewish Landscape (Yuvalim)(Yuvalim)

Jewish National Fund – Land Jewish National Fund – Land RedemptionRedemption

Planting SettlementsPlanting Settlements

Planting TreesPlanting Trees

Forests as Tombs – Birya Forests as Tombs – Birya ForestForest

Treescape Enclosure --SakhninTreescape Enclosure --Sakhnin

Menachem Ussishkin / Renaming Menachem Ussishkin / Renaming LandLand

• ““The historical Hebrew names of places in Eretz Israel are the most reliable testimony that these places have been our patrimony from time immemorial… If the JNF Naming Committee is convinced that a new Jewish settlement is located near a place… where there was a Jewish settlement during one of the periods when the nation of Israel dwelt in Eretz Israel, the committee shall assign to the new or restored settlement the historical Hebrew name.”

Menachem Menachem UssishkinUssishkin

(1948)(1948)

Settlement of Mevo HoronSettlement of Mevo Horon

Treescape Enclosure --SakhninTreescape Enclosure --Sakhnin

Change in Land Ownership 1918-Change in Land Ownership 1918-19601960((white = Jewish owned land; gray = Palestinian owned)white = Jewish owned land; gray = Palestinian owned)

Alexandar Alexandar Kedar, Kedar, Challenging Challenging the Israeli the Israeli Land Land Regime.Regime.http://http://www.seamlewww.seamless-israel.org/ss-israel.org/images/images/onlineonline%20magazin%20magazine/Israelie/Israeli%20Land%20Land%20Regime.%20Regime.htmlhtml

ApartheidApartheid

Defined by the 1973 UN Convention on Defined by the 1973 UN Convention on the Crime of Apartheid as actsthe Crime of Apartheid as acts

““maintaining domination by one racial maintaining domination by one racial group of persons over any other racial group of persons over any other racial group of personsgroup of persons……designed to divide designed to divide the population…by the creation of the population…by the creation of separate reserves and ghettoes for separate reserves and ghettoes for members of racial groups…or the members of racial groups…or the expropriation of landed property.expropriation of landed property.

Articles 1 &2, Articles 1 &2, http://www.anc.org.za/un/uncrime.htmhttp://www.anc.org.za/un/uncrime.htm

Phases of Colonization Phases of Colonization (Yiftachel)(Yiftachel)

1) 1896-1947 (Early Settlement)1) 1896-1947 (Early Settlement) 2) 1947-1949 (Creation of Israel)2) 1947-1949 (Creation of Israel) 3) 1949-1967 (Internal 3) 1949-1967 (Internal

Colonization)Colonization) 4) 1967-1993 (External 4) 1967-1993 (External

Colonization)Colonization) 5) 1993-Present (Consolidation)5) 1993-Present (Consolidation)