Constitutional Committee 10 December 2006

Yesterday, the Knesset's Committee on Constitution, Law, and Justice met for the second time under the leadership of Menachem Ben-Sasson. This meeting concentrated on the issue of the interests and considerations of Israel's Arab citizens.

Present: Menachem Ben-Sasson (Chair-Kadima), Colette Avital (Labor), Haim Oron (Meretz), Aryeh Eldad (National Unity - NRP), Moshe Gafney (Torah Judaism), Amira Dotan (Kadima), Matan Vilnai (Labor), Nissim Zeev (Shas), Avraham Michaeli (Shas), Avraham Ravitz (Torah Judaism), Reuven Rivlin (Likud), and Otniel Schneller (Kadima).

The legal consultant described a proposed clause that explicitly mentioned that the group rights of minorities, especially the Arab minority, would be recognized. This, of course, is highly problematic. Firstly, from an civil rights perspective, such a clause is completely unnecessary. There will certainly be clauses protecting the individual rights of every Israeli citizen, regardless of sex, race, religion, or ethnicity, and this should be the last word on civil rights. The proposed clause is highly problematic because it explicitly and implicitly sanctions differential treatment of members of minority groups.

Explicitly acknowledging the rights of an Arab minority, as a community and not only as individual citizens, can be interpreted as a license for the Arab community to have a different legal code than non-Arabs. Indeed, this concept surfaced later in the session.

Elyakim Rubenstein, of the Herzliya Interdisciplinary Center presented his views that the constitution will honor the rights of the Arab minority.

A scholar on Arab Affairs, Michael Kariani, was invited to address the committee. He stated that he would speak from his own personal perspective. Kariani began by quoting the recently released Iraq Study Group report commissioned by President George W. Bush. The group, led by former Secretary of State James Baker III, whose anti-Israel biases are widely acknowledged, declared that the Arab-Israeli conflict is inextricably linked to Iraq and, by implication, to every other issue of instability in the Middle East. Bush has distanced himself from that and other highly problematic conclusions of the report. That Kariani would raise the report, as an introduction to his comment on the constitution, is a clear indication of the rhetorical ammunition he plans to use and to what purpose. Labeling the Arab-Israeli conflict the central cause of instability in the Middle East has been the excuse of dictators and anti-Semitic terror apologists for decades.

The meat of Kariani's address was a basic opposition to a constitution, especially one that declared Israel a Jewish and democratic state, unless there were clear safeguards and benefits for the Arab community. He called for continuing dialogue between the two communities. The clear message was that Israeli Arabs who feel like Kariani would continue and amplify their efforts to secure a special status as a "nation within a nation." The best we will be able to hope for is not a single heterogeneous, integrated Jewish/Muslim/Christian public, but a dual-national, sectarian arrangement.

Next up was Yisrael Harel, of the Institute for Zionist Strategy. Harel stressed the need to attain a "constitution of consensus" while a consensus exists. Harel doesn't realize that a consensus does not exist and will never exist; that the only hope for a constitution, and for a continued Zionist viability, is an appeal to a wide popular majority. Only by allowing a popular Zionist majority to form will Harel be able to help the country's political system withstand the challenges from both the narrow interests and the Arab, anti-Zionist minority.

Prof. Eli Reches, an Arab-affairs expert from Tel Aviv University, provided further perspective from the Arab community. Among his observations and conclusions:

• Israeli Arabs are increasingly becoming involved with the Palestinian national movement.
• Israeli Arabs don't see themselves as part of a national solution.
• An amalgamation of all Arab subgroups.
• A separation of Israel's democratic and Jewish characteristics in the eyes of Israeli Arabs.
• An increased activation of Naqbah rhetoric.
• Israeli Arab view of Israel as a continuation of European colonialism.

In short, according to Reches, the Israeli Arab community is increasingly falling into lockstep with the PLO narrative that invalidates and delegitimizes Israel's sovereignty. Again, this underscores the need for Israel's political system to enable a popular majority to form. This will not happen under the current proportional system, that effectively prevents the formation of a popular political majority.

The big surprise of the meeting was the pronouncement of Torah Judaism's Moshe Gafney. Gafney stated that his Haredi faction would welcome a constitution because it is the only way to stop the Supreme Court from legislating from the bench, almost always with a pronounced bias in favor of Arab and extreme left positions and against traditional, Orthodox Jewish religious positions. Gafney also qualified his support of a constitution with the caveat that it would have to be "thick" enough to ensure Haredi interests, i.e., the Haredi veto. This, of course, would be disastrous in that it would alienate most of mainstream Israel, in addition to being ethically unsound.

More than ever, I'm convinced that Israel faces systemic political challenges that could make it impossible for it to face its physical existential threats. Israel's lack of a popular majority weakens its posture in the face of an increasingly antagonistic Arab minority. Furthermore, the willingness of Israel's political elite (Meretz, Labor, Kadima) to officially accommodate Arab nationalism is tantamount to Zionist suicide.