Beiträge mit tag "Israel

Boycotts are a great Jewish tradition

The anti-boycott law is a deviation from the ancient Jewish tradition; only an ignoramus when it comes to Torah could be caught in such an heretical act.
By Yossi Sarid, in Haaretz

And more about the Boycott Law, which was passed this week by irresponsible people, while the frightened captain hid in the belly of the ship. The 18th Knesset will become infamous as for being light-headed but causing heavy damage, which is probably irreparable.

It seems everything possible has already been said about this law: That it’s anti-democratic and anti-constitutional, and exposes Israel to public disgrace. But nobody has said that it’s a deviation from the ancient Jewish tradition, from a rich national culture. Only someone lacking in Jewish awareness, an ignoramus when it comes to Torah, could be caught in such an heretical act.

What is the value of purification and cleansing on Yom Kippur eve, in the Kol Nidrei prayer, without the boycotts of the preceding year and those to be decreed in the coming year? And how can we be released after the fact from all the vows, obligations, oaths or anathemas, if we didn’t impose them in the first place? The new law obviates the purpose of the prayer.

After all, it’s well known that every good Jew needs at least two synagogues, one to pray in and one to boycott: He will not set foot in it under threat of death, nor cross its threshold. A congregation that does not have a few ostracized people or institutions cannot be considered a holy and mentally sound congregation; and a boycott on Shabbat is a pleasure. It’s not clear that boycotting and ostracism are a Jewish invention, but there’s no question that Jews are among its outstanding developers. Some kind of demon suddenly entered this coalition, which is inciting it to deeds that are not part of Jewish nature – for that alone they deserve to be boycotted.

I would expect the minister of education – another deserter from the Knesset plenum – who nurtures heritage and Israeli culture studies, to enlighten his culturally disadvantaged colleagues: What do you have to do with this legislation – as though you were “post-Jews” – that ignores the boycott that was imposed on Akavia Ben Mahalel; that rejects Shimon Ben Shetach, who wanted to boycott Honi the Circle-Maker; that hardens itself against Rabbi Gershom – the “Light of the Diaspora” – whom we would probably not remember were it
not for his boycott.

And where are those guys Baruch Spinoza and Uriel D’Acosta, whose names are familiar to the initiators of the law only due to the boycott imposed on them by the rabbis of Holland, and not necessarily due to their philosophical teachings? And how will we learn and be taught about historical boycotts of Hasidim against Mitnagdim, and mainly Mitnagdim against Hasidim? And about the Orthodox world that observes negiah (prohibition against physical contact between unmarried men and women ), and has been excommunicating the Reform movement for over 200 years.

How goodly are your boycotts, O Jacob, your ostracized ones, O Israel, only some of which we have enumerated, and why interrupt a magnificent historical chain? But the minister of education is silent, finding refuge in the den of the patriarchs. The law is not only anti-Jewish, it is anti-Zionist. The path of the nascent state was paved with boycotts: Boazim (Jewish farmers ) boycotting halutzim (pioneers ) and vice versa; protectors of Israeli produce boycotting Arab labor; Ze’ev Jabotinsky boycotting the Zionist Histadrut labor federation, and David Ben-Gurion paying him back.

If only the disciples of Jabotinsky had learned how to break – yes, to break – and not only how to boycott. But as post-Zionists, they knew only how to climb the iron wall. And eventually, after independence, Ben-Gurion removed Herut (the forerunner of Likud ) and Maki (the Israel Communist Party ) from the Israeli community and buried them outside the fence. They were great men, the founding fathers, with great boycotts and great dreams; their successors are grasshoppers, for whom even a small boycott is too big.

Faithful to tradition, let us boycott settlements and their products, and even call on others to follow in our footsteps. And we won’t be counted among post-Jews and Zionists, the new Hellenists, Zeev Elkin and his partners. And the more they legislate for us, the more we will violate unacceptable laws. Because there is no longer a choice: If we don’t want to swallow them, then we can only vomit them out.

Dozens of Israeli law professors protest ‘unconstitutional’ boycott law

32 academics sign petition aimed at Attorney General Yehuda Weinstein; Netanyahu maintains that he ‘approved the law’ and is ‘against boycotts’ aimed at Israel.
By Tomer Zarchin and Jonathan Lis, in Haaretz

The Boycott Law was the product of a democratic process in a democratic state, and it doesn’t mar Israel’s image in the least, Prime Minister Benjamin Netanyahu told the Knesset on Wednesday in his first public statements about the controversial law that passed Monday.

Answer the Haaretz.com poll on the boycott law on our Facebook page

“What mars its image are the reckless, irresponsible attacks against the legitimate attempt by a democracy on the defensive to draw a line between what is acceptable and what isn’t acceptable,” he said.

He added that although he was absent from the vote, he nevertheless supported the legislation. “I don’t want anyone to be confused. I approved the law,” he said. “If I hadn’t backed it, it wouldn’t have passed. I am against boycotts aimed at the Jewish state.”

Meanwhile, 32 law professors at university faculties and colleges all over the country have signed a petition aimed at Attorney General Yehuda Weinstein, in which they categorically state that the Boycott Law is unconstitutional and does grievous harm to the freedom of political expression and freedom of protest.

Among the signatories are Prof. Niva Elkin-Koren, dean of the law faculty at the University of Haifa; and Prof. Moshe Cohen-Eliya, dean of the law school at the Ramat Gan Academic Center.

Also signed on are several former law school deans: Hanoch Dagan, Ariel Porat and Menachem Mautner (former deans of the Tel Aviv University Law School ); Uriel Procaccia (former dean of the Hebrew University Law School ) and Eli Salzberger (former dean at the University of Haifa ).

Signatures will be sought until the end of the week, according to Prof. Alon Harel of the Hebrew University and Prof. Frances Raday of the College of Management, who initiated the petition. Everyone asked to sign was given a copy of the law. Harel said that although many PhD candidates in law had asked to be included in the petition, it was decided not to seek their signatures lest their signing be held against them when they are considered for university positions.

The law, Harel said, is a classic expression of what political theory calls the “tyranny of the majority,” when political entities exploit the fact that they represent the majority to silence and at times even persecute the minority.”

“From a legal perspective, we’re talking about restrictions on political expression, when the restrictions are not neutral with regard to worldview, but are aimed at promoting one viewpoint and subjugating another, a clear expression of the tyranny of the majority,” Harel said.

Leading legal minds must try to scuttle unacceptable legislative initiatives like the Boycott Law, he said. “Under the current circumstances, when the political system is acting against the legal system and the legal principles that developed during the 1990s, the task of a lawyer in government service is to block implementation of initiatives of this type,” Harel said. Raday said that the Boycott Law is particularly dangerous because it restricts freedom of expression regarding one of the deepest conflicts in Israeli politics − the future of the territories and the settlements.

“Personally I don’t support boycotts of any sort,” she said. “But I think that the part of the Jewish people that is concerned about the policy toward the territories should be permitted to express its opinion, even if it’s by boycotting products.” In his Knesset address, Netanyahu excoriated the Kadima party, five of whose members, including faction chairman MK Dalia Itzik, had been among the sponsors of the law in its original form, which was much more severe than the version eventually passed.
The five Kadima MKs had dropped their sponsorship after it was decided not to make the law’s violation a criminal offense but to impose civil penalties instead.

Kadima Chairwoman Tzipi Livni, who spoke after Netanyahu, argued that the MKs had withdrawn their support because they realized how problematic the bill was. The plenum debate was particularly stormy, with MKs constantly heckling the speakers, and three of them were removed from the chamber. One of them, Hanin Zuabi (Balad ), struggled with the security personnel who removed her.

Foreign Minister Avigdor Lieberman yesterday started to pressure Netanyahu to impose coalition discipline on another controversial vote expected next week. The vote is on whether to establish parliamentary investigation committees to probe human rights groups. “If the coalition doesn’t impose discipline for the establishing of these committees, we will see this as a slap at Yisrael Beiteinu,” Lieberman said.

Netanyahu had declared several months ago that he would allow coalition MKs to vote their consciences, after it became clear that several ministers and MKs opposed setting up such committees. If there is no coalition discipline, chances that the measure will pass are small.

It Can Happen Here!

by Uri Avnery
July 16, 2011

YEARS AGO I said that there are but two miracles in Israel: the Hebrew language and democracy.

Hebrew had been a dead language for many generations, more or less like Latin, when it was still used in the Catholic church. Then, suddenly, concurrent with the emergence of Zionism (but independently) it sprang back to life. This never happened to any other language.

Theodor Herzl laughed at the idea that Jews in Palestine would speak Hebrew. He wanted us to speak German. “Are they going to ask for a railway ticket in Hebrew?” he scoffed.

Well, we now buy airline tickets in Hebrew. We read the Bible in its Hebrew original and enjoy it tremendously. As Abba Eban once said, if King David were to come to life in Jerusalem today, he could understand the language spoken in the street. Though with some difficulty, because our language gets corrupted, like most other languages.

Anyhow, the position of Hebrew is secure. Babies and Nobel Prize laureates speak it.

The fate of the other miracle is far less assured.

THE FUTURE – indeed, the present – of Israeli democracy is shrouded in doubt.

It is a miracle, because it did not grow slowly over generations, like Anglo-Saxon democracy. There was no democracy in the Jewish shtetl. Neither is there anything like it in Jewish religious tradition. But the Zionist Founding Fathers, mostly West and Central European Jews, aspired to the highest social ideals of their time.

I have always warned that our democracy has very shallow and tender roots, and needs our constant care. Where did the Jews who founded Israel, and who came here thereafter, grow up? Under the dictatorship of the British High Commissioner, the Russian Czar, the Dictatorship of the Proletariat, the king of Morocco, Pilsudsky’s Poland and similar regimes. Those of us who came from democratic countries like Weimar Germany or the US were a tiny minority.

Yet the founders of Israel succeeded in establishing a vibrant democracy that – at least until 1967 – was in no way inferior, and in some ways superior, to the British or American models. We were proud of it, and the world admired it. The appellation “the Only Democracy in the Middle East” was not a hollow propaganda slogan.

Some claim that with the occupation of the Palestinian territories, which have lived since 1967 under a harsh military regime without the slightest trace of democracy and human rights, this situation already came to an end. Whatever one thinks about that, in fact Israel in its pre-1967 borders maintained a reasonable record until recently. For the ordinary citizen, democracy was still a fact of life. Even Arab citizens enjoyed democratic rights far superior to anything in the Arab world.

This week, all this was put in doubt. Some say that this doubt has now been dispersed, and that a stark reality is being exposed.

CHARLES BOYCOTT, the agent of a British landowner in Ireland, could never have imagined that he would play a role in a country called Israel 130 years after his name had become a world-wide symbol.

Captain Boycott evicted Irish tenants, who defaulted on their rent because of desperate economic straits. The Irish reacted with a new weapon: no one would speak with him, work for him, buy from him. His name became synonymous with this kind of non-violent action.

The method itself was born even earlier. The list is long. Among others: in 1830 the “negroes” in the US declared a “boycott” of slave-produced products. The later Civil Rights movement started with a boycott of the Montgomery bus company that seated blacks and whites separately. During the American Revolution, the insurgents declared a boycott on British goods. So did Mahatma Gandhi in India.

American Jews boycotted the cars of the infamous anti-Semite Henry Ford. Jews in many countries took part in a boycott of German goods immediately after the Nazis came to power in 1933.

The Chinese boycotted Japan after the invasion of their country. The US boycotted the Olympic Games in Moscow. People of conscience all over the world boycotted the products and the athletes of Apartheid South Africa and helped to bring it to its knees.

All these campaigns used a basic democratic right: every person is entitled to refuse to buy from people he detests. Everyone can refuse to support with his money causes which contradict his innermost moral convictions.

It is this right that has been put to the test in Israel this week.

IN 1997, Gush Shalom declared a boycott of the products of the settlements in the occupied Palestinian territories. We believe that these settlements, which are being set up with the express purpose of preventing the establishment of a Palestinian state, are endangering the future of Israel.

The press conference, in which we announced this step, was not attended by a single Israeli journalist. But the boycott gathered momentum. Hundreds of thousands of Israelis do not buy settlement products. The European Union, which has a trade agreement that practically treats Israel as a member of the union, was induced to enforce the clause that excludes products of the settlements from these privileges.

There are now hundreds of factories in the settlements. They were literally compelled, or seduced, to go there, because the (stolen) land there is far cheaper than in Israel proper. They enjoy generous government subsidies and tax exemptions, and they can exploit Palestinian workers for ridiculous wages. The Palestinians have no other way of supporting their families than to toil for their oppressors.

Our boycott was designed, among other things, to counter these advantages. And indeed, several big enterprises have already given in and moved out, under pressure from foreign investors and buyers. Alarmed, the settlers instructed their lackeys in the Knesset to draft a law that would counter this boycott.

Last Monday, the “Boycott Law” was enacted, setting off an unprecedented storm in the country. Already Tuesday morning, Gush Shalom submitted to the Supreme Court a 22 page application to annul this law.

THE “BOYCOTT LAW” is a very clever piece of work. Obviously, it was not drafted by the parliamentary simpletons who introduced it, but by some very sophisticated legal minds, probably financed by the Casino barons and Evangelical crazies who support the extreme Right in Israel.

First of all, the law is disguised as a means to fight the de-legitimization of the State of Israel throughout the world. The law bans all calls for the boycott of the State of Israel, “including the areas under Israeli control”. Since there are not a dozen Israelis who call for the boycott of the state, it is clear that the real and sole purpose is to outlaw the boycott of the settlements.

In its initial draft, the law made this a criminal offense. That would have suited us fine: we were quite willing to go to prison for this cause. But the law, in its final form, imposes sanctions that are another thing.

According to the law, any settler who feels that he has been harmed by the boycott can demand unlimited compensation from any person or organization calling for the boycott – without having to prove any actual damage. This means that each of the 300,000 settlers can claim millions from every single peace activist associated with the call for boycott, thus destroying the peace movement altogether.

AS WE point out in our application to the Supreme Court, the law is clearly unconstitutional. True, Israel has no formal constitution, but several “basic laws” are considered by the Supreme Court to function effectively as such.

First, the law clearly contravenes the basic right to freedom of expression. A call for a boycott is a legitimate political action, much as a street demonstration, a manifesto or a mass petition.

Second, the law contravenes the principle of equality. The law does not apply to any other boycott that is now being implemented in Israel: from the religious boycott of stores that sell non-kosher meat (posters calling for this cover the walls of the religious quarters in Jerusalem and elsewhere), to the recent very successful call to boycott the producers of cottage cheese because of their high price. The call of right-wing groups to boycott artists who have not served in the army will be legal, the declaration by left-wing artists that they will not appear in the settlements will be illegal.

Since these and other provisions of the law clearly violate the Basic Laws, the Legal Advisor of the Knesset, in a highly unusual step, published his opinion that the law is unconstitutional and undermines “the core of democracy”. Even the supreme governmental legal authority, the “legal advisor of the government”, has published a statement saying that the law in “on the border” of unconstitutionality. Being mortally afraid of the settlers, he added that he will defend it in court nevertheless. The opportunity for this is not far off: the Supreme Court has given him 60 days to respond to our petition.

A SMALL group of minor parliamentarians is terrorizing the Knesset majority and can pass any law at all. The power of the settlers is immense, and moderate right-wing members are rightly afraid that, if they are not radical enough, they will not be re-elected by the Likud Central Council, which selects the candidates for the party list. This creates a dynamic of competition: who can appear the most radical.

No wonder that one anti-democratic law follows another: a law that practically bars Arab citizens from living in localities of less than 400 families. A law that takes away the pension rights of former Knesset members who do not show up for police investigations (like Azmi Bishara.) A law that abolishes the citizenship of people convicted of “assisting terrorism”. A law that obliges NGOs to disclose donations by foreign governmental institutions. A law that gives preference for civil service positions to people who have served in the army (thus automatically excluding almost all Arab citizens). A law that outlaws any commemoration of the 1948 Naqba (the expulsion of Arab inhabitants from areas conquered by Israel). An extension of the law that prohibits (almost exclusively) Arab citizens, who marry spouses from the Palestinian territories, to live with them in Israel.

Soon to be enacted is a bill that forbids NGOs to accept donations of more than 5000 dollars from abroad, a bill that will impose an income tax of 45% on any NGO that is not specifically exempted by the government, a bill to compel universities to sing the national anthem on every possible occasion, the appointment of a Parliamentary Commission of Inquiry to investigate the financial resources of left-wing [sic] organizations.

Looming over everything else is the explicit threat of right-wing factions to attack the hated “liberal” Supreme Court directly, shear it of its ability to overrule unconstitutional laws and control the appointment of the Supreme Court judges.

FIFTY-ONE YEARS ago, on the eve of the Eichmann trial, I wrote a book about Nazi Germany. In the last chapter, I asked: “Can It Happen Here?”

My answer still stands: yes, it can.

 

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