The Ramifications of Israel’s “Nation-State Bill”
What is the Nation-State Bill?
The bill, now law, adds to Israeli “Basic Law”, meaning it is part of the foundational legal acts that define Israel’s political system, since the country has no formal written constitution. The purpose of the law is to strengthen the Jewish character of the state of Israel and it includes a number of provisions regarding identity issues—state symbols, calendar, holidays, language, relations with the Jewish diaspora—as well as territorial matters. Its proponents argue the law closes the possibility of denying Israel’s Jewish character in an attempt to undermine the state’s right to exist.
Which parts of the law have aroused the greatest controversy?
Provisions guaranteeing the state of Israel’s right to self-determination exclusively to the Jewish population (§ 1.C.) is the greatest. The act weakens the rights of national minorities, including the Arab population, which comprises about 20% of all Israeli citizens. In addition, the law strips the status of official language from Arabic, demoting it to “special rank”. It also increases the state’s constitutional support for Jewish settlement, which strengthens the legal position of the Jewish population in territorial disputes with the Arab population. In addition to these provisions, others regarding the Diaspora point to the further strengthening of the dominant religious authorities in Israel—the orthodox branch of Judaism—over other Jewish religious movements.
How might the law influence political debate in Israel?
The opposition voted against the bill as did a few members from the ruling coalition who also objected. The new law aroused particularly sharp reactions among the Arab population of Israel. Its representatives in the Knesset described the law as racist and limiting the rights of Israel’s Arab citizens. The law may radicalise some among the Arab population, particularly among Bedouins. Particularly problematic for the Israeli government may be the opposition from the Druze community, an Arab ethno-religious group loyal to Israel. The significance of the new law will also depend on how it affects Supreme Court rulings on the constitutionality of laws and to what extent it will become the basis for political actions, such as the development of settlements in the West Bank.
What are the international implications?
The law will worsen the already bad image of Israel in the region. It was criticised by Israel’s traditional regional partners Jordan and Egypt and sharply attacked by Turkish President Recep Tayyip Erdoğan. In addition, it may hinder Israel’s normalisation of relations with states in the region that maintain covert cooperation with it1. The adoption of the law and its specific provisions will negatively affect the attempt to reactivate the Israeli-Palestinian peace process, which the U.S. administration aims to achieve. The EU has also expressed concern that the new law will hinder the adoption of the two-state solution. In addition, the law may exacerbate Israeli relations with the Jewish community in the U.S., whose liberal parts oppose increasing the influence of the Orthodox authorities in relations with the Diaspora.
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