Joel Was Right
Member
A couple of days ago..
Israel Bans Boycotts Against the State
http://www.nytimes.com/2011/07/12/world/middleeast/12israel.html?_r=1
Unsurprisingly, it hasn't gone down well.
Irrespective of what your opinions are of the Israeli state, this is interesting on its own to see how difficult it is to reconcile some tenets of democracy in a context where the state feels so threatened that certain freedoms can themselves harm the state. In that sense I can understand why they wouldn't want these boycotts, in a similar way they recognise the impact of the flotilla protest and I imagine are equally concerned by the Palestinians going to the UN in September to claim statehood. Not surprised by nursery development as well; I've never been a fan of children having to recite these things - kids in the US do similar.
Israel Bans Boycotts Against the State
JERUSALEM The Israeli Parliament on Monday passed contentious legislation that effectively bans any public call for a boycott against the state of Israel or its West Bank settlements, making such action a punishable offense.
Critics and civil rights groups denounced the new law as antidemocratic and a flagrant assault on the freedom of expression and protest. The laws defenders said it was a necessary tool in Israels fight against what they called its global delegitimization.
Passage of the law followed a string of efforts in the rightist-dominated Parliament to promote legislation that is seen by the more liberal Israelis as an erosion of democratic values.
Some critics argued passage of the legislation against boycotts would further delegitimize Israel, which is facing increasing pressure over West Bank settlements that Palestinians regard as part of the territory for a future state. Continued construction in the settlements has been a major impediment in attempts to resume stalled peace talks.
The bill passed by 47 votes to 38. It relates to calls for economic, cultural or academic boycotts of the state, its institutions or any area under its control, a reference to occupied territories.
Offenders could face lawsuits and monetary penalties. Companies or organizations supporting a boycott could be disqualified from participating in bids for government work. Nonprofit organizations issuing boycott calls risk losing tax benefits.
The so-called Boycott Bill was sponsored by Zeev Elkin of the Likud, the conservative party led by Prime Minister Benjamin Netanyahu. Mr. Netanyahu was absent from the vote, as was the defense minister, Ehud Barak, who leads a small centrist faction in the governing coalition.
In an opinion issued earlier on Monday, the legal adviser of the Parliament, Eyal Yinon, determined that elements of the bill bordered on unconstitutionality and struck at the core of political freedom of expression. However, Attorney General Yehuda Weinstein gave the bill his approval.
The speaker of the Parliament, Reuven Rivlin of the Likud, tried to introduce moderations in the bill, but they were rejected. Mr. Rivlin abstained from the vote.
The Association for Civil Rights in Israel and other human rights organizations said they were preparing to challenge the law in the High Court of Justice. The association described the law as an antidemocratic step, intended to create a chilling effect on civil society.
Ilan Gilon, a legislator from the leftist Meretz Party, said, I do not know of anything that creates more delegitimization of Israel abroad than these laws.
Hagai El-Ad, the executive director of the Association for Civil Rights in Israel, and other opponents of the law have pointed out that Israelis had recently launched their first successful consumer boycott, bringing down the price of cottage cheese. Why should Israeli citizens be allowed to boycott Israeli cottage cheese, as we have heard and seen in recent weeks, but be barred from boycotting the occupation? he said in a recent statement.
Last year, Israeli theater artists refused to perform at a new cultural center in the urban settlement of Ariel and in other West Bank settlements, causing a public uproar. They were followed by scores of leftist Israeli academics, writers and intellectuals who said that they would not lecture at the center or in any of the settlements.
A movement of Palestinians and foreign supporters has stepped up calls for boycott, divestment and sanctions against Israel. Their campaigns have led to a number of cancellations by international artists.
Mr. Elkin, the sponsor of the legislation, said that its principal importance was the fact that the calls to boycott the State of Israel increasingly have come from within our own midst, and that makes it hard to wage a battle against a boycott in the world.
Critics and civil rights groups denounced the new law as antidemocratic and a flagrant assault on the freedom of expression and protest. The laws defenders said it was a necessary tool in Israels fight against what they called its global delegitimization.
Passage of the law followed a string of efforts in the rightist-dominated Parliament to promote legislation that is seen by the more liberal Israelis as an erosion of democratic values.
Some critics argued passage of the legislation against boycotts would further delegitimize Israel, which is facing increasing pressure over West Bank settlements that Palestinians regard as part of the territory for a future state. Continued construction in the settlements has been a major impediment in attempts to resume stalled peace talks.
The bill passed by 47 votes to 38. It relates to calls for economic, cultural or academic boycotts of the state, its institutions or any area under its control, a reference to occupied territories.
Offenders could face lawsuits and monetary penalties. Companies or organizations supporting a boycott could be disqualified from participating in bids for government work. Nonprofit organizations issuing boycott calls risk losing tax benefits.
The so-called Boycott Bill was sponsored by Zeev Elkin of the Likud, the conservative party led by Prime Minister Benjamin Netanyahu. Mr. Netanyahu was absent from the vote, as was the defense minister, Ehud Barak, who leads a small centrist faction in the governing coalition.
In an opinion issued earlier on Monday, the legal adviser of the Parliament, Eyal Yinon, determined that elements of the bill bordered on unconstitutionality and struck at the core of political freedom of expression. However, Attorney General Yehuda Weinstein gave the bill his approval.
The speaker of the Parliament, Reuven Rivlin of the Likud, tried to introduce moderations in the bill, but they were rejected. Mr. Rivlin abstained from the vote.
The Association for Civil Rights in Israel and other human rights organizations said they were preparing to challenge the law in the High Court of Justice. The association described the law as an antidemocratic step, intended to create a chilling effect on civil society.
Ilan Gilon, a legislator from the leftist Meretz Party, said, I do not know of anything that creates more delegitimization of Israel abroad than these laws.
Hagai El-Ad, the executive director of the Association for Civil Rights in Israel, and other opponents of the law have pointed out that Israelis had recently launched their first successful consumer boycott, bringing down the price of cottage cheese. Why should Israeli citizens be allowed to boycott Israeli cottage cheese, as we have heard and seen in recent weeks, but be barred from boycotting the occupation? he said in a recent statement.
Last year, Israeli theater artists refused to perform at a new cultural center in the urban settlement of Ariel and in other West Bank settlements, causing a public uproar. They were followed by scores of leftist Israeli academics, writers and intellectuals who said that they would not lecture at the center or in any of the settlements.
A movement of Palestinians and foreign supporters has stepped up calls for boycott, divestment and sanctions against Israel. Their campaigns have led to a number of cancellations by international artists.
Mr. Elkin, the sponsor of the legislation, said that its principal importance was the fact that the calls to boycott the State of Israel increasingly have come from within our own midst, and that makes it hard to wage a battle against a boycott in the world.
http://www.nytimes.com/2011/07/12/world/middleeast/12israel.html?_r=1
Unsurprisingly, it hasn't gone down well.
Israel's new law effectively banning political boycotts is unconstitutional and does grievous harm to freedom of expression and protest, three dozen eminent Israeli law professors have said in a petition.
The move followed prime minister Binyamin Netanyahu's robust defence of the law in the Knesset (parliament) on Wednesday in which he said he was "against boycotts aimed at the Jewish state".
The petition, sent to attorney-general Yehuda Weinstein, was signed by the deans of many of Israel's law schools, including some associated with the political right.
"This law is a classic case of the tyranny of the majority," said Alon Harel of Hebrew University, one of the instigators of the petition. "The majority aims at silencing, persecuting and threatening the minority. It conflicts directly with the principles established in Israel in the 1990s that entrench the right to freedom of speech in the legal system. It is the most cherished right in the Israeli legal system."
Under the Law for Prevention of Damage to the State of Israel through Boycott, an individual or organisation proposing a boycott may be sued for compensation by any individual or institution facing possible damage as a result. Evidence of actual damage will not be required.
It bans consumer boycotts of goods and services produced in West Bank settlements and the blacklisting of cultural and academic institutions in settlements. It also bars the government from doing business with companies that comply with boycotts.
Boycotts were a standard form of protest in Israel, Harel said. But the new law was a "non-neutral restriction".
"Speech or action which promotes one viewpoint is protected and sanctioned, yet speech which promotes another viewpoint is prohibited," he said.
Boycotts by ultra-orthodox Jews against the Israeli national airline El Al over flying on the sabbath or by Israeli tourists against Turkey following last year's flotilla had not been targeted, he said.
Harel said the new law had to be seen within a wider context: "Basically, Israel is still a lively democracy. But this is part of a campaign to win the political struggle not through free elections and political discourse but through silencing certain sections of society."
Several civil rights groups have launched a challenge to the new law in Israel's supreme court and high court of justice.
Another bill is to be brought before the Knesset next week which allows the investigation of the funding of human and civil rights groups in Israel. Many groups say this is unnecessary as their funding is totally transparent and they claim it is part of a wider campaign of harassment and an attempt to restrict their actions.
Two rightwing members of the Knesset announced on Wednesday they would present a further bill allowing the Knesset to veto supreme court appointments. The right has criticised its judges for decisions it considers to be against Israel's interests.
The bill, which is not widely supported, is unlikely to succeed. The speaker of the Knesset, Reuven Rivlin, said: "The threat to the supreme court is a danger to democracy."
Despite being absent for Monday night's vote in favour of the law, Netanyahu told the Knesset: "I don't want anyone to be confused. I approved the law. If I hadn't backed it, it wouldn't have passed. I am against boycotts aimed at the Jewish state."
He denied the new law damaged Israel's image. "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.
Matthew Gould, the British ambassador to Israel, came under fire for saying in an interview with Israeli newspaper Maariv that the UK was concerned about the law.
"For a foreign diplomat to take such a public stance is highly unusual," a foreign ministry official said. "It is not customary for an ambassador to speak out against a legislative process."
In a separate development, nursery schools in Israel are to be required to raise the Israeli flag and sing the national anthem at least once a week to strengthen children's Zionist values. Kindergartens in Arab areas will be exempt from the requirement, issued by the education ministry.
Irrespective of what your opinions are of the Israeli state, this is interesting on its own to see how difficult it is to reconcile some tenets of democracy in a context where the state feels so threatened that certain freedoms can themselves harm the state. In that sense I can understand why they wouldn't want these boycotts, in a similar way they recognise the impact of the flotilla protest and I imagine are equally concerned by the Palestinians going to the UN in September to claim statehood. Not surprised by nursery development as well; I've never been a fan of children having to recite these things - kids in the US do similar.