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Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie

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Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie Contributors: Meir Elran, Nadia Hilou, Eran Yashiv, Doron Matza, Keren Aviram, Hofni Gartner The Tami Steinmetz Center for Peace Research Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie Contributors: Meir Elran, Nadia Hilou, Eran Yashiv, Doron Matza, Keren Aviram, Hofni Gartner This book is dedicated to the memory of former member of Knesset and guest researcher at INSS, Ms. Nadia Hilou, who was an active partner in the research team from the beginning of the project until close to its end. May her memory be a blessing. Institute for National Security Studies The Institute for National Security Studies (INSS), incorporating the Jaffee Center for Strategic Studies, was founded in 2006. The purpose of the Institute for National Security Studies is first, to conduct basic research that meets the highest academic standards on matters related to Israel’s national security as well as Middle East regional and international security affairs. Second, the Institute aims to contribute to the public debate and governmental deliberation of issues that are – or should be – at the top of Israel’s national security agenda. INSS seeks to address Israeli decision makers and policymakers, the defense establishment, public opinion makers, the academic community in Israel and abroad, and the general public. INSS publishes research that it deems worthy of public attention, while it maintains a strict policy of non-partisanship. The opinions expressed in this publication are the authors’ alone, and do not necessarily reflect the views of the Institute, its trustees, boards, research staff, or the organizations and individuals that support its research. The Tami Steinmetz Center for Peace Research The Tami Steinmetz Center for Peace Research is a multidisciplinary framework, shared by the faculties of Social Sciences, Humanities, and Law at Tel Aviv University. The center, which was established in 1992, is designed to promote research and systematic thinking on issues in processes of peace building and conflict resolution. In these issues the center undertakes the following activities: • Implementing the project “Building Jewish-Arab Peace – Horizontal Relationships” • Holding conferences and workshops and encouraging instruction and study of subjects relating to conflict resolution at home and outside, and supporting students writing works on these issues. • Developing relations and cooperation with similar research institutes in Israel and abroad. Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie Contributors: Meir Elran, Nadia Hilou, Eran Yashiv, Doron Matza, Keren Aviram, Hofni Gartner The Tami Steinmetz Center for Peace Research החברה הערבית־הפלסטינית במדינת ישראל: עת לשינוי אסטרטגי בתהליכי השילוב והשוויון אפרים לביא בהשתתפות: מאיר אלרן, נאדיה חילו ז״ל, ערן ישיב, דורון מצא, קרן אבירם, חפני גרטנר This book was written within the framework of the research program on the Arabs in Israel and was published thanks to the generous financial support of Joseph and Jeanette Neubauer of Philadelphia, Penn. Copy editor: Ela Greenberg Graphic design: Michal Semo-Kovetz, Yael Bieber Cover design: Michal Semo-Kovetz Printing: Elinir Institute for National Security Studies (a public benefit company) 40 Haim Levanon Street POB 39950 Ramat Aviv Tel Aviv 6997556 Israel Tel. +972-3-640-0400 Fax. +972-3-744-7590 E-mail: [email protected] http://www.inss.org.il ISBN: 978-965-92659-7-8 © All rights reserved. April 2018 Contents Foreword by Shimon Shamir 9 Foreword by Asher Susser 13 Preface 21 Executive Summary 23 Introduction 25 PART I: THE REALITY OF ARAB LIFE IN ISRAEL 39 Chapter 1: The Legal Reality 41 The Problematic Status of the Arabs in Israel according to the Or Commission 41 Personal Rights and the Prohibition of Discrimination 45 Collective Rights 50 Affirmative Action and Due Representation 57 The Tension Between Collective Rights and Equality and Liberalism 61 Inequality in Budgets and Resources 63 The Definition and Jewish Character of the State 69 The Legal Realm as a Sphere of Action 77 Chapter 2: The Economic Reality 79 The Arabs and the Israeli Labor Market 83 Industrial Development in the Arab Sector 92 The Government Authority for the Advancement of the Minority Sectors 104 Recommendations for Policy Measures to Effect Economic Change 117 Chapter 3: The Reality of the Arab Education System 127 The Construction of Schools and Preschools 128 The Allocation of Resources of the Ministry of Education to Arab Schools 130 Matriculation Certificate Eligibility and the Chances of Being Accepted for Academic Study 134 “Learning About the Other Week” and “Tolerance Day” 135 Recommendations for Changing the Reality of the Arab Education System 141 Chapter 4: The Development of Arab Communities and Municipalities 143 A Master Plan and Outline Plans for Arab Settlements 143 The Land Issue 152 Closing the Gaps in Municipal Services 163 Chapter 5: The Political Reality 169 From Political Marginalization to Radicalization 169 The Strengthening of Political Camps that do not Advocate Integration 171 Weakening of the Arab-Israeli Political Camp that Advocates Integration 173 A Window for Cooperation on Social and Economic Issues 175 PART II: DETERIORATING JEWISH-ARAB RELATIONS AND CONCURRENT TRENDS OF INTEGRATION 179 Chapter 6: The Roots of the Conflict and the Continuing Struggle for Equality 181 Facing Their Fate: Not Part of the Conflict’s Solution 181 The Demand to be Recognized as an Indigenous National Minority 182 The Fear of Separatism as a Reason for Government Policy 186 Chapter 7: New Legislative Initiatives by the State 189 Basic Law: The Budget (Amendment No. 40), 2011 (“The Nakba Law”) 190 The Law to Amend the Cooperative Societies Ordinance (Amendment No. 8), 2011 (“The Acceptance Committee Law”) 193 The Knesset Elections Law (Amendment No. 62), 2014 (“The Electoral Threshold Law”) 197 The Citizenship and Entry into Israel Law (Temporary Order), 2003 (“Family Unification”) 202 Benefits Based on Miltary Service and Bill of Rights of Contributors to the State 208 Bill of Basic Law: Israel as the Nation-State of the Jewish People (“The Nation Law”) 214 Chapter 8: Manifestations of Hatred and Racism 221 “The Lost Decade” 221 Manifestations of Hatred and Racism Toward Arabs 223 “Price Tag” Actions 227 Racist Discourse on the Social Media Networks 227 Contending with the Phenomena of Hatred and Racism 229 Chapter 9: “I Have No Other Country”—Trends of Adaptation and Integration 235 Adaptation and Processes of Integration 235 The Integration of Arabs into Civilian National Service 238 Between Identity and Identification 244 PART III: CONCLUSION AND RECOMMENDATIONS 247 Chapter 10: Integrative Review and a Look Forward 249 The Lack of an Overarching Conception for the Integration of Arab Society 249 Economic Integration in the Shadow of Budgetary and Bureaucratic Obstacles 251 Social and Political Obstacles 254 Recommendations for Policy and Decision Makers 256 Recommendations in the Legal Sphere 257 Recommendations for Change in the Economic Sphere 258 Recommendations for Change in the Arab Education System 262 Recommendations for the Development of Arab Communities and Municipalities 262 Actions to Mitigate the Phenomena of Hatred and Racism 265 Conclusion—Time for a Conceptual Change on the National Level 266 The New Five-Year Plan (2016–2020)—A Light at the End of the Tunnel? 269 APPENDIXES 271 Appendix 1: The Principles of President Reuven Rivlin and the Recommendations of the Or Commission 273 Appendix 2: Different Approaches to Normalizing the Status of Arabs in Israel 281 Appendix 3: The Platform of the Joint List 291 Appendix 4: Major Government Resolutions from the Past Decade regarding the Development of Arab Communities 294 NOTES 295 Foreword by Shimon Shamir The existence of a large Arab minority within the State of Israel has presented the Israeli leadership and Jewish society in the country with a challenge that continues to help shape the fundamental character and historical entity of the state. The moment that Israel was defined as a Jewish and democratic state, it sought to pursue two goals regarding its Arab minority: to preserve the essence of the state as the entity responsible for realizing the Jewish national vision, and to implement the democratic principle of complete equality for all citizens. In reality, however, it never succeeded in achieving an appropriate balance between these two goals, and fulfillment of the second principle pertaining to Jewish-Arab relations has remained inadequate. The Or Commisssion, established in order to investigate the facts surrounding the October 2000 clashes in Israel, understood its task in broad perspective and considered this subject in-depth. The commission’s report examined the fundamental aspects of the Arab community in Israel, documented the unequal treatment of the population, and defined anti-Arab discrimination in Israel as a violation of law. Its recommendations called decisively upon the state to take action to close the existing disparities between Jewish and Arab citizens by means of equal budgeting and measures to improve the condition of Arab society in fields such as education, employment, industrial development, land for construction, and the dispersed Bedouin communities in the Negev desert. The Or Commission also called for measures to be taken so that the Arab
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