<<

CHALLENGING ETHNIC

CITIZENSHIP

Perspectives and Israeli German

Immigration on

by Edited

Levy Daniel

and

Yfaat Weiss

Berg•b•n Boo•s

OXFORD YORK NEW

of Citizenship 197 in The Future Arab

judgment Qa'dan

Jewish of The the mechanisms of

exposes many one

transferred the land. The Lands Administration land control Israel

over

Jewish Agency, of Jewish the the which claims aggregate

represent to to

Chapter Agency Jewish I1 the of Israel. The both worldwide and interests in state

village the land community called decided rural

to construct

on a

applied family Qa'dan

had received from the When

the that

it to

state.

THE FUTURE

they village, they buy housing

told ARAB that did CITIZENSHIP the unit in

not

OF

were a new

Jewish Agency, promoting Jewish which the of the

criteria

meet

was

ISRAEL

IN

Jewish. exclusively The only, be residents would and hence the interests

Agency's

Jewish position,

endorsed the Israel Lands Administration

Jewish-Zionist

Time Place with in

a

grounded

policy

Jewish

Agency in arguing the of the

that agree- an was

Palestinian Memory No

latter and between the the state. ment

nongovernmental bodies mechanism, Zionist fact which involves In this

hand, Fund the Agency Jewish National Jewish and the

such the

one on

as

other,

the through Administration, Lands

Israel, of the Israel and the

state

on

Jabareen Hassan

helped the Arabs lands," exclude settling the of "state's the in to

process

opposed (as established joint projects living to localities that from in

as were

Jewish estab- localities towns). have been hundred 1948, Since six

some

single locality. allowed

lished, Arabs have been while the

to set

not

up

a

outlines judgment model, which Qa'dan chapter discusses the This

as

a

judgment Israel. This citizenship of the of Palestinian the in issue state

Introduction

the which advocates im- tangible application doctrine, of

constitutes

a

a

"Jewish" and "democratic"

plementation values

of the of Israel's

state

as a

On 2000,

8 March Supreme

Israel's Qa'dan high- granted Court Supreme Court, which petition the Qa'dan Many of in Israelis the that the

state.

argue

family--Palestinian

successfully

citizens of

Israel--who buy lighted characteristics, has

also Jewish-Zionist

wanted house the state's

in

to

a

a

community-based

village

equality principle Katzir.1 respondents--the of called between the

implemented The the state's Israel commitment

new to

Administration, Lands background. Jewish

the

nati0nality-based Agency, Cooperative the Katzir

against

all

Asso- citizens

its

a

ciation, others--had and rejected Qa'dan. application of will model their grounds critique this civil

presentation, the shall that this I In

ar-

on

locality the

intended

only. Jews for Supreme

"Israeliness," form

that is form of The model Court determined this

that presents

was a

gue a new

this that

constituted discrimination

of the nationality, the Palestinian

citizens of basis also include "future-oriented" and will

and state. it

on

ruled

prohibited the that renotmcing

from

is using their conditional "national made state such inclusion However, institutions" is

compo-

to

on

per-

discriminatory form these identity, Arab" assuming

behalf. "Israeli

precedent, identity, important the its instead An this of Palestinian acts

nents

on

sparked decision including public considerable of handing by Until

acceptance down components, the Zionist reaction. of which characterized

is its

judgment, Qa'dan the underpinned by Palestinian model, ideological nearly citizens, which who make This

is values of Zionism.

the 20 percent

up

legislation, of Israel's

absolutely

citizens,

judicial primary excluded

is localities from well most decisions established at

pre-

were

as as numerous

by

the

conjunction in with of the Zionist

pared

bodies who state citizens Jewish such Palestinians Agen.cy state relate the those

pos- to to as

are

as

Jewish the and National migrant Fund.

ethnic of diverse

similar that sessing that

is

groups, to

status

a

Since establishment, only

limited its civil-political sphere,

Israel with pursued has

rights lands limited the and rural settle- whose

to

a

are a

policy

that under which condition ownership Arab

cultural ment willingness recognition of of

aspects, land has the

been grant

trans- to

on

ferred ideological population Jewish of the

adversely for the impact recognition These

its will to

have structure

transfers been such not

on use.

sophisticated based legislative problematic

in political model's and that this

will be contention

mechanisms. It nature Prior the

on

state. to my

only

1948, recognize Palestinians

around equality upshot 7 failure the of of the

percent dunams,

million 20.5

which is to

respect to

some an

con-

the stituted

of the homeland indigenous

their

the

Today,

hands of in

Jews. state, Israeli the

the who

citizens to area new was or persons

as

are

of

Israel controls

people founding and 93 state of "patrials': lands of the is enti-

make the that percent that is in

its terri-

over process group up a

a

The

body tory.

that administers government the of

the framework in lands the state's the tled Israel self-determination in contrast state, to is

to

an

Lands Administration. homeland. living

ethnic in its not group own

HassanJabareen 198 of Citizenship Israel Arab The Future in 199

chapter, place•the the

of homeland first distinguishing In by this demand made because of the locus will also I it

part between is start

or a

characteristics the 1981).

(see

of homeland 1986; Smith

people which Sack

constitute

groups,

or a a

minority, discussing national and contributed ethnic with the the other Residence homeland have and in ties differences of the

to sta-

groups,

their demands people bility identity indigenous how and various natives, relate of whose the national of Then, them. countries based

to

or

on

reading

textual Qa'darz judgment, of struggle primarily the analyze territory, focuses will

bound with the selfsame

issues model of the

cit- a up

on

izenship judgment

language the outlined applies self-determination, claims, demands land in rights such it and collective the

of

to

as as over

the Palestinians homeland). language Israel. (which deep of of the territory, I will the The ideological in i.e., their reveal attempt in is

to struc-

eyes

represented shapes relationship that through and the of members of the home- and judicial homeland activated tures the choices re-creates

are

made, based

disclosure namely of the homeland, expressed

land with those who the the

narrative in the

present

in

not structures

on a group

are

judgment.

will things, analysis further displaced relationship I Among impact of this thwarts and

other attempt their

in those

group. an

cer-

on

by affected In the them.

analyze making particular civil-political 2

second rights I the of kinds of will part, accruing the

prevents tain

to cases

individual

Palestinian relating Qa'dan

integration the under model. demands such assimilation. Such and de- will those the scrutinize

to an

as

that "Jewish while the likely identity argument rights mands of different from confers "we" state" the

national

nature to create

new a are a

on

majority national identity "democratic the it identity implements is the "we" of homeland that the

that will state"

the

group, to group: agree

an

principle this equality

of civil-political legi0mate the rights.

diaspora. of rights in rights of those resident the In the denial

The I in

context, to

area

critique will

those

makIng who diaspora by advocate

take demanded the recognition based commentators distinction the form of

pre-

a

on

civil-political between rights and collective rights. dominantly Nonrecognition national historical of these arguments. arguments

history of.the denial Furthermore, of the homeland

constitutes

group. a

self-perceptions "they," shaped by such

and "we" the

which

power

as

are

Qa'dan The

Modeh Israel's

Palestinian

Citizens

relationship

history, control questions call forth difficult and

as a

over over

Migrant

Group

Ethnic

equality. demands for civil the been the From has such situation outset,

perceptual that marked

between has

the

existed

two

very gap

groups, a

A that

people defined

is (or making thereof)

"language impossible

rights" properly, historical address the is group part of it

to as a

a

com-

as a

munity, which is resident defined

normally

in language homeland,

principle equality

enable the

its that will be and of between them is

area, to a

distinguished

by

possessing language

its strengthened. and culture.

Due The homeland of the which itself

inva- victim

to own group,

as

sees

a

by colonial

sion

occupation

peoples other group's and control, result dominant force of of question the of

will call

into

or

powers

purpose as a

or

manipulation,

the of

number of "language

national implying rights," of dominant status merely kind of this the and has

that it

is

groups a

new

changed,

they

that

have become providing nondominant minority's improve

national the called and "umbrella"

interests.

promote to so

groups

an

(Steiner national

and minorities

Alston Kymlicka 987-1020; justifying

1995:11). 1996: the the dominant

time, At hold the its

terri-

group, same

over

involuntary change

This

history made the

by and justifi- collective

provide diverse moral

of

which of tory arguments, in

turn memory means

these pronounced

shaping into salient and elements ideological homeland for the

national bolsters the

in cation its groups

supremacy group,

over

p}o- (patria homeland The

territory) unequal the becomes

locus the for of the of The umbrella continuation

4 situation.

awareness.

or

reasons

history, time, national where the

forged "language and by rights" past, collective nevertheless, have vided the of be used order

in to memory

can,

identity.

distinct

national

for this legitimate It is residence that the of the home- homeland but these will of be promote in interests a

reason group,

strengthen land has continued claim the principle equality different applica- future for of to limited and the

be of restricted the will

to

ter-

scope,

a

ritory,

future political bound diplomatic the bility

(Abel civil-political 1995). in Furthermore, only under that

demands the

past

up

a

or once

prevailed

homeland. the Such in claim

"language

rights" likely is refusal umbrella of of the dominant

tantamount in certain

to to

a

are, a. cases,

future

diminishes that present

accept

political

groups' the (i.e., The the dominant the cultural of the

perpetuate

status. to a or supremacy group

use

involuntary

change

the language) these of Looking in their of dominant

how homeland homeland the

the the in status

at groups group.

own over

therefore, does

demanding them from founding people, not, prevent different homeland

itself--as relates that

is

to

status group group a

a a

that

with is identical sovereign their refusing undergo- might people's

another and that call this

status, is accept

status one

to

supremacy--some a

change,

ing

recognizes i.e., that right their

self-determination. question homeland effort of the "national

This honor" the of

part to

group.

on a

demand

for self-determination made shapes political they both is immigrants necessarily because of

In constitute its contrast,

group any

a

people,

by and

also

of the agenda

destruction historical distance from and the within the host

homeland. Unlike

its country

at reason

oppres-

a

they

experienced that have living sion people

claims the homeland which have

their the all homeland and

in in

country

groups, as a

on on

own

land. demand This because made is

(such the acknowledgment of self-determination,

alike, the and of historical the and present past contexts a as

HassanJabareen

200

of Citizenship The Arab Future Israel in 201

language

claims),

land and

immigrant

wrongs, distant who

rights,

daughters groups national

i.e.,

and people. of

the are Palestinian

In

sons

as

from bring their homeland

their demands

main bear

civil- the

in of to

during

April

1998, the

Shefa'amr the

in protests against

area back- the

area

political rights

and antidiscrimination

the

in of

ground

of

unrecognized the measures of destruction

houses

area village, resource

in two

an

allocation.

Assimilation

integration

and

sometimes aspira-

constitute

al-Sahali, Umm dozens

of by Palestinians

injured

an by shots fired

were

the tion of

immigrants

the themselves,

part

they

acceptable

and

on

local

September forces, security In by 1998, are the residents of

protests

at

Immigrants options. perform

individual

They

•f

transition.

act

an Umm al-Fahem

the

and

Arab

localities Wadi 'Ara move in expropri- land

over

from

homeland their

search

in country of their to personal

new a al-Roha the

ations in

than injured

Palestinian 450 own

citizens

area,

more

were

happiness.

This also

the is

unwritten

between

them and agreement this

by shots result of

police

fired the police

(Ker- Israeli

the border and

as a

they homeland:

they

it, and

absorbed

individuals to

who

new

1999).

come

noChan

June

place

clash 1999, In are took as between

Palestinian

citi-

a

integrated be wish

it,

and in to

national

community,

wishes which not

following

forces

security the and as a

destruction

the of Palestinian

zens

a

establish

national

to

existence

in territory. Nevertheless,

(Lydda), a

house

Lod 9 people and new background in a injured.

sixteen The

some

were

immigrant

ethnic

accepted have that the political

country's host

groups al-Aqsa the eruption began

Intifada, of September

which late

to in 2000

ideological

and

do

sometimes demands for structure recogni- the

during express which and thirteen

Palestinian by police,

citizens killed

were

symbolic

of

tion cultural

that

do component conflict

with the

not

s derived from the

affiliation national

the of Palestinians

the

in Israel eco-

to

legal,

political nomic, and

foundations

the of

receiving

host 7 country.

people. applied

Palestinian

September The

in 1982 the

or protests

to

same

The

Palestinians

Israel

in

national

that

resident is its in

against

Sabra the group and Shatilla are refugees

a

of

Palestinian

in

massacres

homeland

and

of the

is people

Palestinian

part

partially who

located

long

Lebanon. The list all

of these In is

what involved

are

is

is

one.

cases,

a a

outside

homeland.

its

of As result the

those 1948 Palestinians

who

kind of demand that

characteristic a homeland of is

itself that war,

group

a

sees

of

transposed,

citizens Israel

the for

first

their

his- time in people now are

with claims of opposed homeland, that were

part the

type to

to

as a

as

from

dominant tory, national

community

Palestine

in

national into typically waged by struggle of a immigrant ethnic 1°

a

groups.

belongs

minority,

which

defeated

nation,

the

to

in state---the Qa'dan state petition Is the struggle by characteristic a of the Palestinian new

citi-

of

relating Israel.

Matters

homeland the

constitute to

paramount

national of Israel

resident

The homeland? in

its

a

com-

to group

zens

as a

answer

the

demands of

in Palestinian ponent Israel, of citizens

the such

might

explain help question this return

well also differences how the the

in as

two

expropriated of right

land;

the villages of

the they from

which return

to national Qa'dan judgment. Israel related Specifically, the in the

to

groups

displaced;

recognition

unrecognized of

villages;

of

absentees'

return judgment were argued "conservative-Zionist"

that the constituted

group

an

extending

jurisdiction the of

localities, assets; of

Arab and

impediment

the enterprise, Zionist areas "liberal-Zionist" while the

to so

on.

group

The of "land"

has become symbol concept struggle. national this

The

in explained judgment breakthrough that the rights. historic

for Arab

a

was

a

Day first

Land

March 30 which 1976 Palestinians

in from six

the vil- large Nevertheless, public on expressed of the proportion Arab

indiffer-

a

lage

Arrabe of Sakhnin and Galilee the

killed,

in

the first

and

is intense

most the while others

with outcome, were to criticism

out

ence

came

important

history

national the

the of in Palestinians

national event

"jubilation" against directed the the of "liberal-Zionist" ix

as

a

groups,

collective

the significance Israel. of in Its lies the that state fact the in

Qa'dan judgment admitting The including non-Jewish about is the and

managed,

minority national

for

first the

1948, time

organize since

its other•

to strictly project of Israel the defined Zionist-Jewish in in

state

a

as a

collectively, struggle

declaring

general

Negev strike from the

the in judgment, is enterprise.

In the project this

image embodied

the of a

the in

Upper

south the Galilee north, the in policy against to

the in of protest locality

jointly

Katzir, of

by founded which Lands Admin- the Israel

was

expropriation land

(Bishara

1993).

Agency Jewish the and settling with istration of the Jews the Wadi aim

in

Residence

strengthened

their homeland has

in

stabilized and Palestin-

(referred judgment

the 'Ara Valley). "Iron'--the Nahal

in "Iron"

to

area

as

citizens' national ian shaped

has

and

refusal their

consider family, Qa'dan

challenge represented petitioners, to The

the

project awareness this

to

a

being

their

footing

the

that

minority

of

status

ethnic

through

join claim be able of and be as its

This

on

it. same

group as

part to

to a

easy

was no

fighting

solely civil-political rights. for despite

This that,

the fact

partic- is thing. public

judgment has ttnderstood The Israeli

important the

as an

ularly

variety 1990s, the of in identified could be issues

which civil

despite revolutionary

and goal, project's because

document the declared a

over

especially made, demands regard

budgetary

with in "non-Jews" to integrated matters, nevertheless enabled

be it and included were

in it.

to

which such demands limited

importance of

vital the Qa'dan adopts judgment matters to antidiscriminatory The approach, to

which were

an

development

Palestinian

citizens' the

spheres. in and social

economic by

seeks obstacles caused exclusion. All

entitled

citizens to

to

remove

are

dogged Nevertheless,

and the struggles

fundamental

of the

Palestinian

equal they

ideological gain that domain. this

entry treatment

to

so can

struggles they citizens, prepared which

in

take

the

unde- difference. origin racial makes to to National Those streets who admitted

were

or

no are are

by

terred of force the

the

forces, the of security

part

apart" by

standing individuals who "set of their

virtue use citizens. on over were are as

fabareen 202 Hassan

of Citizenship The Future Arab Israel 203 in

viewpoint,

Although

family Qa'dan

the

represented only all the likely

Arabs also but legitimacy because undermine the not of is the claims it

to

those

whom for

project the

intended,

"non-Jews,"

the i.e., not possibly the impression giving the homeland the of their

that

was

strug-

groups,

"Arab"

judgment

of the

particularly aspect

salient

because gle of fighting Jew- the civil-political rights only,

of for ethnic instead is

was

group

one an

Agency's

ish

legal

the

in

It

this

text. struggle by presence that

seeking in equality of homeland

between national

turn

presence was

two

group

a a

underscored

ideological

the

the of Arab-Palestinian identity,

Qa'dan the presence category? this Does fall

into

groups.

case

because

the

relationship of

nonneutral

between Palestinian

and Zionist Jewish established

The settlement of Katzir of the the initiative

at

was

identities

relationships

constructed

rejection of

negation: and according judgment, goal settling which, because

Agency, the the of "took on

its

to

as

identity the

Zionist

delimits defines

and identity Israeli

Jewish-Zionist throughout particular Jews the whole of the

border

and in in

countr•

as a

identity, by

definition it rejects

the

elements presence."14

constituent of importunate the According including Jewish regions the

with

to

sparse areas a

identity. Palestinian

(1999)

Bishara

Azmi

has provided

expla-

Agency's

Jewish Jewish perception,

defined

cogent is in terms

very

sparse

a presence

a

of this nation attitude:

"Israeliness distinguish does

large Arabs the

'Ara, scale, of the Arab the Arab not

Israel In Wadi

in is

presence. presence

on a

from the of

Arabs the the

distinguishes

in

that rest according Jews it the Jews, Jewish Agency's of hence the the and the in way

same to

presence

from Israel

of

the Jews, the because

from the

rest

understanding, Jewish according has IsraeRness

the The Arab is outset

very to

sparse. presence,

been

Jewish-Zionist

rejected

even

and Arab, the

and perceives

itself Jewishness. Agency, such. the

deli- threat

constitutes To area's put

it

to

as more

a

order

In Arab-Israeli,

be

the

Israeli has to Arab be rejection." legitimate of cately, his part to the Arab and hence solutions this is

not to presence

pres-

Prohibiting

discrimination

involves

what

Isaiah Berlin dubbed

the be found. settlement of established the The with Katzir

must

ence was

"negative

freedom" individuals, of according

which goal through

identity individuals' negating of free- the of the Arab 'Ara Wadi

to in

presence

dom

be shall

vitiated

belong denied they because not intermediary settling family, Jews. Qa'dan this this

that the of In the of the is

to

or

eyes

or

particular

In

words,

other

the

seeks

legitimacy. neutrally, goal Furthermore, of group. said be state without that lacks the settlement to act

to most

a

arbitrariness,

following

policy

it

of "collective

expropriated blindness."

result, of established Arab land. the 15 In Katzir As

in were, as

a

on was

a

equal

claim

for

contrast,

backdrop against the

treatment of "Jewish"

Katzir, of identities neutral and "Arab"

a

context matters:

not group

mem- are

bership

seeks

right, positive establish which to

requires

relationship negation. the basis the between them of This

constructed the is

state

to

a

on

adopt

positive affirmative

legiti- through group's family, goals

Qa'dan

the of of fault the but because the of the to treat is or

measures so

as

no

interests with and mate respect

other 12

In words, Jewish Agency. antidis-

in

concern.

an

crimination demand

the suit, for arbitrary gulf is the revocation of

yawning institutions' been created the

this has between In

way, enormous an

policy,

which

weight attaches

collective

the

Arabs, difference

expropri- of homeland for the of to

indi- of the its

request

return

group or group,

as

a

viduals.

In equal

for

in

suit contrast, application purchase against

expropri- back- ated land and the of house Arab treatment

a to group

on an a

a

ground,

precisely

it group's the difference is

that

should land,

the and also of this Arab the constitute ated Arab present

request

to

success as an

decisive However, factor. explained will be below,

purchase "victory." attempted legitimacy antidiscrimination this confer and valida- Does

not as

policy

will succeed,

discrimination

and

will policy not against directed without that who continue the

exist tion is is present

to not

on someone on a

"positive" the

of

affirmative

equality. guarantee original

land,

Does of the land? attitude the i.e., it

not

or

convey owners

an

Despite

importance, Qa'dan its the perhaps of

embodying neutrality, capitulation by type characteristic and homeland

suit of the is

not

group

principal the

by claims illegitimate actions and indigenous made

establishing regard goals the the settlement of national with Katzir? in

minor-

to an

typifies Rather, ity.

the

it diverse of actions seeking resulting ethnic the of different

here association, Is there in creation

inte-

to not

groups

a new a

Nevertheless,

society. in grate

importance

(including Agency) its Jewish individual Arabs the and removing of and that in

negates "we"

terms

a new

obstacles downplayed,

the

of

all in individuals displaced right people original be who particu- rejects of other the of the

must

way not

are owners

laxly

the when exclusion

legislation by they might

necessarily institutionalized is (in outside declared the land this be Katzir but

context, not

or

policy goal with the maintaining of legitimate fragmentation the homeland)? of the of the the the How

dominant outside entire is

supremacy

abyss However,

patrials this about, from separates characterization

when for internal

national of vast "we" the group. of it

not

a

any reasons,

comes

principal these indigenous

claims

suits of (viz., by threatening

result of minority. rather

national but external those it 13 This

intervention

as

an

as

a

saying is that minority homeland

Agency)?

placing should

hostile not Jewish petitioners the themselves detached the Are

and remain in

not a

a

refrain

from

all and

Clearly, integration. of kind identity also of least,

Palestinian Arabs? It that

the their is negates

situation

any

at very

very as

eco-

interest

employment needs such nomic legal rights and of academic the studies the relates the collective require will how the examine to text to

as

minority

for

(Brunet inclusion strive

107). Israel. Peled What historical referred and 1998: national to minority in in narratives

to

were

However, involving

the of reality in

historical given image petitioners, the and what homeland, the of form the matters

the what

to text,

are was

the demand problematic inclusion for dialogue rights from is the homeland group's of of collective that from the limits the it? emerge

of Citizenship Israel 205 fabareen 204 Arab in Hassan The Future

example,

provided

information, for locality.

with

viewpoint From the The reader "is

is the of homeland

these

point questions

no

to

group,

al-Garbiyeh

village locahty--which Baqa of in problematic the Arab the the Arab civil-political is about

of

Qa'dan claims of

the nature

type.

perhaps

added order Notwithstanding have Triangle. could been in information to This policy,

the the antidiscrimination professes

which

be

to at

according

village the Katzir, which judgment, proximity of the heart this of indicate the the the to ideological related to

the

of

the text to

aspects

by

calling (instead the petitioners, of judgment

its located "Nahal 'Iron"

members

in family. Qa'dan the of

is Qa'dan The

area presents text

us

provide perhaps

order 'Ara), also petitioners with of Wadi and in

standard Arabic

who do to

claims, historical raise

do and

the not

name contest not

living locahties. We legitimacy have the of the standard of comparative

Agency's Jewish in of the

view two ideological accepting actions, the val-

a

couple

who personal glimpse

of the hves

the

of afforded into of the Israel been

Jewish-Zionist

loyalty

state not and

expressing state,

ues a

as a

living,

of and

standard for different brought petition their people." "Jewish

quest the the in the first In few judgment, the of to Jus- a Chief

a

pages

children. for their Aharon better future Barak tice discloses the

petitioners' observing: by credo "The

something

This

petitioners wanted Katzir? is

the

in petitioners what that So it do

Jewish discount the foundations

the not of of Israel's was

state

seeking--to

sought--and "They

still identity, disclose

history does

that the

the of to

settlement Israel. text petition Their in future-ori- are us: is

nor

living

from quality

standard of of life and place different with ented. live opinion, In their Jewish

the

foundations in

identity of

the

state's a a

are

that has currently hving. neutral

This request "19 they

is

where weight only of those decisive involving

in the

Jew- of the a matters

are

very

essence

equally

apply could

cleft. absolutely nothing with the national It do to

ish of

the

to the state--such Return,

of Law 5710-1950. nature '•16

as

this specific identity. practice,

is Arab In

nationality,

and is What

have extremely here not to

important is

interesting a and disclo-

any

we

an

they of

members fact that

completely neutralizes the

Despite

that

petitioners' identity, request

the they a

national are pri- with the sure.

concur

(non-Jewish)

people belonging

presenting

them

objectives homeland to Zionism, of

which broad has Supreme a

group, as

support mary

among

quahty Just

of life.

better

sole whose is

migrant ethnic justices. Court

Specifically, further But as than it this.

petitioners group, the concem

goes

from,

the does

immigrants have

where not do text

body

pro- that with of

literature not entire that efforts achieve come

supports care we

to

concur

petitioners have village which from the Arab

of the the

vide with

possible harmony the

greatest "Jewish" between

"democratic," and

name

us

petitioners

they did the thing

Nor

that citizens. the emphasizing is

main

importance the of practically con- Return, of the Law which

are

is

come:

holidays

festivals and the

respondents' that Katzir

argument in the only designed the preference granting test component continue

national to

to

Hebrew, follow-

would teach

schools in and the Jewish-Zionist,

would be (Gavison Jews

Israel 79). in 213; 1998/1999: 1998: Saban legal

The

text

unhesitatingly will•

they will be immigrants, Like

values. ing depicts

Zionist petitioners most image the of the individuals who have

historic

as

no

language values. local and

the

ing

accept

whatsoever territory, the with ties land, to place. soil, the the the Were

or

of the judges favor

allowed the implicit in assumptions that

to vote

The such

they the immediately

in components would

to text,

create

appear

when

Qa'dan transparent become

the petitioner in

indigenous petitioners' the with we com- associations identity, Palestinian even more

which case

underscored his

petitioner

Bourkan. the In this 2° of

the legitimacy it threatens

historical to the of

the case,

project. Zionist

petitioners The pare case

compeling

presenting

homeland,

resident

membership in its

in according Qa'dan,

seeking the in a group recognition of historic text, the to a

not

are

Jerusalem--

recovering his home

of

in for the historical narrative

done them and purpose people members of pol- their result of the

to

wrong

as a

Qa'dan

turned

presents why

down. petition the possibly

the

of icy seeking expropriating they land,

recognition was of collec-

their

reason

nor are

threatening historical

with

"confuse"

the

who did petitioners

they text not propounding nar- What

tive nothing

a

that the

contains in

memory.

are

that their concerned

guise of

the citizens

to and

in slightest rative ensure

identity.,

identifies them Palestinian with

new such national came

way

as

quality

True,

"good" location.

schools

in educated would be

in

children

expropriated the of partnership land a managing the of land

return in

or a

purchase

apartment

seeking judgments

petitioners the

both to

in further

Katzir. an

than But

this. The it them were

unexpect- presents

text

goes

as,

them.

between

difference

major

but there Jewish is residential

edly,

in

identity accepting

the of the national

Jewish area, a confer-

state,

state

a

as a

Ci•,

Jerusalem's

Old

Jewish Quarter of the resemble

Firstly,

does

Katzir not legitimacy ring

the enterprise," settlement "rural

Chief

to

on or use

specifically

directed

estabhshed

which Katzir for

the

Justice

words, was "the Barak's

panoply petition this was purpose

issue in

the

is entire

as not

the

existed

also Jewish in

Quarter had

identity, while the Arab against

Jewish Agency's of the

"17 petitioners The

have actions.

arguments

no

or

integral,

harmonious constituting

for

1948, centuries

prior homeland to of Their the an "is criticisms oriented

suit past.

the future"--an toward

Jewish,

and hen4e does

Secondly,

the location

is

Arab culture.

of

part emphasized per expression se

that is

the

number of

occasions

in

text.

on a

by

which

Katzir, its those of problems resemble that

very

generate

ideological Apart not from the highlighted of the

petitioners aspects

as

Thirdly, petitioner

patrials.

the

against the

directed

is

and

propounded nature and inthe purpose information have

about

them

text, apart

we no

removal from legitimacy

challenging

of his

the subversive,

Bourkan

in

following from

couple

petitioners attributes: "The the

married who was

are a

presented

the family

in

Qa'dan the text

Quarter. In Jewish contrast, the

daughters. They was living currently Arabs have who Arab

in two are are an

Jabareen

206 Hassan

of Citizenship The Arab Future Israel in 207

conferring

legitimacy

t_h.is denial

identity.

of

Fourthly,

as and

on only Jews The

the most

judgment the

"people," be

in

called

to

are ones

a as

importantly,

petitioner the

Bourkan in

using

the

trial

his

opposed to religious ethnic was

simply others The

to recover

"minori-

group.

or an

a

are

house,

opposed

family, Qa'dan

the

applied had

who to own

Katzir as

to

ties" within

Jewish the

they

and

negatively state,

defined

at most

are

as

purchase

order in

house

built

the to

in

expropriated

land. Arab

"non-Jews."

a

The area Arabs on

of constitute these

"members

part

of minorities,"

Qa'dan The

that narrative

of

"Israeli Arab,"

opposed

Bourkan,

was

possessing to

whatsoever an distinctive

markers as

membership

such of

no

as

a

sought who

Palestinian

present to

narrative.

people

a

language, with their

nation,

high

comprising

percentage

or

own

a

In

the figure

to narrative contrast

of

petitioners the

the meager

in

being population; of

indigenous text the

native, In the

Israel, of

etc. state

or

Qa'dan of

the

Jewish

the

Agency

large looms richly

detailed lit-

case,

recognized: minorities Muslims, Christians,

as a Druze,

Bedouin

many

are

figure

all

variety,

in

its everything

with

erary has

contributed,

it moral,

from

North, the from Bedouin

Although Negev. the

they

all a Arab-

are

history

figure

national possessing

abundant

and past

filled

with

legislation Palestinians, an

judicial neither rulings

prepared a

relate

to

nor

are

legal deeds.

The

readers history its

single

presents text

with

played

that

single them

national

treating

instead a

them to

ethnic small

group,

as

a

as

throughout

starring

role

judgment: the

entire history the of Jewish the a

Recognizing

them

communities. members of

people

given

and

as

a

a

Agency

the

the

of executive Zionist

the

of in rural

as nationality,

opposed movement arm different ethnic

would to threaten the

area

as groups,

settlement,

absorption, immigrant

and of

control Despite the land.

21

the

Jewish of the (Nafa'a view

1999).

nation-state state

as a

finding

court's that

exclusion

the basis nationality of

invalid,

the is

Along

lines,

these on according

starting the initial point,

Qa'dan,

the is

to

made

critical

references

whatsoever

text

Jewish

the poli- Agency's

to finding

no of that the

Jewish Israel

is Jewish but

has state

state,

state

a

even a

the cies parallel,

In

there

reference

all

histor- the

years. over rights

duties to at of and non-Jewish

was in well,

no

respect

individuals

pro-

as as

ical

discrimination

against Arabs

Israel relating in

all in pounded by "indeed, matters to Barak: the people Jewish of the

home-

its return

to

planning

policy.

land and

The

absence of these references

occurred

land

the

values

is result of the

the of of Jewish

Israel

and

state

as

a

despite

the fact

that

for the

counsel petitioners

enclosed opin-

simultaneously

expert democratic

the But

values of the

of Israel an

state

state

a

as

addressing

the ion

the

matter, dearth

housing of

land and

the

on

Jewish democratic and

the

require in among discriminate state

state to

way

a

no

Arabs,

which issue of

the made

whatsoever. text mention There

an

between Jews non-Jews and its citizens. rights equal no and citizens with

are

expression

the of

in historical

the injustice

done text them.

The was no duties of to the

homeland "22 Israel. The in required

state

is

accept to

group

appeared "Arab"

word just

three times,

the in

petitioners the of

findings regarding these context trenchant Jewishness the

of the Members of

state.

themselves.

Were

this

historical

by be

read historians

of

to the text

edge

this have

whatsoever a

the non-Jewish other

in

group

no

groups over

they future,

would

know

whether

there population

not

is Arab

not the when of subject.

Israel

they

this

it this

or

state In

all an

to

comes

sense,

are

historical with

this

in

therefore country. It

roots surprise

that

equal. They

supposed

all the

characteristics state's

accept without

comes

to

as no

axe

the

"we" of exclusively

the

also

is Jewish.

text

Here, this requirement is protest. of all made non-Jewish too, of Israel's

a

"Emptying"

judgment

the

of the

Arab-Palestinian

made

it

residents,

just citizens and made immigrant of all is it presence that

eas-

accept

as

groups

deal

with the ier ethnic judgment, of

the

to starting part

ideolog- the

with

the basic characteristics

host of the

However, does

this

that

state.

not

mean

voiding

ical

of

their from

homeland,

the

expressed

is Israel's

they rights. in presence According devoid

of they

the equal

entitled as

text,

to

to

are

are

Independence:

eclaration

of

values The of the

of Jewish,

Israel rights

these state

like civil

ethnic

nation-state, in condition that

as

a

any

group

a

on

democratic

based,

alia,

right inter

the

of state

people Jewish the

political-constitutional impair demands the do are to

of on 2•

the not

structure state.

independent have

existence

in its sovereign

state." In

of words

the judgment Qa'dan,

The an

adoption other

well in own of

is

sim-

as

cases, as an

a

(2000):

Dr. Orit

Kamir "The brief

'Eretz birthplace

the Israel

statement

prohibiting

ilar discrimination affiliation. the

stance,

basis of

24

was

group on

people' Jewish

the of

therefore facts,

thereby

opinions

It They arbitrary policy negates against the

those of erases administrative

author- out

come

possibility

the

of the

of form existence of Arab

entity national

realizing individuals which ities,

any from personal

their

prevents

freedom. an

"birthplace'

whose

also the

territory

question.

in

this In the right civil-political these the In be had was against balanced

"val- the way, open-

to

cases,

ing

of

Independence

the Declaration

of

sentence

that which

is the of Zionist-Jewish state"

realization i.e., the expresses

of the civil state,

ues as a

by

(ideological)

called

'emptying'

the

of land

the

of non-Jewish right its

conditional made

the some characteristics of the

is itself. Collec-

state

on

inhabitants,

certainly 'people'

and

of other people.'" 'Jewish than

the replaced rights

civil-political

by rights.

any tive recognized The

court

were

Thus,

expected who

important judgment

acknowledge this

the rights--those anyone just of collective

Only to Jews. of Jews the the

set

one

patrials, Arabs

people, members

disap- natives and

of

be

will

appeared "people," contrasted as '•the others" with

who

as eth-

a

as a appear

as

pointed.

resolutely The concludes

that this text land Israel," "Eretz the is foreign

nic and minorities

groups.

Israel of Land

Palestine

Palastina, and only

there that not not civil-political exclu- is

However, rights

granting

the of

self-evident is

not

one

even

right,

historic belongs sive that and "Jewish people." it

the Jewish predicated to the but in recognition the petitioner's that state, the on

Jabareen Hassan 208

of Citizenship The Arab Israel Future in 209

claim

will

Jewish-Zionist undermine

dominance,

not

be

of in it

terms alternative,

allocates

which Arabs the

similar of that

to

status

to

a

land language

control,

Arab

other

potentially realm

Israelis that

is

usage any

or

migrants. And find thus will readily

who will the draw

you

many

contested.

realization The civil-political

of rights

depend

will

Jewish-

following foreigners parallel:

the just

migrants

and on

who France

to

as

came

Zionist

It, strength

and time the

of

be

enterprise. its

then,

noted with

may foreigners,

did un-French,

make the

it

aliens, goyim, the the

the

not

so

the

caution,

that

the

rationale utmost

of

Qa

the

dan and others

is

to

migrants

making the of though

Israel case non-Jewish, in

it state not

are

even

enable

individuals

within

the

of Israel

they

conduct state

their

lives

to

of Frenchness

(see

territory 19).

Shammas •his is z• 1995: But as

is matter

a

an

fit,

interference,

without

long

this

does political- harm

the see

not

as specialty--looking

as for Israeli

models of

comparison

order

in

to

up

come

framework constitutional

of

the This

ignores

rationale

fact state. the that

justification;

with forms of

of have them

the defined

state

many

as a

country's the

Palestinian belong

citizens

homeland

people

to and

shifting thereby

nation-state, the legitimacy debate

pop- a question of

the the

to

ulation, and

that

seeks

relate it them

using only

"umbrella" to the

of to

model, this problem

which of

the lies But exists in countries. in

not

many

civil-political

rights.

This

possible

rationale

makes

it recognize

cultural

to

model, the the but

definition of

of Israel the in

nation-state,

state

very

as a

of population, the

Arab particularly

aspects

sphere, private

long

in its

contradicts the fact definition that that

binational

is

it as

state.

a

a

do these

threaten ideological-political

the

not of the as

structure

Qa'dan state. conclusion, model, the In conception

based which

of the

is

on

fact, And

this

in

the is

the situation in

of Israel.

The Arabs

their

state

"Jewish-democratic" the of the demonstrates

nature state use

state,

as a

an

language

localities, Arab

in

language Arabic and the is of education

at "future-oriented":

involving, Israeliness that Israeliness

is the

an

on one

Arab schools.

The

recognizes

religious

their

regard state with

history

hand, to recognition

only groups the of the and Jews of the past the

peo-

as

personal

religious recognizes

their

festivals,

status,

enables them

have

ple to this land who entitled

self-determination this and

in

in

state,

to

are

on

religion freedom

of

worship,

of and

and forms their of supports culture

founding history, Arabs, hand,

have the other the who

and

not

are no

a

the

Recognizing folklore.

of

realm in

the

religious

Arabs

and

people

homeland

also entitled self-determi- that

groups as

in is

turn to group

or a

different

ethnic

communities

opposed

recognizing

them

to groups, Israeliness this This or "future-oriented" insofar is as nation in it

state.

as

minority, national

does

ideological

constitute threat

not

as a

civil-political rights recognition conditional to of the grants and

an

to

some

national exclusiveness

this land.

obligations

"non-Jewish" over of while citizens, its asks the time it at

same

ideological them Jewish-Zionist "umbrella" of the the accept

to state

as a

According model, this the Palestinian Arabs the of Israel in

state. to state

Ethno-national

Multicultural

States

versus

migrants homeland. their 26 in are

Those that freedom the immigrant of respect states

with respect

groups

symbolic

subjects ethnic-cultural

defined to polyethnic Autonomy The Personal

of the Individual:

states,

are as

as

opposed

that comprise than

nationality, to states

which

"Israeli Arab" "Palestinian in Israel"

more one

are

versus

defined

multinational (Kymlicka 11; 1995: Saban 29-32). states 2000: as

Accordingly,

the

of

Israel binational

is

The fact state the that state. Qa'dan far, rights have the state So related

Palestinian the of a

cit-

to

group

case

differently defines

itself

does

make it The

nation-state. the not

is briefly test

personal

will ter- section, In this discuss

the of tl:te izens. a

autonomy

principle,

ritorial

the Nevertheless, homeland. principle

the "emptying

of

judgment. according

Qa'dan Many Palestinian individual the Israelis

to

the land

giving precedence

and

Jews" the

defines the of to Israel

state precedence Jewish while the does indeed that

national

grant

state as

argue

despite Jewish

the

Arab-Palestinian

state the within Arabs it, implements principle equality

a Jews, nevertheless the presence of the the

it in

to

constituting only

ethnic

within pointed has

been As it. the

rights. group out, whether of civil In this will an consider this fact I

is

in context,

area

difference

between

national

and ethnic

alia,

is,

inter rights group holds

the whether the individual who of the Palestmian and

a group an

case,

the

that former homeland, resident is in

while its latter the

this is In

citizenship equal

not. Jewish Israeli indeed those of his

counterpart,

to

are

of the despite Jewish, Israel is the Arabs state precedence who "came and case, by despite enjoyed population the collective of the the

migrated" "Eretz Israel'--the Land of Israel--because to function the

majority.

national

which

determines

that "people"

Jews the the

who

here arrived

earlier

legal Qa'dan embody

of The rhetoric and model civil are

in outcome

a

that

place of

is

time, and abode territory. the in

the not

At

most,

which the Arabs be included future-oriented form of Israeliness.

in or

very

can

a

territory the "Jewish people"

nation," "Israeli

but create

identity Israeliness, may this the Arab's national

be drained In not

a an or

must

at

away

people" "Jewish

that

Jews,

includes all

those who

resident

identity negated. a required the not demon- This

time is

it is

even

to are

same as

so as

Consequently,

territory.

in the

absence the

of recognition Pales- of the

loyalty Loyalty variety basic values of the of this Zionism.

any is

strate to

not

Arabs tinian

of

people homeland the

only

part

and

leaves

loyalty

loyalty values, shared neutral civil as rather but group normeutral

to to one a a

HassanJabareen

210

of Citizenship The Future Arab Israel in 211

ideology

the (Yiftachel, toward

Arabs Ghanem, and Rouhana 1999/2000: personal

Jewish of the of the

Jewish individual. The individual

autonomy

67-68; Rouhana

Ghanem and

1998;

Smooha 325-326).

1993: only The

fight example, need, language does for

for the of Hebrew

the

not to status

thing

satisfy that demonstrating will

is it

identity,

national

which

does

culture and Hebrew by Israel the of these assured because

in a the

state

are

legitimacy.

obviously

Of its not

This

is contest

loyalty

question

the not

supportive provides This to Jewish

the environment a individual's

state.

per-

state--nothing

like

this

be

found

is

reality Israeli

to in because

of the lack

multiple

Things possibihties sonal with

of choice.

dif- autonomy

very

are

of

distinction

between

Zionism

and

Israeliness.

any

And clear

is that it required struggle individual, ferent for Arab

who the

for collective

is

to

the Palestinian

identity,

national by which

definition requires

rights personal

Nevertheless, order broader in autonomy.

to

an

secure

acknowledgment

of

history,

the

of

past, of

collective

his- of

according Qa'dan, integrafionist

model of the

himself he will find

a memor• in

to a

a

torical right

the of

of

legitimation

the wrong, return, the contests

of

ideo- setting, different cultural

which

instances constitutes the in

many

nega-

logical

foundations

of Consequently, Zionism.

the

integrationist

model of of his Palestinian. culture tion

as a

Qa'dan, seeking

stability

the of

these

to foundations, Zionist secure Supreme Mahameed before

In the the

Court the concerned issue

case,

requires

these

of

renunciation

Palestinian

elements,

which be rights between of the the the his to connection Palesfinian individual and

are

replaced

by integration

nonthreatening

identity, in

devoid

of its rights.

al-Fahem,

petitioner, cultural The 29 and resident of a citizen Umm

own

a

history,

past

while the

identity this

time supposed at

is or graduating accept Islam, laude from obtained B.A. Arabic studies and same

to

in

a cure

history the

of

the

Zionist side. 27 other In words,

the

identity Arab's An-Najah being accepted University Nablus, is Bank. West After for in

a

required Arab-Zionist,

be

but because to

Zionism does include

the

degree University Ramallah, Bank, not second this Bit West in Zeit

in

at

area

identity Arabs,

this

will the form

of

the "Israeli Arab"

instead of prohibiting respondent

restraining from entering the issued order assume

him

a

the

Palestinian

who (see Israeli is

citizen

312). Bishara 1996: The grounds belonged Arab

territory petitioner the of the the Bank West that the an

on

required

is demonstrate

that

he

stepped to has back

distance leadership,

certain

security risk and therefore constituted "to the Hamas the

to

a

a

from identity,

his

ideological national lest

positions be attributed him, region." respondent deny

petitioner fact that of the The did the the to

not

which

will him

Palestinian

Arab. identity

His

national expose the questioned is

concerning arrested his as involvement a

in

any

was or never

laying

motivation and the

for

down loyalty conditions

of

of the political parallel,

activity,

does have record. reason and that he criminal In

not

a

stipulated

Qa'dan,

type

hand, in the

also is the

which prejudices argued petition, alia, petitioner that the his the order

inter on in

one

reason,

requires

him

opposition in

it, the to

other act hand. The to

particularly Arab

right indi- given studies, his the fact there

his that

continue is

on

to

no

vidual

the

within framework

cannot, of model, this

identify

provides Arabic-language with the facilities university Israel that his in in

aca-

longings

people.

of

his

acknowledged affidavit,

petitioner demic field. that he reli- In his the is

a

In

personal the contrast, the of Jewish autonomy

individual ben- will political factions,

gious without that friends and his interest in

person any

efit from

broader

freedom

choice. of

enjoys He

diverse

of An-Najah University belong explained

the Hamas He

to

movement. at range more a

allowing

options,

him Generally, be

"himself."

Jewish the

to individual's pohti- the university that the

West Bank known for the

campuses

on

are

ideological affiliation,

with exceptions,

does him the with taint practically of not cal the Palestinian and the activities various rare

movements,

threatening

suspicion of

the

the of existence project,

the body belong Labor,

Meretz, student these

very entire

movements;

to

reason

no or

being

through

that,

his

he embodies project's the

Jihad, there, Fatah,

intrinsic Hamas, very Islamic be found but instead th• presence, Herut

to

are

goals.

Accordingly,

instances, in

ideology the

Zionist does most religious Popular others.

Front, Front, the, and Because Democratic he is not

a

significance attach

great Jewish

the individual's

ideological

to

Marxist, secular who attends and the aspects

not not

mosque

person,

on a cam-

because,

far

concerned, thing is it

the

main Jewish religious is that

individ- for friends

involved natural his be the as it in as

is

to

pus,

more move-

ethnic ual's

affiliation.

This

enables Jewish the

individual enjoy

friendships broad imply However, these that he involved

to in is in

ments.

way

no

freedom self-expression: of

action and he Zionist, be illegal

non-Zionist,

Supreme petitioner the declared. justices

activities, The Court may

anti-Zionist ultra-Orthodox (haredi),

leftist,

right-wing,

rejected ruling, they and hand,

petition just lines, his of few that extreme

in

out

so

saw

a

In the

individual, Arab

contrast, because his of identity,

national grounds respondent's on. interfere the decision. is 3° in

to

no

required

like

Otherwise, Zionist. to conservative

act choosing and he if petitioner option the did of

the have the

From

a outset,

not

even

left-wing be

Zionist,

suspicion

the to

will

that studying studying appears position the arise university university between Israel a in

at at out-

or a a

adopted has been

because

of his affiliation, national

and because field, of

option, academic had given just his side the he i.e., not country;

to

one

ideological

his

beliefs.

2s

study university,

Arabic which does the of Israel. exist in

at not state

an

Furthermore,

the which single

itself state, goal--the

opted study self-determi- sets

university

if he had another outside West the

Even

to at a

people•is Jewish of the nation assuring the

rights collective

helped him, because of the Bank, this would Arabic have all the

universities per

not se

Jewish individual, thereby providing

cultural

political Egypt) supportive (in environment Jordan culture, for the known their in

a or area are

HassanJabareen

212 of Citizenship Future Arab Israel The in 213

by, which acceptable favored is neither

the political dominant sphere from of Israel, individual the cul- to, definition of the ethnic arises

state

nor

Moreover, Israel.

in neither

he did being have the ture rights option

only.

of majority Hence, confers

which national the in

group my an

on

"Israeli An-Najah University,

Arab" identity this policy perceived at implement principle since

opinion,

is of antidiscrimination also fails the

to

there unacceptable.

and only suspect The option

sphere petitioner the equality

the the individual of recognition absence of as in in to

open

any pos-

An-Najah University, given prevailing the at sociopolitical Palestinian rights. equality, recognition i.e., of collective itive

culture,

make choice social

acceptable that

to

problematic by

(2000) of

in the

Gavison of the Ruth created is

situation context was

a was

aware

Palestinian Any culture. other choice would accepted have Qa'dan sphere rights. been there

assuring the model the of collective She critical

in not is

However, normalcy

normal this

approach constitutes aberration ignores of

of the which she differ- the national in extreme as court,

argues,

an

the of

culture. Israeli

The

of whole Palestinian policy locus,

of doubt, this and for "national blindness." There in

eyes opts is in

space

or

ences a no

instance, surrendered Israeli culture. this And

petitioner differences, in opinion, of lost that failure take the

the national to

to account

way my

as

his chance his academic studies. discriminatory against to Gavison will the situation

perpetuate

pursue

argues,

philosopher of

The thesis

Canadian Kymlicka policy Will identifies those justice close which denied the of of "national

tie in

groups

a are name

a

Ne•ertheless, between individual's the capacity

make personal choices his also suffers from and Gavison's the blindness."

to criticism

same

hand, the

membership autonomy cultural his and

logical equality." policy of "blind She that the also

the other. flaw

is

too

on

one

argues sup-

on

membership cultural This provides the provide supportive posed Jewish-Zionist setting, expression enables uniqueness, which of the state's and

to

the shape individual

and Kymlicka his realize "providing possibility th• choices. (1995: 105) Jew Israel hence the who wishes live to in

to to

so

following

the makes observations

locality necessarily about the between Jewish the unwarranted discrimination." indi- connection in is

not

a

rights vidual's collective and the by Jews given suggestion that the the impression The Gavison's is in context: state

founding which,

comprising national

minority, of Israel

also

group are a a

[L]iberals recoghize importance should membership people's the of justifies rights special in their

unhesitatingly, require-

assuring the of exclusive for

culture, societal

enabling plays because of the meaningful

role it indi- in

apply own

alternative without distinction her Gavison in tries

to

terms ments.

self-identity. choice and

vidual

supporting

(liber- in

While the

members of

weight national-majority and

and a

between

of dominance

group

a

a

alized)

longer

share values moral nation they life, traditional of

no ways or approach

national-minority

rationale,

ignores

which This the basic

group.

deep

language

still have their attachment [Na]tional

and culture

to

a

own

rights This

underlies the of

granting exclusive of

minorities.

to

groups

identity

sphere" lies "outside the provides that

normative foun-

it

secure a

camouflaged policy involving

dictator-

seeks rationale

to counteract

a a

dation identity. for individual membership and self

autonomy

Cultural

pro-

ship

majority. coincidence that international law has fit of the It

is

intelligible vides no seen with choice,

identity

of

and of

context

us an

secure sense a

opposed rights

minorities, of dominant relate the

to belonging, to to confronting and groups,

that call personal questions in as as about val-

upon

we

sought

lay rights, democratic exclusive and have

constitutions

projects. and to 31

many

ues

language special protection for such the of down minorities,

in

as area or

according Qa'dan It would

that model, the Jewish personal of the will be maintained affirmative the The action.

to

nature state appear auton- as

self-identity and of privileges special legislation, Jewish the Arab equal, other individual need for for

accorded without

omy not treat-

any or are no

Jewish of

with danger approaCH the that individual Many the culture dominant. The this of Israel. because this in ment than is in

state

reason

Sammy researchers, such (1999), twilight Smooha

legitimation (1998), Gavison the confers Ruth which will

concealed it

Yoav in is

on as zone, a

(2000),

problem (1998/1999: Ilan Peled and dictatorship Saban 79) despite majority. fundamental of view, that the

ethnic-

lead In

its

to argue my a a

Jewish precisely ity, the relating rights degree, Supreme provide

marked decisions Arabs' lies firm foot- Israeli Court

to state

in to to

manages, a

a

civil-political

rights for ing national-majority the they the with of

individual. the in of Hence the that relate

in

to

group group area way as a

some

possible them special that "Jewish" justifying it special needs, examining reconcile the is with without the "demo- issues to treatment,

argue

on

approaches However, cratic." provide relationship. these majority-minority fail of •2 the basis

the

to

to

ques- answers a

rights whether these individual tion principle practice into the to put

as

equality of Jewish between individuals prob- Arab and individuals. The

Conclusion

lematic character

these studies of be found is the first in is to

two areas:

dichotomy perception of the between the rights; and individual collective

while the the homeland second and they chapter, involves tried the relevance of this

the have main the relate In that I examine to to

way one

rights

of

who Palestinians dis- the group's Israeli that national The civil its existence. minority citizens ethnic negates in

state status are a as

an

indigenous inhabitants. homeland the of whether rather than focused

the it this As made has

issue clear of the cussion is

in

part

not

group, as on on

equality article, of the "Jewish" civil-political possible expressions and practice the lack rights "33 of reconcile the "democratic. in the in is two to

HassanJabareen of Citizenship 214 Israel Future The Arab in 215

English being

As indicated England

this involved fashion- and presentation, in

insists in

passport

Israeli

have

attached critics most

on on an

no

weight

including symbols English identity by distinction

between Pakistani and Muslim national

ing ethnic minority to

homeland and

a

an

a

minority. English nationality. responds has blurred This language distinctions, aggression the shifting Shammas this

and

in debate the to differ-

to

a

fundamental question, "Buli, which understand addresses

follows: the like does the basic the ent minute

ethnic of minorities not

status you as a man

blurring in England This nation

has Pakistani who and the Galilean led difference between the

state. which situation characteris- to in to a

comes a

of

the tics of presented generations, for untold then do Israel what

who been Fasuta characteristics

has in

state of want

nation-state, you us are as a

though (de facto)

"34

binational talk about? it is

Palestinian and

state, to citizens even a

are

presented

minority ethnic although

they

homeland

as group an are

a

This, then, minority. explanation

the

of capitulation is the of the

to source

hegemonic dialogue, the dialogue

dominant the having created

model

a

itself, for

presented which

is

normal of model

similar

type to stan- as a Notes

a

dard models

democratic in

countries, model i.e., of nation-state

many

a

a

containing

ethnic

within dialogue

minorities

The dominant it.

has also

helpful following people for and Sam- thank the their assistance: would like comments

to

ordained

this that comparison

lying

defined

Almog, constitutes Shamir, Jamil Shularnit Yiftachel, Dakwar, Saban, the within Ilan Ronen

Oren Esmeir,

a area era

responsible Rosenberg. solely

dialogue. for the borders of Nicola, Gadeer

Gross, and Rina of the am, course, con-

chapter.

of the

tent

order dialogue, subvert In this different to kind of attitude is

a

required:

refuses that degree discuss the of

and

to

tolerance

one

openness

(P.D.)

Qa'dan Piskei 6698/95, aL Din (H.C.) High Israel Lands Administration Court

et

1.

"Jewish of the rights

state" of liberal "non-Jews," in of respect but instead

(1):

258.

54

focus

strives

the relevance

that relating

of to

the

arise

must

approaches out

to

the by critical that seek on

influenced Such is

examination to 2.

expose

nar-

an

homeland founding

judgments, that by

the analysis and how people. of revealed judicial is in

of the rhetoric writing, of

group ratives

group

as process a

a

reality. shaping research, Brooks and of

judicial On this approach

influences the writing This required

ability, because of

is least, its the see

at

to

very

pose

Sherry Almog

Delgado and 1993; 2000. Williams Farber 1989; 1987; and 1996;

Gewirts

different

question:

definition

of is the

the

"Jewish"

state

state

mat- a

as

a

a

played role the

practices, major homeland, and of has in "The

concept 3.

set

per-

as a

of

violence"? "cultural

ter

by

against alien rulers

of assimilation domination against of

threats

sistence

groups

or

presented violence,

This

article, this embodies

in

negation of the

associated identity with and formation is ethno-national mobilization as and cultures

a

national homeland of the ethno-national history, existence

the which collective specific the ethnic homeland around territory This territory. is

group,

memory,

by ethnicity, held reproduced.... noted, Homeland identity acknowledgment framed and is demands for

is of

historical the groups injustice

suffered, has as

it

identity history."

and they

be the cradle of their territory reside the

believe

that

to

language,

on Instead,

and relating

it homeland the

to proposes on. so

group

(Yiftache12000: 359).

ethnic words,

In other

this asking

"cultural violence" that

is

group.

as an

"Minority people committed

themselves

also Brown 1997: 85:

347;

Minow 1997:

4. to

see

people

the of be

turned

immigrants

into of

status home-

its in

hegemonically rights],

functioning

reification [for struggles a one attain

these

not to own

some

asking addition, land.

In people is this of repatriation it Jewish bus, surrender leading the front of the

treaty- false but in consciousness, national to seat

to

to

vineyards,"

citing guaranteed the lands, card "supremacy." into

sacred

union relevance

The to "cultural

of

violence" grape the carry demand for

or is

a

Aggressively."

"Taking Rights

Jr., Williams,

Robert A.

change

fact,

the actual

of the in in Palestinian

status,

citizen "Israeli

as an

parallel patriotism the

that drawn between

noted

that the is symmetry should be

5. It

non-Jewish of the

Arab" migrant

Jewish the

to

In status The Pales-

state.

a

misleading. of patriotism

of

The hoineland and that of the dominant

is

group group

non-Jewish

Anglo-Israeli the

and tinian

supposed citizen

the

accept

to policy oppression discrimination, and desirable of homeland

is are to

response

group

a

state's values and Zionist identity seek their nondorninant national for members of the somewhere else, of constituting empowermant to instrument

group,

Equality, principle equality dignity. this seeks of of

and in the not context, "Jewish the outside homeland." the

opposed However,

outcome

the civil to

status

as

members with

homeland and relate the of the its detract

from

to to status

to

group

Englishman,

non-Jewish the of

these values

the

neutral

Pales-

not to

are

underlying

declarations dignity, the international and the rationale hence is

respect

or

identity,

tinian's but rather furthermore, existence, its and

negate the

groups' self-determina-

of such recognition

the

the international conventions

and

on

has Palestinian

living

his homeland left but

dialogue still The

is not in it.

nationalism) opposed

(as Consequently, consti- patriotism of this

to

tion. treatment

terminology authors between (Buli) rights. of Yehoshua A.B. the representing of human In conception fundamental of the the "liberal Zionist" part

tutes

fact the

rights but replaces patriotism, of in "rights," of the concept concept the Shammas, and village from Anton Galilee the

Fasuta, group

throws stream of

different perception

and with

the

reference is

to

names. same sharper one degree

relief

of "cultural the into aggression"

of the

dia- Zionist

dichotomy, outlining differences between

of the which of the in

6.

terms

am

aware

am

logue

of the Palestinian the

Yehoshua, in like citizen.

Zionists,

eyes

many

helpful

dichotomy the managing

this

However, be in

the

to

over- two see can groups.

parallel,

draws

which the

time suggestion.

He

at sharper relief. obvi- It throwing

between the is a the differences encompasses into picture, same

all

a

groups

civil-political

seeking Shammas's by the relate also

insistence demands the homeland his recognition of of the national-

that

to compares groups

some ous on

struggle. hand,

the

On the other point of the focal their domain,

but do constitute identity Palestinian not

the Israel of in with who Pakistani

state to a comes

217 Israel

Citizenship of

in Arab The Future

•abareen Hassan 216

judgment.

Paragraph of the 4

18.

rights

struggle

dichotomy civil-political self-determination between the for

and also

is

judgment.

Paragraph of

the

4 19.

problematic,

Moreover,

the other.

and related

since in certain

sustains is

to

cases one

(2):

800.

of aI.,

P.D. 32 Finance

Bourkan Minister et

114/78,

H.C.

20.

v.

immigrant protracted that,

residence, because of there have relate

to

groups

are

policy, come

land

Australian

in

discrimination

anti-Aborigine

of

history

On the

Dalai 2000.

21.

struggle struggie by French-speakers

national

their minority, such

in

to

as

injustice

acknowledged

the

judgment, which Queensland

Mabo

Australia's of.

v.

(2000: 19) Canada. Ilan

that Saban practice,

and circumstances in

notes

too

cases

are acqui-

recognized of

forms

their

and people

of that

indigenous country

inflicted the

indigenous/immigrant

on

dichotomy diverse be combined of dis- the

in apparent

to

2000. Shamir

in

sition

indigenous/immigrant The

characterization of the tinction.

"is the

in

present

eye

judgment.

Paragraph

of the 31

22.

simple chronology,

psychological beholder." but and

It of

rather his- is

not matter

a people.

Jewish

loyalty

As the

who is

required to citizens

of Arabs loyalty the

The 23. are

performed

of torical combination the comparison

basis with the char-

continuous

perfectly

clear

in

made chapter, this

is

of this second

part the detail

in

show

in shall

of

perception community.

the other

acterisfic

legislation

of this is illustration to

Supreme

Court. An

the rulings extreme

of

and the

philosopher,

widely

Kymlicka 14): (1995: the words of the

Canadian Will "It 7. In

is

political now of

list

prevents

The Knesset

Law. (1)

of the Basic (A)

7

i• found Section

be

(though

unanimously) accepted immigrants

should be free far from that

maintain

to

of the "the state existence rejects list

if that

participating elections in

from

candidates

food, regarding religion, dress, of their each

and old with

associate to

customs

people."

Jewish

of

the

the

of Israel state

as

longer

unpatriotic practices.

other order these This 'un-

in maintain is

to

seen no as or of

example limits

of the

excellent

also

Re'era, which

is

exampte, of

the

for See,

24.

case

distinguish diversity

this from of important

American.' of cultural But it is that

to sort

right

choose

the

Qa'dan about

If to

Jewish

a dialogue the

rights

state.

in civil

was the

Immigrant 'nations,'

do national and home-

minorities.

not not

groups occupy

this

(Arabic

are

language in right

the

about

Re'era to

the

residence, of place

use

a

was

case

family primarily voluntary

manifested and

lands. Their distinctiveness their lives

is in

Ltd. Engineers,

Natserat

Contracting

105/98,

Re'era

H.C.

v.

of choice.

basis

case)

the

on

They integration. and with their institutional still associations, is inconsistent

not

par-

(5):

189. P.D. Municipality 47 al.

et IIIit

public speak

cultuxe(s) domi- ficipate within the of the dominant and the institutions

(1995).

Shin-tunas

discussion,

detailed

For

25.

see

language(s)."

See

Baker

also 1994.

nant

the

and

citizens

Palestinian parallel the

between

drawing

in reservation major

The

26.

Washington April

Times,

1998.

8. 26

Arabic lan-

of

the

of the

the

status

attaches issue migrants

non-Jewish

to of the

status

June

Ha'aretz, Times, June

New York 24 1999. 1999;

9. 23

of eth-

original

mother

tongue speaking, generally the

because,

This

Israel. is

in

guage

of Palestinian

major positions

The between the "liberal-Zionist" trend the and the

10.

gap

the host

language

country.

official

in recognized

migrants

is of

not

nic

as

groups

upshot quality

the

of the of the of toward and attitude

minority the Zionist

is

treatment

the

hand,

given

other

special On the

Arabic

Israel, has status.

of the

in However, state

a

shall minority minority, and homeland minority

Palestinian ethnic

not

the of as attitude as an a indecisive

the and

handed gov- down

been which

rulings, have judicial

disparity explain subsequently. explain

possible positions the basis,

On this

in

it is

to

considered

be

to

differentiator this language,

Arabic

of may the

the

status

ernment to

subjects

public Jewish-Zionist

the Palestinian such minority between the and

as

over

differentiating

factor.

primary

anything than other

be

a

nonmilitary) example.

military

also

(alternative national for See

service,

service

institutions,

national or Zionist

Arabs

of in

inclusion the

manifest when it to This

is

27.

comes

Jabareen

2000.

plays.

It

function

it of the

critical

aspect a can is

the

institution

of identity

the

where

achievement," Ha'aretz,

Jamil 15 Dakwar, March 2000 "To what is it

11. extent expression

the where

ministries

government and political positions

in

be felt in also

(fall 2000):

(Hebrew); Editors, Adalah's "Introduction," The Review 5.

2

Lands

Ad- Israel

the

the limits, such

national

based

"them"

army,

is

and

as

"we"

on

fight

distinguishes right equal

between "the treatment" and '•the

Dworkin

12. to treat-

to

and

affairs foreign

striking the

(this in

is

police, committees

Knesset

the ministration,

goods,

equal equal." former, of the entitled distribution

In the

citizen is

to

ment government positions in

as an corporations,

senior

government committees),

security

some

opposed

latter,

which

the

here that the anfidiscrimination arises,

and issue

is it to

2000. 1999,

Jabareen as

this

judiciary, On

matter,

including

the

etc. see

organs

attitude of benefits,

distribution of burdens and but rather the relates

this

to

not to underscored this

judgments have of

number

highest level

in

rulings the

Judicial

28.

on

equality.

believe this what involves the of As

and and is issue

respect

group

"...

observed:

concern, opinion

minority

Cohen in

even Halm

Justice

Yardor,

approach.

In

right,

right equal,

the

(1978: 227)

which

Dworkin "the

it, is

is it puts

treatment

words_and

to

again, as an

in and

time

repeat time Jews who

of

that

when

it

to

group

comes

treated with benefit,

of but be

the distribution

burden receive

to

not admit- to

has General or Attorney same

learned

the

the recognize state, they

do

that deeds,

not

eise."

the and

respect

from

preventing them

anyone

concern as

same consider would

question, that

ted,

in

one to no

my response

principle

"group example, adopted ruling of

for which Brown, the

13. The American

in

1/65, H.C.

wish." they if

elections,

the

Knesset

candidates in

of

so list

presenting

problem Indians and Hawai- the native

blindness," American

raises serious

In (3): Ben

380. 365, among

19 a Committee, P.D.

of Central Election

the

Chairperson

Yardor

v.

instead

of they

according

treated minorities be racial Brown

ians,

since

must opinion that

to minority observed

as

in Levin

and Dov Elon

Menahem

Justices

Shalom,

eliminated the

their result, foremost,

national institutions

As autonomous

and

and, groups. on

first

values loyalty

Zionist

demonstrate

to list

electoral

must

an

Canadian

for grounds racial the

they acting segregation. 1969, In that

(4):

211. govern-

P.D.

43

Committee,

Central were as Election

Shalom

2/88, Ben H.C.

of

Return.

the Law

v.

proposal

dropped

requiring basing Brown, the rationale the in

arguments (haredi) its

ment,

ultra-Orthodox

of

demanded

non- been

requirement

has

this However,

never

Supreme

Canadian spirit,

for

the Indians. In the the protection constitutional

parties do

these opinion, that

same

is

The parties. in and

my reason, movements

Zionist

of rights Thus,

legislation

granting the

exclusive the Indians.

overturned

Court

to the fact,

In

of Jewishness use

the state.

the

which

threatens

other,

Arab

the

represent

not

equality

justified overriding for policy these the of claims in

antidiscrimination

the and

majority

Jewish

strengthens the cases

ultra-Orthodox

of the

per

se

presence

very

(S.C.R.) Drybones Supreme

[1970] Regina Court Review

diversity.

of

the basis

impor-

based the

group Kahan Justice v.

judgment,

on Zichroni the In

of the

Jewish

aspect state.

Kyrnlicka

1995: 58--60. 282;

expressing

the identity of

the

but person their content,

positions

of not

on

tance on

judgment. Paragraph of the

10 14.

settlements

in

opposition the

containing

to

",. statement

that

observes He

them.

a

originally belonged

locality

the Yunes

of the Katzir proporlion land considerable

of

to expression 15. A

legitimate

Region constitutes

and Gaza

the ,

of

the

area

village Editors, Adalah's Review "Introduction," 2: 2.

of See family The

(i.e., from the Ax'ara.

state,"

good

of the

for the seeks who individual

by

made if

opinion, is

it

judgment. Paragraph

of identified the 7

16.

personality who

is

punic by said

words,

when H.J.)

the '•out

Jew,

a

same

Paragraph judgment. of the 28 17.

Citizenship of Israel 219 HassanJabareen The Arab in 218 Future

Identity.

Constructing Identities and Israeli by LrLflammatory the and the We: of the PLO, ed. Between Me subversive the residents with the have and 1999.

area can

[Hebrew] Jerusalem:

Broadcasting 243/83, Institute. of Authority, effect•..." H.C. The Van Leer Committee Zichroni Board the

v.

the Law' Rhetoric Gewirts, and in Law. (1): judgment, eds. 1996.

Jiryis loy- Stories: Narrative petitioner Brooks, Peter, and Paul asked declare P.D. 787. In the the his 757, 37 to

was

University Press. alty ideology Haven: Yale proving condition that he had ceased believe New the Zionist the in

to

to

'Jewish "Rights Identity Modernity: Revisiting Ques- the Wendy. 253/64,Jiryis Haifa and Late (4): Brown, 1997. in Commander, national Arab H.C. District See 18 673. P.D. way.

Rights, Kearns, and Thomas R. Identities, Politics, 85-130. and ed. Sarat tion.'" In Austin also Shamir 1991.

University Michigan of Chief 1964/00, of Press. Commander H.C. Mahmoud Maharneed the Ya'alon, al. Arbor: IDF 29. Moshe Ann

et

Democracy: Abilities, The Lib- (unpublished). "On and Autonomy, Jose, and Peled. 1998. Central Brunet, Yoav Division

Jewish

StatG

Critique." and ed. Multiculturalism Democratic In in argued Multicultural interesting petitioner, that of the eral 30. he It that respect is constitutes is in it

a

Publishers. Tel Sagi, Shamir, Ramot

Ronen Mautner, and 107-131. Aviv: leadership. because of However, Menachem rity Avi risk he the Hamas he allowed is part

to

was

[Hebrew]

Supreme freely

about Tel and Haifa and be Court Aviv in

present courtroom

even

Guest,

Reading Qa'dan The the Unread the Decision: the impediment• Dalai, 2000. "A in in entirely Marwan. without restriction

or

Judge•" Adalah's Review 2: 44-49. and the House, Margalit 93; See also and Halbertal Brunet and Peled

31. 1998: 1998: 107•

Oppositiohists

"Storytelling Plea for Narra-

for and Others: A Delgado, Richard. 1989. approach, judicial ruJ.ings found and Gav-

would this is It that it in 32. in various a

appear

as

Michigan Review 87: 2411-2441. 'dve." history Law originates history Jewry of historical that the

world view the ison,

Ln

sources as

Rights

University Harvard Seriously. Cambridge, Taking Mass•: Ronald. 1978. Dworkin, Jewish resulting

historical

sovereign of within absence of minorities in states, expe-

an

Press. majority national The first and

how behave democratic

rience in in

state.

to

group

as a a

Essay

"Telling of School: Sherry. Stories Out A• equal- and Suzan•a A., 1993. recognized Daniel Farber, only--at Supreme wri'dng--petition

the of Court which the time in

Stanford

Legal Review 807. Narratives." Law 45: approach) opposed Adalah antidiscriminatory (as domain ity

the is in

to

group v.

Challenges Multicul- and R•sks." In

Jewish

and State: "A Democratic principle equal- Ruth. 1998. Gavison, of Affairs Religious al. of this the Court held In that the Minister

et

case•

Sagi,

Mautner, and Ronen

Jewish Menahem State,

and ed. Avi Democratic

turalism in applied allocating budgetary

peti- the Here, when ity be cemeteries. is to to

resources

[Hebrew]

Publishers.

Shamir, Tel Aviv: Ramot 213-278• mortal,

Jews all

choice other than that "the Arabs and the had

tioner

to

argue are no

Adalah's 32-38. "Jewish Democratic." Review 2: and equal dignity subject 2000. they and

be buried with of and have need the cemeteries to

Equality."

Civil

Oppression of

of

Identities the Name

"On the in Jabareen, 1999.

Hassan. 1113/99, Adalah Minis- exclusive

need of another." H.C.

death

is

not

group

v. one or

Adalah's 26-28• Review 1: Affairs regretful only (2):

with of the Religious al. that

P.D. 54 104• is connection It in

ter et

Approach:

Citizenship, National-

Minority Palestinian Critical

"Towards equal

2000.

granted needs recognition between far been the of subject of death has issue

to a

so

[Hebrew]

Israeli Law." Plilim 9: 53.

Legal and Feminism in Supreme ism, politics decisions, of differences Court Jews and On the Arabs. in

see

Strange Declaration Tale of 'The The 'Declaration' Has Two Faces: "The

2000. Kamir, Orit. of Rights Israel, Adalah, 1998, Minority Arab March in 23-29. Violations

Mishpat

Iyouni

State.'"

23

of

Declaration the Democratic and 'The They the State' of Zionist widely Israeli scholars. pairing Jewish that debated democratic and is 33. is

among

[Hebrew]

(2):

473-482. legal-political dialogue of perception managed the around the ethnic have

create to

Adalah's

Brutality

E1 Fahem."

Um Julia. Confiscation

and Police in

"Land Kernochan, 1999.

being hand and "Jewish" the key which Israel,

of the issue is its in state

state

one on

possibility

Review 1: 49-53. of They argued genuine that there "democratic" the other. have exists

a

on

Citizenship. Clarendon Press. Oxford: Multicultural Kymlicka, Will. 1995. acknowledging the inher- "Jewish" while reconciling conceptions, and "democratic"

Right

Culture." In

"Liberalism and the

Margalit, Halbertal. 1998.

and Moshe Avishai, to dichotomy such point here that the is in

contradictions. The main is

set ent way

up

Sagi,

Mautner, and Jewish

Avi and ed. Menachem State,

Multiculturalism Democratic

in problematized) "Jewish" (rather the defined than

that the Ziorfists have state state

as a

[Hebrew]

Publishers.

Shamir, Tel

Ramot 93. Aviv: subject Ronen of making accepted value, the

face rather than

democratic it and its

at

nature

Rights,

Politics, and ed.

Identities,

Differences•" "Rights In

Cultural and 1997.

profound, Martha. Minow, bring bear trenchant study. and the that the True, their criticism critics is to

Michigan

University

of

Press.

Arbor:

Ann Kearns, R. 347-365.

and Thomas

Sarat "Jewish" AustSn dialogue: of within borders and lhnits this still

the preset but remaLns it

ver-

Machbarot Adalah 1: Druze?" "Justice Comment: Who is

Zamir's Nafa'a, 1999.

Hisham.

"democratic." a

sus

[Hebrew]

18-20.

Sllberstein

1999. quotations The in 34.

appear

Theory Israel." of Utopia: Palesti.rdans in The Civil "Strangers Status in Yoav. Peled, 2000.

[Hebrew] and Criticism 3: 4,5.

The Ethnic States: of "The Crisis Minorities in Asa'd Nadim, Ghanem. 1998. Rouhana, and

of Journal Studies 30:321-345 International Middle East IsraeL" PalesO.nian Cit£zens in Case of

Paradigm." In Seven of Option References of the the Zionist 1998/1999. Limits "The :Dan. Saban,

Ostzaki-Lazer, of for ed. Sarah Israel, the Arabs Options the Status in Theoretical Ways:

Research. for The Institute Pappe, Peace

Ilan Givat Haviva:

Ghanem, and 79.

Asa'd

Apartheid, Struggle Against

the by

Other Means: Law in Richard Politics Abel,

L. 1995.

Divided Societies•" Deeply Legal Democratic Status of Minorities in

2000.

"The

Routledge.

York:

1980-94. New

[Hebrew]

of Haifa. University

J.S.D.

thesis,

[Hebrew] Jerusalem:

and Literature. Nevo. Almog, Shularrdt. 2000. Law

Cambridge Cambridge: Theory History. Uni- Territoriality:

and

Sack, 1986. Human

Robert.

Rights. University of Group Judith, Toronto Press. ed. 1994. Baker, Toronto:

versity

Press.

Theory

and Minority Israel." Question of

the Palestinian "On the

in 1993. Bishara,

Azmi.

Rights." Speech International

and "Legal Discourse, Media Discourse, Shamir, Ronen. 1991.

Criticism 3: 7.

of

Sociology 18: 45. of the Law

Journal

Dialogue."

Zionism: Split A

In

Reflections Political

Israeli Arab: in

1996. "The

Aclalah's

Family." Review 2: 27. Qa'dan Past, and the Future 2000:

"Zionism

2000.

Barell, Boker: Ben Sde Pinchas Ginossar Contemporary and Avi 312. Controversy, ed.

[Hebrew] Negev University of the Press. Gurion

2201HassanJabareen

'Palestinians,' Shammas, Day After: 'israelis,' "The 1995• and Other Innermost Anton.

Thoughts." Yagnes, Crossroads, Rekhass In Arab Politics in Israel---•t and ed. E. T. 19.

University. Tel Tel Aviv Aviv:

Knowledge J. Silberstein, Postzionism Debates:

Israeli Culture. La•rence 1999. and Power in

Chapter 12 Routledge. New York:

Anthony. Cambridge Cambridge: Smith, The Ethnic Revival. University 1981. Press.

Sammy. Cleavage." Smooha, Democracy "Political Culture Israeli 1993. and Social In

Sprinzak Larry

under ed. and Lyrme Stress, Diamond, Boulder: Rien- Ehud 325-326.

THE TRANSFORMATION

GERMANY'S

OF

Publishers.

ner

ETHNO-CULTURAL Option: Democracy--a Jewish-Democ-ra- Quo 1999. Status Israel Ethnic "The IDIOM

Ways: for of Options Sarah Israel, State." Seven Theoretical the Status the Arabs ed. tic In in

Ilan Osatski-Lazar, Ghanem, Pappe, for Givat Institute Asa'd and Haviva: The 23-77. The

of Ethnic Case Immigrants German

[Hebrew] Research. Peace

Philip Rights Politics, Steiner, Hen_• Law, Alston. and 1996. International Human in Context:

University Oxford Morals. Oxford: Press.

Reconstructing Deconstructed J. "Alchemical Notes: Ideals from W'tlliams, Patricia 1987.

Rights-Civil Right." Civil Liberties Harvard 401-433. Law Review 22:

Levy Daniel

of Encyclopedia Nationalism, Yiftachel, ed. Oren: "The Homeland Nationalism." and In 2000.

Motyl Diego: San al., Alexander 1:359-361. Academic Press. et

1999/2000. Yiftachel, Nadim Rouhana. 'Ethnic Oren, Ghanem, Asa'd and "Is Democ-

an

Bambaj- Jama'ah, racy' Regime." Haya Jews, Arabs, Israeli ed. Feasible? In and the

University. Sasportas, Sheva: Gurion 67-68. Beer Ben

Introduction

chapter explores changing self-understanding This how national the in

Republic Germany Federal of immigration related

and is concomitant to

citizenship. scholarly debates about Most of the question the literature

on

Germany immigration of nationhood and focused labor has in

on

(so-called workers). migrants the I guest of German examine issue

focusing by nationhood immigrants, namely, different of

very group

on a

Europe. enjoyed They Germans ethnic from and Central East privi- have

leged citizenship grounds Germany's of the descent-based

to

on access

commonly laws. privileged literature The this of ethnic presents

access

Germany's sanguinis of persistence Germans and the ius expressing

as

understanding, ethno-cultural the cond•p- of

civic-territorial at

expense

a

(Bade 1990, of nationhood 1999). Fulbrook 1999; tion comparison of In

a

citizenship nationhood Rogers Germany, and France and Brubaker in

prevalence focuses the of ethno-cultural idiom the German national in

on

self-understanding. "particular idioms, He that of cultural

argues ways

thinking talking nationhood--ethno-cultural and about

and differential-

exclusionary]

[i.e., Germany--were and activated reinforced ist in in

spe-

(Brubaker According settings..." cific historical and 6). institutional 1992:

expansive approach Brubaker, the Germans "reflects toward ethnic the

to

pronounced self-understanding inflection ethno-cultural German in

(Brubaker 4)." 1992:

"citizenship idea, This builds the

Brubaker's that in in terms, essay on

inevitably bound with nationhood and national iden-

nation-state is

up a

"proposals tity" citizenship legal that the and redefine of raise criteria

to

large charged ideologically questions and nationhood and of national

Jabareen 220 Hassan

Shammas, After: Day 'Palestinians,' "The 'Israelis,' Anton. 1995• Other and Im•ermost

Thoughts." Arab Politics Crossroads, Israel--at In in Yagnes, ed. Rekhass E. and T. 19. a

University. Tel Aviv: Tel Aviv

Silberstein, Knowledge J. Debates: Postzionism Laurence 1999. Culture. and Israeli Power in

Routledge. New York:

Anthony. Cambridge: Smith, Ethnic Cambridge 1981. The Revival. University Press.

Smooha, Sammy. Cleavage." Culture 1993. "Political Social and Democracy Israeli In

Sprinzak Larry Stress, under and ed. Ehud Diamond, Boulder: Lynne 325-326. Rien-

Publishers.

ner

Option: Quo "The Democracy--a Israel Status 1999. Jewish-Democra- Ethnic

as an

Options for Ways: of Theoretical tic State." In Seven Israel, the in ed. Sarah Status the Arabs

Osatski-Lazar, Ghanem, Pappe, Asa'd and Ilan Givat 23-77• for Haviva: The Institute

[Hebrew] Peace Research.

Henry, Philip Steiner, and Rights Alston. 1996. International Politics, Human in Context: Law,

University Morals. Oxford Oxford: Press•

Williams, J. "Alchemical Reconstructing Patricia 1987. Notes: Ideals from Deconstructed

Right." Rights-Civil Harvard Civil Liberties Review Law 22: 401-433.

Yiftachel, Oren• 2000. "The Homeland Encyclopedia of and Nationalism, Nationalism." ed. In

Motyl Diego: al., Alexander Academic 1:359-361. San Press. et

Yiftachel,

Ghanem, Oren, Asa'd 1999/2000. Nadirn and Rouhana. "Is 'Effmic Democ-

an

racy' Jews, Arabs, and Regime." Feasible? Jama'ah, the Israeli Haya Bambaj- ed.

In

Sasportas, University. Sheva: Beer 67-68. Gurion Ben