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 Israel 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 Katzir 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 Eyal
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
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
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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
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Identities the Name
"On the in Jabareen, 1999.
Hassan. 1113/99, Adalah Minis- exclusive
need of another." H.C.
death
is
not
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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
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Citizenship, National-
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2000. Kamir, Orit. of Rights Israel, Adalah, 1998, Minority Arab March in 23-29. Violations
Mishpat
Iyouni
State.'"
23
of
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among
[Hebrew]
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Brutality
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Um Julia. Confiscation
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of the issue is its in state
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one on
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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
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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:
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Brubaker's that in in terms, essay on
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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
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