ACRI sent an urgent letter (see full text below) today to Prime Minister Binyamin Netanyahu and Justice Minister Yaakov Neeman, urging them and the entire cabinet to vote against the proposed amendment to the Citizenship Law. The change in question involves new wording to the loyalty oath taken by non-Jews as they accept Israeli citizenship; it involves declaring loyalty to Israel as a Jewish and democratic state – in other words to an ideology – instead of the current oath, which entails declaring respect for the State and its laws.
In the appeal, ACRI Attorney Oded Feller argues that the amendment is undemocratic because it forces people to pledge allegiance to an ideology – a grave violation of freedom of expression. “A State which polices ideology, demands a declaration of loyalty, and monitors the beliefs, perspectives, and opinions of its citizens is not a democracy.”
In addition, the imposition of such a pledge on non-Jews is humiliating and sends a message that the State does not belong to them – a notion that contradicts Israel’s explicit commitment to equality among all of its citizens. As such, the amendment is but the latest example of anti-democratic laws which ostracize and delegitimize minority views, particularly those of Arab citizens.
Earlier this week, ACRI published a comprehensive position paper entitled “Harming Democracy in the Heart of Democracy” and outlining the various anti-democratic legislative initiatives proposed in the Knesset’s summer session, their current status, and what is likely to happen in the upcoming session.
From the position paper: “The last Knesset session stood out in laying the foundations for anti-democratic legislation, but the vast majority of the legislation processes concerning the aforementioned bills is not yet over. In this respect, the coming session will be a trying time. If the said bills should ripen and turn into state laws, their potential damage to democracy would be realized; but should the Knesset sober up and restrain itself, protecting our democracy against the tyranny of the majority, the Israeli parliament will pass the important test of the democracy’s durability.”
October 7, 2010
Attention:
Prime Minister Binyamin Netanyahu
Justice Minister Yaakov Neeman
Dear Sirs,
Re: Declaration of Loyalty for Naturalized Citizens
From recent media reports, we have learned with great concern about your decision to support the amendment to the Citizenship Law 5712-1952 that would, as a condition for naturalization in Israel, require individuals to declare their loyalty to the State of Israel as a Jewish and democratic state. This would replace the text of the declaration as prescribed by law today: “I declare that I will be a loyal citizen of the State of Israel.”
Passage of this amendment would mean that non-Jews seeking naturalization in Israel would not only have to declare their intention to follow the laws of the state, but also their allegiance to a Jewish state – that is to say, their loyalty to an ideology. A declaration of such allegiance, it should be stressed, would have more than just symbolic significance. It could have practical ramifications for a naturalized citizen who, in the future, might make statements that could be interpreted by the authorities as opposing their ideology. A State which polices ideology, demands a declaration of loyalty, and monitors the beliefs, perspectives, and opinions of its citizens is not a democracy.
Indeed the text of this loyalty pledge which you have decided to support undermines the very democratic foundations of the State of Israel. Requiring a declaration of loyalty to the Jewish state sends the humiliating and discriminatory message to non-Jewish Israeli citizens, especially to those non-Jews seeking naturalization, that Israel does not belong to them.
Those seeking to obtain Israeli citizenship and to integrate into society must be treated with equality because, as the Israeli Supreme Court has ruled, discrimination… “is a plague that fosters a feeling of unfairness and frustration. It harms the sense of belonging and constructive motivation to participate in, and contribute to, social life.” (HCJ 104/87 Nevo v. National Labour Court, HCJ 44(4) p. 749, 760 (1990))
Equality, on the other hand, “is a fundamental value of any democratic society… the individual integrates into the general fabric of life and takes upon himself the building of society, in his knowledge that others are doing the same… The need to establish equality is vital for society and for maintaining the social contract underlying it… The feeling of inequality is one of the most difficult to bear. It harms the forces that unify society, and impairs the self-identity of the individual.” (HCJ 953/87 Poraz v. Mayor of Tel Aviv-Jaffa, HCJ 42(2) p. 309, 332 (1988)).
Unfortunately, this proposed legislation is yet another in a series of proposals, supported by the government, that seek to erode democracy in Israel by eliminating the identity of non-Jews and excluding them. They cannot share and identify with Jewish symbols and values, and this is especially true for the Arab minority in Israel. We call upon the Israeli government to put an end to this disturbing trend. The cabinet should oppose this proposed legislation, stop undermining the legitimacy of Israel’s Arab minority, and it must act immediately to meet its obligations to ensure equality for all of Israel’s citizens.
Sincerely,
Attorney Oded Feller
The Association for Civil Rights in Israel
CC: Ministers
