Photo CC by Joshua PaquinACRI LIST OF TOP ANTI-DEMOCRATIC LEGISLATIVE INITIATIVES
Last updated: 30 January 2011
Bills which are being promoted with the support of the government
1. Nakba Bill (2009; MK Alex Miller)
According to this bill, persons publicly marking Nakba Day as a day of mourning will be sentenced and sent to prison. The government endorsed the bill but, in the wake of public protests, its wording was changed so that organizations and institutions marking Nakba Day shall be denied public funds. Even this “minimized” version still illegally impairs on the freedom of expression, as the political majority bans a certain political view.
16 March 2010: The bill passed the first reading.
Status: The bill is expected to be discussed in the Knesset Constitution Committee ahead of its second and third reading.
2. Anti-Incitement Bill (2009; MK Zvulun Orlev)
An amendment of the existing Penalty Code, according to which persons publishing a call that denies the existence of the State of Israel as a Jewish and democratic state shall be imprisoned. This is an extension of an existing criminal offence, and it intends to incriminate a political view that another political group does not accept.
27 May 2009: The bill passed a preliminary reading.
Status: The bill and is expected to be discussed in the Knesset Constitution Committee ahead of its first reading.
3. Pledge of Allegiance Bill (2009; MK David Rotem)
According to this bill, any foreigner seeking to become an Israeli citizen will have to pledge allegiance to the State of Israel as a Jewish, democratic and Zionist state, and serve a term of military or national service.
1 May 2010: The Ministerial Committee decided to not support the bill.
October 2010: The government turned the decision and decided to endorse the bill.
Status: Since the government endorsed this bill it has not been promoted. It may be brought back for discussion in Knesset with an addition that enforces the same demands on Jews and non-Jews.
4. Admission Committees Bill (2009; MKs David Rotem, Israel Hason, Shay Hermesh)
According to this bill, admission committees of villages and communities may turn down a candidate if the committee decides he or she “fail to meet the fundamental views of the community”, its social fabric, and so on. The bill primarily intends to deny ethnic minorities’ access to Jewish communities set up on predominantly public lands, offering the possibility to reject anyone who does not concur with committee’s positions, religion, political views, and so on. It should be noted that before this law was proposed, ACRI filed a related petition against the practice, which is still pending before the High Court.
11 February 2009: Bill presented in Knesset.
10 July 2010: Bill passed it first hearing.
Status: This bill is scheduled to be discussed again in the Knesset’s Constitutional Committee on February 2nd. It is expected that the committee will bring it the plenum for a second-third reading following several amendments to the original proposal. As part of a proposed compromise between Speaker Rivlin and the MKs who proposed the law, possible amendments to the bill are likely to include: applying the law to the Negev and Galilee regions alone; and applying the law to communities of up to 400 family units instead of the original 500. ACRI finds both utterly unsatisfactory.
5. Bill on Funds from Foreign Entities (MK Ze’ev Elkin et al)
According to the this bill in its original version, any person or group receiving funding from a foreign entity must register with the Party Registrar and immediately report each contribution, mark every document in this spirit, and state at the opening of any remark they make that they are funded by a foreign state. Strict penalties will be suffered by those who defy the law.
November 2009: Bill passed first reading in Knesset.
Status: The Knesset Constitution committee is scheduled to discuss this bill on February 2nd and will possibly advance the bill for its second-third reading,
6. Infiltration Bill (2010; Government)
The bill stipulates, among other things, that infiltrators and persons who assist them may be sentenced to 5 to 7 years in prison, according to their country of origin. This bill follows the trend of delegitimizing human rights and aid organizations and individuals who help refugees and migrant workers.
December 2010: An update version of the bill was published. In the new version, the bill takes the form of an amendment to an existing law, rather than a new law.
Status: The updated version is expected to be brought for a first reading in the coming months.
7. Boycott Bill (MK Ze’ev Elkin et al)
According to this bill, persons who initiate, promote, or publish material that might serve as grounds for imposing a boycott are committing a crime, and may be ordered to compensate parties economically affected by that boycott, including fixed reparations of 30,000 shekels, without an obligation of the plaintiffs to prove damages. If the felon is a foreign citizen, he may be banned from entering for a period of 10 years or from doing business in Israel; and if it is a foreign state, Israel may not repay the debts it owes that state, and use the money to compensate offended parties; that state may additionally be banned from conducting business affairs in Israel. The measures shall apply one year retroactively.
5 July 2010: Bill was presented in Knesset.
14 July 2010: Bill passed a preliminary reading.
Status: The Knesset Constitution Committee is scheduled to discuss the bill on February 15th and prepare it for its first reading. It should be noted that the Ministerial Committee rejected the chapters pertaining to foreign citizens and states, probably out of consideration for Israel’s foreign relations, and also rejected the retroactive clause.
8. Citizenship Bill Amendment on Revoking Citizenship of Persons Convicted of Terrorism or Espionage (MK David Rotem)
When citizenship is denied, a series of basic rights that follow from it are denied too. The Israeli Penal Code already specifies ways of dealing with persons convicted of terrorism or espionage.
10 January 2010: The bill was approved by the Knesset Interior Committee with two proposed amendments. First, that it will not be permissible to leave a person without citizenship. Second, that the decision to revoke citizenship will require the approval of the Attorney-General. Israel’s General Security Services have expressed opposition to this bill.
25 January 2010: The amended version was rejected by the Knesset Interior Committee.
Status: The bill is expected to be brought to the plenum for its first reading.
9. Bill to Protect Israel’s Values (MK Uri Ariel)
According to this bill, organizations whose activities “harm the State of Israel as a Jewish state” shall not be permitted to operate in Israel and will be shut down.
1 June 2009: Bill was presented in Knesset.
7 November 2010: The bill was debated in the Ministerial Committee. It was decided that this bill shall be revised with the approval of the Justice Ministry before further debate in the Knesset.
Status: The Justice Ministry is reviewing the bill before further debate in the Knesset.
10. Preference to Individuals who have Served in the Military (MK David Rotem)
According to this bill preference in housing, education and other public services shall be granted to individuals who have served in the Israeli military or completed national service. Currently, Arab citizens and others are exempt from military service and can voluntarily choose to carry out national service.
25 May 2010: Bill presented in Knesset.
5 July 2010: Bill passed preliminary reading.
Status: The bill is expected to be debated in the Knesset’s Employment, Welfare and Health Committee together with a government-sponsored bill concerning incentives for those who completed military service.
11. Preference for Civil Servants who Served in the Military (MK Hamed Amar)
According to this bill, citizens who have completed military or national service will give given preference when applying for civil servant posts.
The bill discriminates against ethnic minorities and other individuals exempt by law from military service, and stands in contradiction to the value of equal access to employment.
26 January 2011: Bill passed preliminary reading.
Bills that did not receive government support
1. Bill on MKs’ Pledge of Allegiance (MK David Rotem)
According to this bill, all MKs will be required to pledge allegiance to the State of Israel as Jewish a democratic state, to its laws, symbols, and national anthem. The bill intends to delegitimize and even practically prevent minority groups from partaking in the Israeli democratic process.
6 June 2010: The Ministerial Committee decided to not support the bill.
Status: Not promoted due to lack of coalition agreement.
2. A series of government-initiated bills that intend to restrict the Knesset’s opposition factions
Seven MKs may split from a Knesset faction to establish a new faction – not one-third of the original faction members; increasing the quorum needed for budget-related bills to 55 MKs; if after a vote of no-confidence vote is endorsed by a Knesset majority, and the new candidate for prime minister should fail to form a coalition-based government, then the ousted government should regain its seat; a cabinet member who quits the Knesset shall be replaced by another on his faction list.
Status: Passed its first reading. Not being promoted at present.
3. Cinema Bill
According to this bill, the entire crew of a film that seeks public funding will have to pledge allegiance to the State of Israel as Jewish a democratic state, its laws, symbols, etc.
9 May 2010: The Ministerial Committee decided to not support the bill.
Status: Bill failed its preliminary reading on May 12th.
4. Bill on Ousting MKs (MK Dani Danon)
According to this bill, an MK may be ousted by a majority of 80 MKs if he or she expressed their opposition to Israel’s existence as a Jewish and democratic state, incited to racism, or supported an armed struggle against the State of Israel.
Status: Not approved by the government.
5. Bill to Bar Political Murderers, Terrorists from Voting (MK Moshe Matlon)
According to this bill, the murderer of an Israeli Prime Minister and those who committed acts of terror or sent others to commit acts of terror will not be allowed to vote for Knesset elections.
26 April 2010: Bill was presented in Knesset.
1 May 2010: Ministerial Committee decided to not support the bill.
6. Bill on Banning Wearing of Veils in Public (2010; MK Marina Solodkin)
According to which, it would be illegal to cover one’s face in public, under penalty of imprisonment.
July 2010: Bill presented in Knesset.
30 January 2011: Ministerial Committee decided to not support the bill.
Bills submitted which the government has yet to endorse or reject
1. NGOs Bill
According to which an NGO that is involved with the filing of suits abroad against senior Israeli politicians and army officers will be shut down. A new initiative of this type will not be given the status of an NGO.
15 June 2010: Bill presented in Knesset
2. Pledge of Allegiance for Civil Servants and Local Council Members (MK Lia Shemtov)
According to this bill, members of local and city councils as well as some civil servants will be obliged to pledge allegiance to Israel as a Jewish and democratic state.
20 October 2010: Bill was presented in Knesset.
3. Denying Entry into Israel (MK Yariv Lavin)
According to this bill, entry into Israel will be denied to anyone involved in boycotts against Israel or lawsuits against military or government officials. The bill has yet to be presented in Knesset.
Approval of parliamentary inquiry committee into Israeli organizations
On January 5, the Knesset voted in favor of establishing two parliamentary inquiry committees: One, (MK Fania Kirshenbaum, Yisrael Beiteinu) inquiring into the funding of Israeli organizations “accused of working to prosecute IDF soldiers and officers abroad”; and the second (MK Dani Danon, Likud) into “the involvement of foreign governments and bodies in funding actions against the State and in attempts to purchase its lands”.
The next step of establishing such a committee is to bring the initiative for a detailed discussion in the Knesset House Committee and then back to a plenum vote. According to Knesset guidelines, a parliamentary inquiry committee does not actually hold the relevant tools to conduct an extensive investigation and its conclusions are not binding by law. It does not have the authority, for example, to obligate citizens to provide testimonies nor demand that they introduce documents and such other material. However, the fact that its authority is rather limited does not rule out the threat it poses by the mere fact that within the halls of power certain organizations and individuals are singled out and their reputation is smeared and labeled ‘disloyal’.
Status: Knesset House Committee is expected to discuss the establishment of the committees on January 31st; on the following day, February 2nd, its authorities and membership makeup are expected to be finalized, paving the way for a final vote in the plenum.
Bills passed in Knesset that are currently being challenged in the High Court of Justice
1. Bill for Pardoning Offenders who protested Gaza Disengagement (MK Reuven Rivlin et al)
Though legislation that eases punitive measures against persons who exercised their right to political protest is welcome in principle, this particular bill is problematic because it makes a distinction between political and ideological activists of various groups. Instead of promoting a general principles of “going easy” on protesters, this bill was promoted by the current political majority in favor of their electorate alone.
Status: The Knesset passed the bill in July 2010; a petition against it is currently pending before the High Court.
2. Abu Basma Bill
This bill includes an amendment to a law allowing the Interior Minister to postpone indefinitely democratic elections in new regional councils. It specifically relates to the case of the Abu Basma, a regional council comprised of Bedouin villages in the Negev that was recognized six years ago but is still being administered by an appointed representative of the Interior Minister, not by elected representatives of the Bedouin community.
Status: The Knesset passed the bill; On April 27, ACRI submitted a petition to the High Court against this law, together with partner organizations and local residents, demanding that the Court instruct the Interior Minister to facilitate elections immediately, claiming that the law represents a grave infringement on democratic values and the specific obligation Israel holds to ensuring regular and transparent democratic elections.
Bills aimed at weakening the Supreme Court
1. Basic Law: Constitution Court (MK David Rotem)
The High Court serves de facto as the country’s constitutional court. The proposed bill aims at establishing a new constitution court through a series of acts, including that justices be obliged to pledge allegiance to a Jewish state; that votes will be unanimous; and other criteria that harms separation of powers, human rights and democratic values.
1 April 2010: Bill presented in Knesset.
Status: Not being promoted due to lack of coalition agreement.
2. Bill to Disallow the High Court from Ruling on Citizenship Bill (MK David Rotem and another 44 MKs)
According to the bill, the High Court will not be authorized to rule on the Citizenship Law (Temporary Order), which in its current form prevents Palestinians from the Territories from attaining citizenship through family ties to Israeli citizens and residents. This bill was devised in the wake of petitions to the High Court challenging this policy. Though the court has yet to make a final ruling, MKs are concerned it may rule in the future that the policy is illegal, and so the bill is intended to bypass the High Court and set the policy as a regular law.
11 May 2009: Bill presented in Knesset.
20 December 2009: The Ministerial Committee decided to not support the bill.
Status: Not promoted due to lack of coalition agreement.
3. Bill to Disallow the High Court from Ruling on Security-Related Matters (MK Yaakov Katz et al)
According to the bill, the High Court may not set abiding rulings on matters related to security and threats to human life. It may state its position, which will not bind the government.
25 January 2010: Bill presented in Knesset.
30 May 2010: The Ministerial Committee decided to not support the bill.
4. Bill to Defer High Court Rulings on Legality of Bills (MK Yaakov Katz et al)
According to the bill, if the High Court rules that a particular bill is unconstitutional and therefore should be annulled, the ruling will come into effect only after a year passes since the ruling was made.
2 February 2010: Bill presented in Knesset.
18 October 2010: The Ministerial Committee decided to not support the bill.
