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Last week, on October 26, 2014, the Knesset returned from its summer recess to begin its Winter Legislative Session. This session looks likely to be particularly tumultuous; among other things, this session will see debate on the upcoming state budget, a new version of the Anti-Infiltration Law (following the High Court’s disqualification of the previous law), and a series of bills aimed at weakening the powers of the Supreme Court.
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Extending the Declaration of a State of Emergency
Foreign Affairs and Security Committee and Constitution, Law and Justice Committee
Tuesday, 04/11/2014 | Committee Discussion
ACRI’s Position: At the time of the establishment of the State of Israel, a state of emergency was declared that has been extended each year since. The sole reason that this “state of emergency” continues to be renewed each year is because there are now a set of laws in place which depend upon its existence. Many of these pieces of legislation have little or nothing to do with the existence of an actual of a state of emergency.
An official state of emergency has serious implications for human rights, as it enables the inception and enforcement of dangerous laws and ordinances which were originally designed to be used solely during times of extreme emergency. Following a petition by ACRI in 1999, the state committed to redesigning the laws dependent on this declaration, so that the state of emergency could be rescinded. To date, extensive preparatory work has been done, and many pieces of legislation have been reworked and re-enacted. However, the re-legislation of some the most sensitive laws has yet to be finished, prompting the Knesset to extend the state of emergency yet again.
ACRI strongly believes that the government must complete the re-working of the remaining dependent pieces of legislation as a matter of urgency. We urge the committee members to expedite this process and limit the extension of the state of emergency to a maximum of 6 months. |
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Enabling the Knesset to Circumvent the Supreme Court
Amendment to the Basic Law: Human Dignity and Liberty
Ministerial Committee on Legislative Affairs
ACRI’s Position: This bill is part of the political majority’s ongoing effort to consolidate its powers and neutralize the power of those who object to its views. It would severely harm the High Court’s ability to act as a check and balance to the legislature, undermining Israel’s democracy and causing inestimable damage to the protection of minorities in Israel.
Though it is legitimate to criticize the High Court of Justice, these initiatives seek to fundamentally undermine the system of checks and balances comprising the core components of a democracy.
Currently, the bill has been frozen at the committee stage pending a further discussion requested by Minister of Justice Tzipi Livni. It is unclear at this stage when and if this proposed amendment to Israel’s basic law will resume its legislative passage. |
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Counter-Terrorism Legislation vs. Democracy
Counter-Terrorism Bill – 2011
Constitution, Law and Justice Committee
Monday, 03/11/14 | Preparation for a Second & Third Reading
ACRI’s Position: ACRI appreciates the importance of effectively combating terrorism. Preventing terrorist activities lies at the forefront of the state’s duty to protect its citizens, and it is appropriate that the state be granted significant powers to this end. However, the challenge in a democracy should be to confront terrorism while continuing to preserve fundamental human rights and democratic principles. This bill, in its current form, seeks to normalize, and in some cases aggravate, raconian emergency provisions and defense regulations which date back to the British Mandate. The broad and ambiguous definitions included within the bill, and the wide-ranging powers it grants to authorities, create a dangerous pattern of neglect for human rights considerations.
This week, the committee will discuss the bill’s provisions relating to definitions, and begin debate on the definition of the term “terrorist organization.” ACRI believes that the definition of this term in the bill is far too broad, and likely intentionally so in order to include persons and organizations that do not actually engage in terrorism. The bill’s sweeping expansion gives excessive discretion to law enforcement authorities to determine who is a “terrorist,” and enables the use of Draconian measures in situations that do not warrant such drastic action. For example, the definition of “terrorist act” may be applied under the current definition to protest activities that constitute a civil disturbance.
Additional Materials
Further background on this bill and a more comprehensive list of its dangerous provisions.
ACRI’s Position Paper that was sent to the members of the Ministerial Committee on Legislative Affairs |
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In the Spotlight:
Shana Tova from ACRI President Sami Michael
A greeting from Sami Michael in the aftermath of the recent holidays of Rosh Hashanah and Eid al-Adha.
“The holidays exist to express mankind’s stubborn optimism in the face of dangers and threats… we look forward to a future full of building homes rather than demolishing them, to days of friendship between neighbors instead of hatred towards one another, and to a time where everyone can sit proudly at their ample holiday tables.
May we, our neighbors, and all those taking refuge amongst us, find a path to celebrate the holidays in peace and tranquility.
May we live in a better and more just society, and know to lift our eyes towards the radiant smile of tomorrow.
Wishing a Shana Tova,
And a happy Eid al-Adha,”
Sami Michael
President of the Association for Civil Rights in Israel
Click here to read the full letter. |
