Prof. Abraham Diskin

Abraham Diskin is a professor emeritus at the Hebrew University of Jerusalem, a faculty member of the Interdisciplinary Center Herzliya and head of the School for Interdisciplinary Studies in Administration, Government and Law at the Academic Center for Law and Science.

Equality can be assured in other ways

The protest over the nation-state law seems to ‎center around the absence of a declaration of ‎equality. The law's detractors demand that it include ‎the language introduced in Israel's Declaration of ‎Independence, namely that "The State of Israel will ‎‎… ensure complete equality of social and political ‎rights to all its inhabitants irrespective of ‎religion, race or sex." This vague wording, they ‎believe, will meet all their demands on the matter. ‎

In one Knesset House Committee meetings on this law, I proposed that Basic Law: The ‎Knesset – not the nation-state law – be amended to ‎include a provision saying that, in addition to the equal right of ‎every citizen to vote and be elected, the state's sovereignty "will be in the hands ‎of all its citizens, regardless of race, religion or ‎gender." ‎

I also suggested that the aspiration for equality could, alternatively, be anchored in ‎Basic Law: The Judiciary.

However, one should ‎remember that laws, in Israel as in the rest of the ‎world, mark differences between citizens on the ‎basis of religion, gender, and nationality. This is ‎true for women's rights, military service and so on. ‎

Unfortunately, my suggestions were rejected.‎

I have yet to encounter two identical human beings. ‎To my delight, even the advocates of absolute ‎equality share ‎this with me, which is why they so adamantly glorify ‎pluralism and demand total tolerance for the "other" ‎‎– especially if the latter happens to agree with ‎their positions.‎

The Druze protest arose in the context of the need ‎for this "absolute equality." This made me revisit ‎the nation-state law, but I could not find so much ‎as a hint to anyone being relegated to a "second-‎class citizen" or worse, as has been professed by ‎the Druze. ‎

The Druze are our brothers, but one must question the ‎equality between the Druze themselves. ‎

After recalling the harsh fate of the Druze in ‎Syria, the lynching of Druze wounded by Syrian ‎soldiers rescued by the IDF in the summer of 2015, ‎and the widespread use of Syrian flags in Druze ‎demonstrations on the Golan Heights, I took the ‎liberty of reviewing election results in Druze ‎communities.‎

As expected, significant differences were found ‎between the various townships. ‎

In the northern village of Yarka, for example, 37% ‎of the residents voted for the Joint Arab List, but ‎it Daliyat al-Karmel, only 7% of the Druze supported ‎it. ‎

Voter turnout in Druze communities within the Green ‎Line was 60%, but it dropped significantly in the ‎Golan communities. In Buqata, for example, only 17 ‎people voted (of them, only one voted for the Joint ‎Arab List, five supported Likud and four voted for ‎the Zionist Union). In Majdal Shams, the Likud and ‎the Zionist Union garnered 40 votes each.‎

This only underscores the fact that no two people ‎are alike and therefore the demand for absolute ‎equality – outside the desire to perpetuate the rule ‎of the legal oligarchy – is far too vague. ‎

It is a shame that those who long for equality did ‎not agree to guarantee it by amending Basic Law: The ‎Knesset as suggested. Perhaps they opposed it ‎because they knew agreeing to it would render their ‎arguments hollow.

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