Het heeft – anders dan de aanvaarding van de apartheid-Basic Law in de Knesset op 19 juli jongsleden – niet de aandacht gekregen die het verdient, maar Palestijnse parlementsleden in de Knesset die deel uitmaken van de Verenigde Lijst (United List), zijn anderhalve maand eerder al gekomen met een alternatief voor de Basic Law (in voorbereiding), op basis waarvan de relatie tussen Palestijnen en joodse Israeli’s zal berusten op het beginsel gelijkheid, gelijkberechting. (ter vergelijking: na de Palestijnse Basic Law volgt de joods-Israelische Basic Law).
PROPOSED BASIC LAW: STATE OF ALL ITS CITIZENS
put forward in the Knesset by the Joint List (13 of 120 seats; third biggest party, mainly supported by Palestinian voters), but stricken down by the Knesset presidium on June 4, 2018 (i.e. blocked before even being discussed, let alone voted on)
The purpose of this basic law is to anchor in constitutional law the principle of equality for every citizen, while recognizing the existence and rights of two national groups, Jews and Arabs [Palestinians], who live within the state’s internationally recognized borders.
- Basic principles
The state is a state of all its citizens, whose system of governance is a democratic.
3. System of government
a. The system of government shall be based on values of human dignity, liberty, and equality.
b. The system of government shall be based on separation between religion and state, while ensuring freedom of worship for members of all religions.
c. The state shall respect the individual and collective identity of its citizens on an equal basis, without discrimination on the basis of nationality, race, religion, gender, language, colour, political views, ethnic origin or social status.
d. Affirmative action for individuals, who belong to groups that have suffered historic discrimination, shall not be considered to be discrimination.
- State symbols and the anthem
The state’s symbols and anthem shall be enshrined in law, according to the principles of this basic law.*
Citizenship in the country shall be based on the principle of equality and the prohibition on discrimination, and the terms for attaining it will be established in accordance with this basic law, and it shall be granted to anyone who meets any of the following conditions:
a. One of his/her parents is a citizen of the state;
b. Their partner is a citizen of the state, upon request;
c. Anyone who is born in the country;
d. Anyone whose arrival or presence in the country is based on a right derived from international law and decisions of the United Nations;
- Official languages
The Arabic language and the Hebrew language are the official languages of the state.
- Cultural rights
a. The state shall guarantee cultural autonomy to every national or cultural minority group, including their existence, establishing and administering representative institutions, educational institutions, cultural institutions, and religious institutions independently and in accordance with the principles of this basic law.
b. The state shall allow every citizen to practice, use, and develop their culture, traditions, their language, and their identity, in accordance with this basic law.
c. The state shall allow every citizen to conduct cultural ties with members of the nation or people to whom they belong, including those outside the borders of the state.
d. The state shall allow a national minority, living within its international recognized borders, to engage in cultural ties with members of the nation or people to whom they belong, including outside the state’s borders.
- Social rights
a. The state shall allow every citizen to engage in familial and social ties with members of the nation or people to whom they belong, including beyond the state’s borders.
b. The state shall distribute resources according to the principles of distributive justice and affirmative action.
c. The state shall guarantee a dignified existence to every person living in its territory.
a. This basic law shall not be amended, except by a basic law passed by a majority of members of Knesset.
b. The validity of any law that violates the principles of this basic law shall expire three years from the day this law comes into force.
* The words to the current ‘national anthem’ – HaTikva (the Hope) – are: ‘As long as within our hearts the Jewish soul sings, As long as forward to the East, to Zion, looks the eye – Our hope is not yet lost, it is two thousand years old, To be a free people in our land, the land of Zion and Jerusalem.’
source: Palestine Home & +972 Magazine
BASIC LAW: ISRAEL AS THE NATION STATE OF THE JEWISH PEOPLE
Knesset, July 19, 2018
1 — Basic principles
A. The land of Israel is the historical homeland of the Jewish people, in which the State of Israel was established.
B. The State of Israel is the national home of the Jewish people, in which it fulfils its natural, cultural, religious and historical right to self-determination.
C. The right to exercise national self-determination in the State of Israel is unique to the Jewish people.
2 – The symbols of the state
A. The name of the state is ‘Israel’.
B. The state flag is white with two blue stripes near the edges and a blue Star of David in the centre.
C. The state emblem is a seven-branched menorah with olive leaves on both sides and the word ‘Israel’ beneath it.
D. The state anthem is ‘Hatikvah’.
E. Details regarding state symbols will be determined by the law.
3 – The capital of the state
Jerusalem, complete and united, is the capital of Israel.
4 – Language
A. The state’s language is Hebrew.
B. The Arabic language has a special status in the state; Regulating the use of Arabic in state institutions or by them will be set in law.
C. This clause does not harm the status given to the Arabic language before this law came into effect.
5 – Ingathering of the exiles
The state will be open for Jewish immigration and the ingathering of exiles
6 – Connection to the Jewish people
A. The state will strive to ensure the safety of the members of the Jewish people in trouble or in captivity due to the fact of their Jewishness or their citizenship.
B. The state shall act within the Diaspora to strengthen the affinity between the state and members of the Jewish people.
C. The state shall act to preserve the cultural, historical and religious heritage of the Jewish people among Jews in the Diaspora.
7 – Jewish settlement
The state views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation.
8 – Official calendar
The Hebrew calendar is the official calendar of the state and alongside it the Gregorian calendar will be used as an official calendar. Use of the Hebrew calendar and the Gregorian calendar will be determined by law.
9 – Independence Day and memorial days
A. Independence Day is the official national holiday of the state.
B. Memorial Day for the Fallen in Israel’s Wars and Holocaust and Heroism Remembrance Day are official memorial days of the State.
10 – Days of rest and Sabbath
The Sabbath and the festivals of Israel are the established days of rest in the state; non-Jews have a right to maintain days of rest on their Sabbaths and festivals; details of this issue will be determined by law.
11 – Immutability
This Basic Law shall not be amended, unless by another Basic Law passed by a majority of Knesset members.
source: The Times of Israel