The
State of
Israel
's treatment of the Palestinians has been likened to a system of apartheid, analogous to
South Africa's treatment of non-whites
during its apartheid
era. United
Nations Special Rapporteur John
Dugard has reported to the responsible treaty monitoring bodies
that a system of control including separate roads, inequities in
infrastructure, legal rights, and access to land and resources
between Palestinians and Israeli residents in the
Israeli-occupied territories,is
different from apartheid regime, but resembles some of its aspects.
Some Israeli commentators and Palestinian rights advocates extend
this analogy to include
Arab
citizens of Israel, describing their citizenship status as
second-class. Others use the
analogy in relation to the special status that Israel accords to
Jews, or to
Orthodox
Jews, without reference to Palestinians. Israel has also been
accused of committing the
crime of
apartheid.
An International Court of Justice
judgment declared that Israel is violating the
basic human rights of Palestinians in the occupied territory and
that it cannot use its own security to excuse violations of the
non-derogatory provisions of international laws and
conventions.
Opponents of the analogy describe Arab citizens of Israel as having
the same rights as all other Israeli citizens. They point out that
"full social and political equality of all [Israel's] citizens,
without distinction of race, creed or sex" is specifically
guaranteed by Israeli law. They also argue that the State of
Israel's treatment of Palestinians in the occupied territories is
driven by security considerations, not
anti-Arab racism and the fact that
Palestinians have never been Israeli citizens and thus would not
have Israeli rights. They state that the comparison reflects a
double standard applied to Israel but not to neighbouring Arab
countries.
They also point out that Israel does not
consider the West
Bank
and Gaza
Strip
to be part of Israel, but rather territories whose
future has yet to be determined. The situation has been
likened to post-
WWII occupied Germany and
Japan.
(In
East Jerusalem and the Golan Heights
, which were unilaterally annexed by Israel, all residents were offered full
citizenship. Israel's annexation of these territories is not
internationally recognized.)
Analogy
Supporters of the analogy cite the
International Convention on the Suppression and Punishment of the
Crime of Apartheid, which says that the
crime of apartheid includes
similar policies and practices of racial segregation and
discrimination as those that were practiced in
South Africa under apartheid.
According to this view, the legal standard doesn't require that the
two systems be identical, only that they share certain
similarities. Those who propose the analogy argue that the
Citizenship and Entry into
Israel Law limits the citizenship rights of Arab citizens. They
also point to differences in the political rights, voting and
representation of the Palestinian population, the existences of
differentiated national identification cards, difference in
land tenure and access to education,
infrastructure, transport, travel, and movement between
Israelis and
Palestinians.
Marriage law
The
measure known as the Citizenship and Entry into
Israel Law, passed by the Knesset
on 31 July
2003, does not enable the acquisition of Israeli citizenship or
residency by a Palestinian from the West Bank
or Gaza
Strip
via marriage. The law does allow children
from such marriages to live in Israel until age 12, at which age
they are required to emigrate. This applies equally to a
Palestinian spouse of any Israeli citizen, whether Arab or Jewish,
but in practice more Israeli Arabs than
Israeli Jews marry Palestinians. The law was
originally enacted for one year and has been extended, with minor
amendments on 21 July 2004, on 31 January 2005, on 27 July 2005
until 31 March 2006, until January, 2007, and until 31 July 2008.
In formulating the law, the government cited, "information
presented by the security forces, which said that the terrorist
organizations try to enlist Palestinians who have already received
or will receive Israeli documentation and that the security
services have a hard time distinguishing between Palestinians who
might help the terrorists and those who will not "In the Israeli
Supreme Court decision on this matter, Deputy Chief Justice Mishael
Cheshin argued that, "Israeli citizens [do not]enjoy a
constitutional right to bring a foreign national into Israel... and
it is the rightâmoreover, it is the dutyâof the state, of any
state, to protect its residents from those wishing to harm them.
And it derives from this that the state is entitled to prevent the
immigration of enemy nationals into itâeven if they are spouses of
Israeli citizensâwhile it is waging an armed conflict with that
same enemy."
The law
was upheld in May 2006, by the Supreme Court of Israel
on a six to five vote. Israel's Chief
Justice,
Aharon Barak, sided with the
minority on the bench, declaring: "This violation of rights is
directed against Arab citizens of Israel. As a result, therefore,
the law is a violation of the right of Arab citizens in Israel to
equality." Zehava Gal-On, a founder of
B'Tselem and a Knesset member with the
Meretz-Yachad party, stated that with the
ruling
"The Supreme Court could have taken a braver decision
and not relegated us to the level of an apartheid state." The
law was also criticized by
Amnesty
International and
Human Rights
Watch.
Adam and Moodley cite the marriage law as an example of how Arab
Israelis
"resemble in many ways 'Colored' and Indian South
Africans." They write:
"Both Israeli Palestinians and
Colored and Indian South Africans are restricted to second-class
citizen status when another ethnic group monopolizes state power,
treats the minorities as intrinsically suspect, and legally
prohibits their access to land or allocates civil service positions
or per capita expenditure on education differentially between
dominant and minority citizens."
In June 2008 after the law was renewed once again,
Amos Schocken, the publisher of the Israeli
daily
Ha'aretz, wrote that the law
"severely discriminates when comparing the rights of young
Israeli Jewish citizens and young Israeli Arab citizens" who
marry, and that
"Its existence in the law books turns Israel
into an apartheid state."
Political rights, voting and representation, judiciary
Israeli citizenship law does not differentiate between Israeli
citizens based on ethnicity.
Arab citizens of Israel have the
same rights as all other Israeli citizens, including suffrage,
political representation, and recourse to the courts.
The Knesset
, Israel's
legislature, includes Arab members and Arab parties.
Although Arab parties allied to
Mapai were
members of the first and second government coalitions in Israel, no
independent Arab party has ever been part of a coalition
government.
Arabs living in Gaza, the West Bank, and some of those in
East Jerusalem (areas occupied by Israel in
the 1967
Six Day War and deemed to be
occupied territory under
international
law and are mostly governed by the
Palestinian Authority) are not Israeli
citizens. They carry Palestinian identity cards
issued by the
Palestinian Authority with Israeli permission and elect members
of the governing
Palestinian
Authority.
Palestinians living in the non-
annexed
portions of the West Bank do not have Israeli citizenship or voting
rights in Israel, but are subject to the policies of the Israeli
government. Israel has created roads and checkpoints in the West
Bank with the stated purpose of preventing the uninhibited movement
of
suicide bombers and
militants in the region. The human rights NGO
B'Tselem has indicated that such policies
have isolated some Palestinian communities.
Marwan Bishara, a
teacher of international relations at the American
University of Paris
, has claimed that the restrictions on the movement
of goods between Israel and the West Bank are "a defacto
apartheid system".
While equal according to Israeli law, a number of official sources
acknowledge that Arab citizens of Israel experience systematic
discrimination in many aspects of life. Israeli High Court Justice
(Ret.) Theodor Or chaired the
Or
Commission, which noted that discrimination against the
country's Arab citizens had been documented in a large number of
professional surveys and studies, had been confirmed in court
judgments and government resolutions, and had also found expression
in reports by the state comptroller and in other official
documents. Israeli Prime Minister Ehud Olmert criticised in 2008
what he called "deliberate and insufferable" discrimination against
Arabs at the hands of the Israeli establishment.
The International
Court of Justice
stated that the fundamental rights of the
Palestinian population of the occupied territories are guaranteed
by the International
Covenant on Civil and Political Rights, and that Israel could
not deny them on the grounds of security. According to the 2004
U.S.
State Department
Country Reports on
Human Rights Practices for Israel and the Occupied Territories,
the Israeli government had done "little to reduce institutional,
legal, and societal discrimination
against the country's Arab citizens."
Amnesty International has reported that in the West Bank, Jewish
settlers and Israeli soldiers who engage in abuses against
Palestinians, including unlawful killings, enjoy "impunity" from
punishment and are rarely prosecuted. However Palestinians detained
by Israeli security forces may be imprisoned for prolonged periods
of time, and reports of their torture and other ill-treatment are
not credibly investigated.
National identification cards
The Israeli identity card, or
Teudat
Zehut, required of all residents over the age of 16, may
indicate whether holders are
Jewish or not by
adding the person's
Hebrew date of
birth. Many Jewish people in Israel prefer to take the option of
having their birth date in the Hebrew date format . The option is
not a requirement.
Chris McGreal,
The Guardian's former chief Israel correspondent, reports
that the ID system determines:
"where [Arabs and Jews] are
permitted to live, access to some government welfare programmes,
and how they are likely to be treated by civil servants and
policemen." In the same article McGreal, also the chief South
Africa correspondent during the apartheid years, compared Israel's
Population Registry Act,
which calls for the gathering of ethnic data, to South Africa's
Apartheid-era
Population
Registration Act.
Critics of Israel identify
segregation in support of their use of
the apartheid analogy.
Land and infrastructure
93% of
the land inside the Green Line
is not held by private owners and is managed as
public property. 79.5% of the land is owned by the
Israeli government through the
Israel Land Administration, and
11â13% is privately owned by the
Jewish National Fund (11% according to
the Jewish National Fund (JNF), 13% according to Haaretz). Under
the 1952 World Zionist Organisation â Jewish Agency Status Law, and
the 1954 Covenant between the state of Israel and the
Jewish Agency, administration of state lands
was handed to the JNF, which states explicitly on its website that
the
"Jewish National Fund is the caretaker of the land of
Israel, on behalf of its owners - Jewish people everywhere."
In 1960,
the Knesset
adopted the
Basic Law â Israel Lands, which
formalised this. In proposing the law in the Knesset,
religious affairs minister
Zerah
Warhaftig explained how the name of the law indicates Jewish
ownership of the land:
"we gave this law the name Basic Law:
Israel Lands [...] We want to make it clear that the land of Israel
belongs to the people of Israel. The 'people of Israel' is
a concept that is broader than that of the 'people resident in
Zion', because the people of Israel live
throughout the world." Under Israeli law, both ILA and JNF
lands may not be sold, and are leased under the administration of
the ILA.
Chris McGreal of
The Guardian states that as a result of
the government's control over most of the land in Israel, the vast
majority of land in Israel is not available to non-Jews. In
response,
Alex Safian of the US-based
media watchdog group CAMERA has claimed that this is not trueâaccording to
Safian, the 79.5% of Israeli land owned directly by the ILA is
available for lease to both Jews and Arabs, sometimes on beneficial
terms to Arabs under Israeli
affirmative action programs. While Safian
concedes that the 14% of Israeli land owned by the JNF is not
legally available for lease to Israel's Arab citizens, he argues
that the ILA often ignores this restriction in practice. Safian
further claims that
"in practice JNF land has been leased to
Arab citizens of Israel, both for short-term and long-term
use. To cite one example of the former, JNF-owned land in
the Besor Valley (Wadi Shallaleh) near Kibbutz Re'em has been
leased on a yearly basis to Bedouins for
use as pasture."
Representative of a dissenting view is that
of Leila Farsakh, associate professor
of Political Science at University
of Massachusetts Boston
, according to whom, after 1977, "[t]he military government in the West Bank and
Gaza Strip (WBGS) expropriated and
enclosed Palestinian land and allowed the transfer of Israeli settlers to the occupied territories: they continued to
be governed by Israeli laws.
The government also enacted different military laws and decrees
to regulate the civilian, economic and legal affairs of Palestinian
inhabitants. These strangled the Palestinian economy and increased its
dependence and integration into Israel." Farsakh holds that
"[m]any view these Israeli policies of territorial integration
and societal separation as apartheid, even if they were never given
such a name."Along similar lines,
B'Tselem wrote in 2004 that
"Palestinians are
barred from or have restricted access to 450 miles of West Bank
roads, a system with 'clear similarities' to South Africa's former
apartheid regime".
In October 2005 the
Israel Defense
Force stopped Palestinians from driving on the main road
through the West Bank; B'Tselem described this as a first step
towards
"total 'road apartheid'". Criticism of Israeli
policies on similar grounds has arisen from, among others,
Haggai Alon, a senior defence advisor.
Mustafa Barghouti, a Palestinian
legislator and former presidential candidate, said that apartheid
was the only word to describe Israel's creation of separate roads
for Palestinians, its
discrimination
in
allocation of water, ongoing
settlement construction, and differences in per capita income
between Israelis (both Jewish and non-Jewish) and Palestinians. He
also asserted that the US-sponsored peace process gave Israel time
to
"continue settlements building, to continue having the
checkpoints and restrictions, to continue creating this apartheid
system". The World Bank found in 2009 that Israeli settlements
in the West Bank (which amount to 15% of the population of the West
Bank) are given access to over 80% of its fresh water resources,
despite the fact that the Oslo accords call for "joint" management
of such resources. This has created, according to the Bank, "real
water shortages" for the Palestinians.
Travel and movement
A permit and
closure system was
introduced in 1990.
Leila Farsakh
maintains that this system imposes "on Palestinians similar
conditions to those faced by blacks under the
pass laws. Like the pass laws, the permit system
controlled population movement according to the settlersâ
unilaterally defined considerations." In response to the
al-Aqsa intifada, Israel modified the
permit system and fragmented the WBGS [West Bank and Gaza Strip]
territorially. "In April 2002 Israel declared that the WBGS would
be cut into eight main areas, outside which Palestinians could not
live without a permit."
John Dugard has
said these laws "resemble, but in severity go far beyond,
apartheid's pass system".
In 2003, a year after
Operation Defensive Shield, the
Israeli government announced a project of "fences and other
physical obstacles" to prevent Palestinians crossing into Israel.
Several figures, including
Mohammad
Sarwar,
John Pilger, and
Mustafa Barghouti and others have
described the resultant West Bank barrier as an "apartheid
wall".
Supporters of the
West Bank
barrier consider it to be largely responsible for reducing
incidents of terrorism by 90% from 2002 to 2005. Israel's foreign
minister, Silvan Shalom, stated in 2004 that the barrier is not a
border but a temporary defensive measure designed to protect
Israeli civilians from terrorist infiltration and attack, and can
be dismantled if appropriate.
The Supreme Court of Israel
ruled that the barrier is defensive and accepted
the government's position that the route is based on security
considerations.
Education
Separate and unequal education systems were a central part of the
apartheid regime's strategy to limit black children to a life in
the mines, factories and fields. The disparities in Israel's
education system are not nearly so great, but the gap is wide. In
1992 a government report concluded that nearly twice as much money
was allocated to each Jewish child as to each Arab pupil.
A report published in March 2009 showed that the government
invested US$1,100 (Dh4,035) in each Jewish pupilâs education
compared to $190 for each Arab pupil. There was also a shortfall of
more than 1,000 classrooms for Arab students.
A 2004 Human Rights Watch reportidentified "huge disparities in
education spending" and stated that "discrimination against Arab
children colours every aspect" of the education system. Exam
pass-rate for Arab pupils were about one-third lower than that for
their Jewish compatriots.
2009 education ministry figures show 32 per cent of Arab students
passed their matriculation exam last year, compared to 60 per cent
of Jewish students. The pass rate had dramatically dropped from the
50.7 per cent of Arab pupils who matriculated in 2006.
Use of the apartheid analogy
The idea of "Israeli apartheid" emerged in the final years of the
white South African regime (in the early 1990s), when Palestinians
opposed to South African apartheid drew the link between Israel and
South Africa. Comparisons between Israeli policies and apartheid
have been made by groups and individuals, including:
Some commentators including Brockmann, Klein and UK MP Gerald
Kaufman have suggested sanctions against Israel along the South
African model to ultimately improve the situation. Contemporary
global political discourse regarding Israel incorporates usages of,
and controversy over, the phrase "Israeli apartheid" and its
variations.
In relation to the Israeli disengagement plan
In January 2004,
Ahmed Qureia, then the
Palestinian Prime Minister, said that the building of the West Bank
barrier, and the associated Israeli absorption of parts of the West
Bank, constituted "an apartheid solution to put the Palestinians in
cantons."
Colin Powell, then
U.S. Secretary of State, commented on
Queria's statements by affirming U.S. commitment to a two-state
solution while saying, "I don't believe that we can accept a
situation that results in anything that one might characterize as
apartheid or
Bantuism."
An
academic paper by Professor Oren Yiftachel, Chair of the Geography
Department at the Ben Gurion University of the
Negev
, predicted that Israel's unilateral
disengagement plan will result in "creeping apartheid" in the
West Bank, Gaza, and in Israel itself. Yiftachel argues
that, "Needless to say, the reality of apartheid existed for
decades in Israel/Palestine, but this is the first time a Prime
Minister spells out clearly the strengthening of this reality as a
long-term political platform" and that the plan would entrench a
situation that can be described as "neither two states nor one,"
separating Israelis from Palestinians without giving Palestinians
true sovereignty.
Meron Benvenisti, an Israeli political
scientist and the former deputy mayor of Jerusalem
, predicted that the interim disengagement plan
would become permanent, with the West Bank barrier entrenching both
the isolation of Palestinian communities and the existence of
Israeli settlements. He warned that Israel is moving towards
the model of apartheid South Africa through the creation of
"
Bantustan" like conditions in the West
Bank and Gaza Strip.
The Economist, in an article
on the debate over withdrawal from the West Bank and Gaza Strip,
asserted that "Keeping the occupied land will force on Israel the
impossible choice of being either an apartheid state, or a
binational one with Jews as a minority."
Michael Tarazi, a Palestinian proponent of the
binational solution has argued that it
is in Palestine's interest to "make this an argument about
apartheid," even to the extent of advocating
Israeli settlement: "The longer they stay
out there, the more Israel will appear to the world to be
essentially an apartheid state".
By notable authors
Geoffrey Wheatcroft has noted that, historically, Israeli officials
had mulled the possibility of adopting the South African apartheid
model as one that the state of Israel itself might emulate. In the
late 1970s "(t)hey didn't wish to copy what was once called 'petty
apartheid', the everyday harassment of black South Africans, but
'grand apartheid', the Nationalists' attempt to conjure away the
problem of minority rule by dividing the country into supposedly
autonomous cantons or 'homelands'."
Uri Davis wrote in 1987 that apartheid in
Israel is a legal reality, even though it has a different legal
structure than in the Republic of South Africa. He asserts that
where the Republic of South Africa had an official value system of
apartheid and made a key legal distinction between "white",
"coloured", "Indian" and "black", Israel has an official value
system of Zionism and makes a key legal distinction between "Jew"
and "non-Jew". He suggests that this distinction is made in a
two-tier structure that had concealed Israeli apartheid legislation
for "almost four decades" at the time when he wrote.
Uri Avnery applies parts of the analogy
to "the reality in the occupied Palestinian territories" which he
describes as "in many respects similar to reality under the
apartheid regime," but warns that there are also important
differences between the two conflicts.
By Adam and Moodley

Adam and Moodley apply lessons that
were learned in South Africa to the resolution of the
Israeli-Palestinian conflict.
Heribert Adam of Simon Fraser
University
and Kogila Moodley of
the University of British
Columbia
, in their 2005 book-length study Seeking
Mandela: Peacemaking Between Israelis and Palestinians, apply
lessons learned in South Africa to resolution of the Israeli-Palestinian
conflict. They divide academic and journalistic
commentators on the analogy into three groups:
- "The majority is incensed by the very analogy and deplores what
it deems its propagandistic goals."
- "'Israel is Apartheid' advocates include most Palestinians,
many Third World academics, and several Jewish post-Zionists who idealistically predict an
ultimate South African solution of a common or binational state."
- A third group which sees both similarities and differences, and
which looks to South African history for guidance in bringing
resolution to the conflict between Israel and the
Palestinians.
Adam and Moodley also suggest that political actors such as former
Israeli Prime Ministers
Ariel Sharon and
Ehud Barak used the analogy "self-servingly in
their exhortations and rationalizations" and that such actors "have
repeatedly deplored the occupation and seeming 'South
Africanization' but have done everything to entrench it."
Adam and Moodley argue that notwithstanding universal suffrage
within Israel proper "if the Palestinian territories under more or
less permanent Israeli occupation and settler presence are
considered part of the entity under analysis, the comparison
between a disenfranchised African population in apartheid South
Africa and the three and a half million stateless Palestinians
under Israeli domination gains more validity."Adam, Heribert &
Moodley, Kogila. , University College London Press, p.20f. ISBN
1-84472-130-2
Second-class citizenship: "Above all, both Israeli
Palestinians and Coloured and Indian South Africans are restricted
to second-class citizen status when another ethnic group
monopolizes state power, treats the minorities as intrinsically
suspect, and legally prohibits their access to land or allocates
civil service positions or per capita expenditure on education
differently between dominant and minority citizens."
"Mandela's vision succeeded because it evoked a universal morality.
Common ideological and economic bonds existed between the
antagonists inside South Africa. An outdated racial hierarchy
eventually clashed with economic imperatives when the costs
exceeded the benefits of racial minority rule in a global pariah
state. In the Israeli case, outside support sustains intransigence.
Only when the colonial policies of occupation embarrass and
threaten their stronger patrons abroad or can no longer be so
easily contained inside (as apartheid racial capitalism did in the
Cold War competition) can outside pressure on Israel be expected.
This turning of the tables will impact the Israeli public as much
as outside perception is affected by visionary local leaders and
events. Despite gains in global empathy, Palestinians are still at
the mercy of a superior adversary in every respect, which even a
Mandela would not have been able to overcome. In this impasse, hope
is offered by Israeli progressive moral dissent on the Left as well
as opportunistic calculations on the Right that the occupation
harms the occupier. Israel has the capacity to reach a meaningful
compromise, but has yet to prove its willingness. The Palestinian
mainstream has the willingness, but lacks the capacity, to initiate
a fair settlement."
In part, analysts like Adam and Moodley argue, this controversy
over terminology arises because Israel as a state is unique in the
region. Israel is perceived as a Western
democracy and is thus likely to be judged by the
standards of such a state. Western commentators, too, may feel "a
greater affinity to a like minded polity than to an autocratic
Third World state." Israel also claims to be a home for the
worldwide
Jewish diaspora and a
strategic outpost of the
Western world
which "is heavily bankrolled by U.S. taxpayers" who can be viewed
as sharing a
collective
responsibility for its behaviors. Radical Islamists, according
to some analysts, "use Israeli policies to mobilize anti-Western
sentiment", leading to a situation in which "(u)nconditional U.S.
support for Israeli expansionism potentially unites Muslim
moderates with
jihadists." As a result of
these factors, according to this analysis, the West Bank Barrier â
nicknamed the "apartheid wall" â has become a critical frontline in
the
War on Terrorism.
At the same time, Adam and Moodley note that Jewish historical
suffering has imbued Zionism with a subjective sense of moral
validity that the whites ruling South Africa never had: "Afrikaner
moral standing was constantly undermined by exclusion and
domination of blacks, even subconsciously in the minds of its
beneficiaries. In contrast, the similar Israeli dispossession of
Palestinians is perceived as self-defense and therefore not
immoral." They also suggest that academic comparisons between
Israel and apartheid South Africa that see both dominant groups as
"settler societies" leave unanswered the question of "when and how
settlers become indigenous," as well as failing to take into
account that Israeli's
Jewish immigrants view
themselves as returning home. "In their self-concept, Zionists are
simply returning to their ancestral homeland from which they were
dispersed two millennia ago. Originally most did not intend to
exploit native labor and resources, as colonizers do." Adam and
Moodley stress that "because people give meaning to their lives and
interpret their worlds through these diverse ideological prisms,
the perceptions are real and have to be taken seriously."
Adam and
Moodley also argue that "apartheid ideologues" who justified their
rule by claiming self-defense against "African National Congress(ANC)-led
communism" found that excuse outdated after the collapse of the
Soviet
Union
, whereas "continued Arab hostilities sustain the
Israeli perception of justifiable self-defense."
Adam and Moodley contend that the relationship of South African
apartheid to the Israeli-Palestinian conflict has been
misinterpreted as "justifying suicide bombing and glorifying
martyrdom." They argue that the ANC "never endorsed terrorism," and
stress that "not one suicide has been committed in the cause of a
thirty-year-long armed struggle, although in practice the ANC
drifted increasingly toward violence during the latter years of
apartheid."
By the United Nations
John Dugard, a South African professor of
international law and an ad hoc Judge on the International
Court of Justice
, serving as the Special Rapporteur for the
United Nations on the situation of human rights in the Palestinian
territories described the situation in the West Bank as "an
apartheid regime ... worse than the one that existed in South
Africa." In 2007, in advance of a report from the United
Nations Human Rights Council, Dugard wrote that "Israel's laws and
practices in the OPT [occupied Palestinian territories] certainly
resemble aspects of apartheid." Referring to Israel's actions in
the occupied West Bank, he wrote, "Can it seriously be denied that
the purpose [...] is to establish and maintain domination by one
racial group (Jews) over another racial group (Palestinians) and
systematically oppressing them? Israel denies that this is its
intention or purpose. But such an intention or purpose may be
inferred from the actions described in this report."
The Human Sciences Research Council of South Africa (HSRC) is South
Africa's statutory research agency. In June 2009, it released an
exhaustive study indicating that Israel practices both colonialism
and apartheid in the Occupied Palestinian Territories and
suggesting that an advisory opinion on the legal consequences
should be sought from the International Court of Justice. The study
was conducted by an international team of scholars and
practitioners of international public law from South Africa, the
United Kingdom, Israel and the West Bank. The study reviewed
Israel's practices in the territories according to definitions of
colonialism and apartheid provided by international law. The
project was suggested by the January 2007 report by South African
jurist John Dugard, in his capacity as Special Rapporteur to the
United Nations Human Rights Council.
Danny Rubinstein, a columnist at Ha'aretz also reportedly likened Israel to
apartheid South Africa during a United Nations conference at the
European
Parliament
in Brussels
on 30 August 2007, stating: "Israel today was an
apartheid State with four different Palestinian groups: those in
Gaza, East Jerusalem, the West Bank and Israeli Palestinians, each
of which had a different status."
The current
President of
the United Nations General Assembly,
Miguel d'Escoto Brockmann,
reported the Israeli newspaper
Ha'aretz,
"likened Israel's policies toward the
Palestinians to
South
Africa's treatment of blacks under
apartheid. ... Brockmann stressed that it was
important for the
United Nations to
use the heavily-charged term since it was the institution itself
that had passed the International Convention against the
crime of apartheid."
By notable academic and media figures
Jimmy Carter, former
President of the United
States,
Camp David Accords
negotiator,
Nobel Peace Prize
winner, and author of the 2006 book entitled
Palestine Peace Not
Apartheid, maintained in that book that Israel's options
included a "system of apartheid, with two peoples occupying the
same land but completely separated from each other, with Israelis
totally dominant and suppressing violence by depriving Palestinians
of their basic human rights. This is the policy now being followed
..." Carter has also argued that the Israeli system is in some
cases more onerous than that of the apartheid government of South
Africa. Carter's use of the term "apartheid" has been calibrated to
avoid specific accusations of racism against the government of
Israel, and has been carefully limited to the situation in Gaza and
the West Bank. For instance, in a news release, Carter described
discussing his book and his use of the word "apartheid" with the
Board of Rabbis of Greater Phoenix, and noted, "I made clear in the
book's text and in my response to the rabbis that the system of
apartheid in Palestine is not based on racism but the desire of a
minority of Israelis for Palestinian land and the resulting
suppression of protests that involve violence."
Carter explains "apartheid" reference in letter to
U.S. Jews International
Herald Tribune, December 15, 2006, accessed 23 April
2007"
The six rabbis...and I...discussed the word "apartheid," which I
defined as the forced segregation of two peoples living in the same
land, with one of them dominating and persecuting the other. I made
clear in the book's text and in my response to the rabbis that the
system of apartheid in Palestine is not based on racism but the
desire of a minority of Israelis for Palestinian land and the
resulting suppression of protests that involve violence...my use of
"apartheid" does not apply to circumstances within Israel."
Zbigniew Brzezinski, former
National Security Advisor to President Carter, commented that the
absence of a resolution to the Israel-Palestine conflict is likely
to produce a situation which de facto will resemble
apartheid.
University
of Chicago
political science professor John Mearsheimer stated in June 2008 that,
"Five, 10 or 15 years ago, it was unthinkable to mention
âapartheidâ in relation to Israel. Now [Jimmy] Carter has
used it in the title of his book,
Palestine Peace Not
Apartheid". Mearsheimer added, "Israel is, in effect, creating
an apartheid state."
Bill Fletcher, Jr., former
president of the TransAfrica Forum, which led the U.S. movement to
overthrow apartheid in South Africa during the 1980s, published an
article in the
San Jose Mercury
News headlined, "Tactics that ended apartheid in S. Africa can
end it in Israel," calling for support for boycott, divestment and
sanctions against Israel.
Yakov Malik, the Soviet
Ambassador
to the United Nations accused Israelâan ally of the US in the
Cold War against the Sovietsâof
promulgating a "racist policy of apartheid against Palestinians"
following the imposition of Israeli rule in the West Bank and Gaza
Strip after the Six-Day War of
1967. Israel accused the Soviet Union
of publishing anti-Zionist tracts.
Raja G. Khouri, a member of the
Ontario Human Rights
Commission and former president of the
Canadian Arab Federation, supports
the apartheid analogy, and holds that the Israeli policies in
question are not motivated by racism.
British journalist
Melanie Phillips
has criticized
Desmond Tutu for
comparing Israel to Apartheid South Africa. Having made the
comparison in an article for
The Guardian in 2002, Tutu
stated that people are scared to say the "
Jewish lobby" in the
U.S. is powerful. "So
what?" he asked. "The apartheid government was very powerful, but
today it no longer exists. Hitler, Mussolini, Stalin, Pinochet,
Milosevic and Idi Amin were all powerful, but in the end they bit
the dust." Phillips wrote of Tutu's article: "I never thought that
I would see brazenly printed in a reputable British newspaper not
only a repetition of the lie of Jewish power but the comparison of
that power with Hitler, Stalin and other tyrants. I never thought I
would see such a thing issuing from a Christian archbishop ... How
can Christians maintain a virtual silence about the persecution of
their fellow worshippers by Muslims across the world, while
denouncing the Israelis who are in the front line against precisely
this terror?"
In December, 2006, Maurice Ostroff of the
Jerusalem Post criticized Tutu for being
well-intentioned, but ultimately misguided: "If he took the
opportunity during his forthcoming visit to impartially examine all
the facts, he would discover - to his pleasant surprise - that
accusations of Israeli apartheid are mean-spirited and
wrong-headed... He would find that whereas the apartheid of the old
South Africa was entrenched in law, Israel's Declaration of
Independence absolutely ensures complete equality of social and
political rights to all inhabitants, irrespective of religion,
race, or gender.
Norman Finkelstein, author of
numerous books relating to the
Arab-Israeli conflict and
anti-Semitism such as
Image and
Reality of the Israel-Palestine Conflict (1995),
The
Rise and Fall of Palestine: A Personal Account of the Intifada
Years (1998),
The
Holocaust Industry (2003), and
Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of
History (2005), defends Carter's analysis in
Palestine
Peace Not Apartheid as both historically accurate and
non-controversial outside the United States: "After four decades of
Israeli occupation, the infrastructure and superstructure of
apartheid have been put in place. Outside the never-never land of
mainstream American Jewry and U.S. media[,] this reality is barely
disputed."
Adrian Guelke, Professor of Comparative
Politics at Queen's University Belfast
and Director of the Centre for the Study of Ethnic
Conflict wrote that "Comparison of Israel's policies with the South
African policy of apartheid has become a very common theme of
Palestinian discourse at both an analytical and polemical level
and, it should be noted, use of the analogy is by no means confined
to Palestinians." Since the breakdown of the peace process
in 2000, he observed, "the use of this analogy has
mushroomed."
Fifty-three Stanford University
faculty from various fields other than Middle East,
Palestine or Israel studies, as well as staff from Stanford's
conservative think tank, the Hoover
Institution signed a letter expressing the view that "Israel is
not an Apartheid State" and that "the State of Israel has nothing
in common with apartheid"; that within its national territory
Israel is a liberal democracy in
which Arab citizens of Israel enjoy civil, religious, social, and
political equality. They alleged that likening Israel to
apartheid South Africa was a "smear," part of a campaign of
"malicious propaganda."
Ian Buruma has argued that even though
there is social discrimination against Arabs in Israel and that
"the ideal of a Jewish state smacks of racism", the analogy is
"intellectually lazy, morally questionable and possibly even
mendacious", as "[n]on-Jews, mostly Arab Muslims, make up 20% of
the Israeli population, and they enjoy full citizen's rights" and
"[i]nside the state of Israel, there is no apartheid".
An early example of the use of the word is a full-page
advertisement placed in the New York Times in March 1988 by
hundreds of intellectuals, academics, and activists declaring
Israel to be "an apartheid state, founded on pillage and predicated
on exclusivity".
By South Africans
By the government of South Africa
In
November 24, 2009, the South African government responded to
Israeli plans to expand the settlement of Gilo
in East Jerusalem by condemning it harshly,
stating that "We condemn the fact that Israeli settlement expansion
in East Jerusalem is coupled with Israel's campaign to evict and
displace the original Palestinian residents from the City."
The South African government drew a parallel between Israel's
actions in Jerusalem and forced removals of persons effected as
part of the South African apartheid regime.
South Africa's response to latest Israeli settlement
activities in East Jerusalem (South African Government Information,
Nov. 24, 2009)
SA condemns Israeli settlements in Gilo (The
Citizen, Nov. 24, 2009)
By South African individuals or organizations
In 2002
Anglican Archbishop and
Nobel Peace Prize winner
Desmond Tutu wrote a series of articles in
major newspapers,
Tutu, Desmond "Apartheid in the Holy Land".
The Guardian, April 29, 2002.
- Tutu, D., and Urbina, I. "Against Israeli apartheid", The Nation 275:4-5, posted June 27, 2002
(July 15, 2002 issue).
- [294613]
- [294614]
""It reminded me so much of what happened to us black people in
South Africa. I have seen the humiliation of the Palestinians at
checkpoints and roadblocks, suffering like us when young white
police officers prevented us from moving about. Many South Africans
are beginning to recognize the parallels to what we went through."
comparing the Israeli occupation of the West Bank to apartheid
South Africa, and calling for the international community to divest
support from Israel until the territories were no longer
occupied.
Other prominent South African
anti-apartheid activists have used apartheid
comparisons to criticize the occupation of the West Bank, and
particularly the construction of the separation barrier.
These
include Farid Esack, a writer who is
currently William Henry Bloomberg Visiting Professor at Harvard
Divinity School
, Ronnie Kasrils,
Winnie Madikizela-Mandela,
Dennis Goldberg, and Arun Ghandhi,Arun Ghandhi. Occupation "Ten Times Worse than Apartheid",
Speech, Palestinian International Press Center, August 29, 2004,
accessed September 17, 2006.
""When I come here and see the situation [in the Palestinian
territories], I find that what is happening here is ten times worse
than what I had experienced in South Africa. This is
Apartheid"
On 15 May 2008, 34 leading South African activists published an
open letter in
The
Citizen, under the heading "We fought apartheid; we see no
reason to celebrate it in Israel now!". The signatories, who
included Kasrils and several other government ministers,
COSATU General
Secretary
Zwelinzima Vavi,
Ahmed Kathrada,
Sam
Ramsamy and
Blade Nzimande, wrote
"Apartheid is a crime against humanity. It was when it was done
against South Africans; it is so when it is done against
Palestinians!"
On 6 June 2008, Mr.
Kgalema
Motlanthe, the Deputy President of the
African National Congress, who had
recently visited the Israeli-occupied West Bank and Gaza Strip,
told a delegation of Arab Knesset members visiting South Africa to
study its democratic constitution that conditions for Palestinians
under occupation were "worse than conditions were for Blacks under
the Apartheid regime."
In a letter to the President of the
Canadian Union of Public
Employees (CUPE), Ontario, Willie Madisha, the President of
COSATU wrote, "As someone who lived in
apartheid South Africa and who has visited Palestine I say with
confidence that Israel is an apartheid state. In fact, I believe
that some of the atrocities committed against the South Africans by
the erstwhile apartheid regime in South Africa pale in comparison
to those committed against the Palestinians."
Hendrik Verwoerd, then prime
minister of South Africa and the architect of South Africa's
apartheid policies, said in 1961 that "The Jews took Israel from
the Arabs after the Arabs had lived there for a thousand years.
Israel, like South Africa, is an apartheid state."
Former
deputy mayor of Jerusalem
Meron Benvenisti
relates in his 1986 book Conflicts and Contradictions that
during the 1970s, an official of the South African apartheid
compared Israeli-Palestinian relations to South African policy for
the Transkei in a meeting. The
Israeli officials present expressed shock at the comparison, and
the South African official said "I understand your reaction. But
aren't we actually doing the same thing? We are faced with the same
existential problem, therefore we arrive at the same solution. The
only difference is that yours is pragmatic and ours is
ideological."
In 2008 a delegation of
ANC veterans visited Israel and
the Occupied Territories, and said that in some respects it was
worse than apartheid.One member said "The daily indignity to which
the Palestinian population is subjected far outstrips the apartheid
regime." Another member, human rights lawyer Fatima Hassan, cited
the separate roads, different registration of cars, the indignity
of having to produce a permit, and long queues at checkpoints as
worse than what they had experienced during apartheid. But she also
thought the apartheid comparison was a potential "red
herring".Andrew Feinstein, a former ANC parliament member, was
shocked to see footage of teenagers heaping abuse on and throwing
stones at Palestinian children, especially done in the name of
Judaism. The delegation's final formal statement made no mention of
comparisons with apartheid and Dennis Davis, a high court judge,
said he thought the use of the term in the Middle East context was
"very unhelpful". Davis also noted that "There's no racial
superiority here. There's no pervading ideology that confirms the
inferiority of Palestinians." and concluded "But I think it's
incredibly unhelpful to say you can simply take this to be
apartheid and therefore the South African struggle is the same and
the South African solution is the same. That's a very lazy form of
reasoning." One of the Jewish members of the delegation said that
the comparison with apartheid is very relevant and that the
Israelis are even more efficient in implementing the
separation-of-races regime than the South Africans were, and that
if he were to say this publicly, he would be attacked by the
members of the Jewish community.
In May 2009,
The Human
Sciences Research Council of South Africa released a legal
study with the findings that Israel is practicing both colonialism
and apartheid in the occupied Palestinian territories. According to
this study, Israel practices the "three pillars" of apartheid in
the occupied territories:
- The first pillar "derives from Israeli laws and policies that
establish Jewish identity for purposes of law and afford a
preferential legal status and material benefits to Jews over
non-Jews".
- The second pillar is reflected in "Israel's 'grand' policy to
fragment the OPT [and] ensure that Palestinians remain confined to
the reserves designated for them while Israeli Jews are prohibited
from entering those reserves but enjoy freedom of movement
throughout the rest of the Palestinian territory. This policy is
evidenced by Israel's extensive appropriation of Palestinian land,
which continues to shrink the territorial space available to
Palestinians; the hermetic closure and isolation of the Gaza Strip
from the rest of the OPT; the deliberate severing of East Jerusalem
from the rest of the West Bank; and the appropriation and
construction policies serving to carve up the West Bank into an
intricate and well-serviced network of connected settlements for
Jewish-Israelis and an archipelago of besieged and non-contiguous
enclaves for Palestinians".
- The third pillar is "Israel's invocation of 'security' to
validate sweeping restrictions on Palestinian freedom of opinion,
expression, assembly, association and movement [to] mask a true
underlying intent to suppress dissent to its system of domination
and thereby maintain control over Palestinians as a group."
By Israelis
Jamal Zahalka, an Israeli-Arab member of the
Knesset
argued that
an apartheid system has already taken shape in that the West Bank
and Gaza Strip are separated into "cantons" and Palestinians are
required to carry permits to travel between them. Azmi Bishara, a former Knesset member, argued
that the Palestinian situation had been caused by "colonialist
apartheid."
Michael Ben-Yair,
attorney-general of Israel from 1993 to
1996 referred to Israel establishing, "an apartheid regime in the
occupied territories", in an essay published in
Haaretz.
Ehud Olmert, then Deputy Prime Minister of
Israel, commented in April 2004 that; "More and more
Palestinians are uninterested in a negotiated, two-state solution,
because they want to change the essence of the conflict from an
Algerian
paradigm to a South African one. From a
struggle against 'occupation,' in their parlance, to a struggle for
one-man-one-vote. That is, of course, a much cleaner struggle, a
much more popular struggle - and ultimately a much more powerful
one. For us, it would mean the end of the Jewish state." Olmert
made a similar remark in November 2007 as Prime Minister: "If the
two-state solution collapses, and we face a South African-style
struggle for equal voting rights, then the State of Israel is
finished."
Some Israelis have compared the separation plan to apartheid, such
as political scientist
Meron
Benvenisti, and journalist
Amira
Hass.
Ami Ayalon, a former admiral,
claiming it "ha[d] some apartheid characteristics."
Shulamit Aloni, former education minister and
leader of
Meretz, said that the state of
Israel is "practicing its own, quite violent, form of Apartheid
with the native Palestinian population."
A major 2002 study of Israeli settlement practices by the Israeli
human rights organization
B'Tselem
concluded: "Israel has created in the Occupied Territories a regime
of separation based on discrimination, applying two separate
systems of law in the same area and basing the rights of
individuals on their nationality. This regime is the only one of
its kind in the world, and is reminiscent of distasteful regimes
from the past, such as the apartheid regime in South Africa." A
more recent B'Tselem publication on the road system Israel has
established in the West Bank concluded that it "bears striking
similarities to the racist Apartheid regime," and even "entails a
greater degree of arbitrariness than was the case with the regime
that existed in South Africa."
Academic and political activist
Uri Davis,
an Israeli citizen who describes himself as an "
anti-Zionist Palestinian Jew", has written several books
on the subject, including
Israel: An Apartheid State in
1987.
Israeli
politician and former Knesset
member
Yossi Sarid criticised discriminatory
marriage law, exemption of Orthodox Jews from military service, and
banning of Arabs from purchasing Jewish National Fund land as
racist in a 2007 Ynetnews article entitled
Our apartheid state. He later compared a further
array of Israeli practices including the West Bank barrier,
separate roads, 'cheap hard labour', and Palestinian enclaves to
apartheid in a 2008
Ha'aretz column
entitled
Yes, it is apartheid. Sarid wrote 'what acts like
apartheid, is run like apartheid and harasses like apartheid, is
not a duck - it is apartheid. Nor does it even solve the problem of
fear' and added, 'One essential difference remains between South
Africa and Israel: There a small minority dominated a large
majority, and here we have almost a tie. But the tiebreaker is
already darkening on the horizon.'
Daphna Golan-Agnon, co-founder of
B'Tselem and founding director of
Bat Shalom writes in her 2002 book
Next Year
in Jerusalem, "I'm not sure if the use of the term
apartheid helps us to understand the discrimination
against Palestinians in Israel or the oppression against
Palestinians in the Occupied Territories. I'm not sure the
discussion about how we are like or unlike South Africa helps move
us forward to a solution. But the comparison reminds us that
hundreds of laws do not make discrimination just and that the
international community, the same international community we want
to belong to, did not permit the perpetuation of apartheid. And it
doesn't matter how we explain it and how many articles are written
by Israeli scholars and lawyersâthere are two groups living in this
small piece of land, and one enjoys rights and liberty while the
other does not."
In his article "Is it Apartheid?" Israeli anti-Zionist activist
Professor
Moshé Machover states
"... talk of Israeli 'apartheid' serves to divert attention from
much greater dangers. For, as far as most Palestinians are
concerned, the Zionist policy is far worse than apartheid.
Apartheid can be reversed. Ethnic cleansing is immeasurably harder
to reverse; at least not in the short or medium term."
Crime of apartheid
Israel has been accused by Palestinian organizations and their
supporters of the
crime of
apartheid under
international
law. For example, in 2006, at the UN-sponsored International
Conference of Civil Society in Support of the Palestinian People,
Phyllis Bennis, co-chair of the International Coordinating Network
on Palestine, opened the speeches of the civil society at the first
plenary of the conference by alleging "Once again, the crime of
apartheid [is] being committed by a United Nations Member State
[Israel]."
The crime of apartheid first became part of international law in
1973 when the International Convention on the Suppression and
Punishment of the Crime of Apartheid (ICSPCA) was adopted by the
United Nations General
Assembly. It defined it as "inhuman acts committed for the
purpose of establishing and maintaining domination by one racial
group ... over another racial group ... and systematically
oppressing them." Canada, France, Germany, Israel, Italy, the
Netherlands, the United Kingdom and the United States refused to
ratify it. At the outset the US stated: "[W]e cannot...accept that
apartheid can in this manner be made a crime against humanity.
Crimes against humanity are so grave in nature that they must be
meticulously elaborated and strictly construed under existing
international law..."
In 2002, a different definition of the crime of apartheid was
provided by Article 7 of the
Rome Statute of
the International Criminal Court. The crime of apartheid was
listed as one of several
crimes
against humanity, and was defined as including inhumane acts
such as torture, murder, forcible transfer, imprisonment, or
persecution of an identifiable group on political, racial,
national, ethnic, cultural, religious, or other grounds, "committed
in the context of an institutionalized regime of systematic
oppression and domination by one racial group over any racial group
or groups and committed with the intention of maintaining that
regime." This change to defining the crime of apartheid as
discrimination on the grounds of national, ethnic or cultural group
rather than racial group alone increased the applicability of the
law to Israeli policy in the West Bank.
No mechanism exists to prosecute any state for the crime of
apartheid, except referral from the
UN Security Council to the
International Criminal Court,
and no such referral has ever taken place. However, many of the
member states have given their national courts subject matter
jurisdiction over crimes defined in the Rome Statute under the
principle of
universal
jurisdiction.
Criticism of the apartheid analogy
Many have criticized the use of the analogy, arguing variously that
Israeli policies are different from those in apartheid South
Africa, that the motivation and historical context is different,
that there is a difference between the West Bank and Gaza policies
and those of in Israel proper, and that Israel is a democratic,
pluralist state.
Differences between Israeli and South African policies
Conversely,
StandWithUs, a pro-Israel
advocacy organization, argues that apartheid in the Republic of
South Africa was an official policy of discrimination against
blacks enforced through police violence, based on minority control
over a majority population who could not vote. They point out that
in contrast, Israel is a majority-rule democracy with equal rights
for all citizens including
Arab
citizens of Israel who vote freely. Israel contends with
prejudice in its population as all societies do, but such
prejudices are opposed by law. They also point out that
Palestinians West Bank and Gaza are not governed by Israel but by
the Palestinian Authority.
Unlike South Africa, where Apartheid prevented Black majority rule,
within Israel, the West Bank and Gaza Stripâthe territory Israel
controlsâthere are currently more Jews than Palestinians, although
Jews are only 48% of the population as a whole. However, most of
the West Bank and all of Gaza are not expected to be controlled by
Israel after a final settlement. In an essay comparing their
experience as black South Africans whose families fought against
apartheid with the current situation in Israel, Rhoda Kadalie and
Julia Bertelsmann wrote:
"Israel is not an apartheid state ...
Arab citizens of Israel can vote and serve in the
Knesset; black South Africans could not vote until
1994.
There are no laws in Israel that discriminate against
Arab citizens or separate them from Jews.
...
South Africa had a job reservation policy for white
people; Israel has adopted pro-Arab affirmative action measures in
some sectors.
Israeli schools, universities and hospitals make no
distinction between Jews and Arabs.
An Arab citizen who brings a case before an Israeli
court will have that case decided on the basis of merit, not
ethnicity.
This was never the case for blacks under
apartheid."
Benjamin Pogrund, author and member
of the Israeli delegation to the
United
Nations World
Conference against Racism, has argued that the
petty apartheid which
characterized apartheid-era South Africa does not exist within
Israel:
"The difference between the current Israeli situation
and apartheid South Africa is emphasized at a very human level:
Jewish and Arab babies are born in the same delivery room, with the
same facilities, attended by the same doctors and nurses, with the
mothers recovering in adjoining beds in a ward.
Two years ago I had major surgery in a Jerusalem
hospital: the surgeon was Jewish, the anaesthetist was Arab, the
doctors and nurses who looked after me were Jews and
Arabs.
Jews and Arabs share meals in restaurants and travel on
the same trains, buses and taxis, and visit each otherâs
homes.
Could any of this possibly have happened under
apartheid?
Of course not."
In response to increasing inequality between the Jewish and Arab
populations, the Israeli government established a committee to
consider, among other issues, policies of
affirmative action for housing Arab
citizens.
According to Israel advocacy group Stand
With Us, the city of Jerusalem
gives Arab residents free professional advice to
assist with the house permit process and structural regulations,
advice which is not available to Jewish residents on the same
terms.
Differences in motivations
Critics of the claim that Israel is motivated by racism argue that,
unlike
apartheid,
Israeli practices, even if they deserve to be criticized, are not
prompted by racial hatred.
Benjamin
Pogrund writes:
"In any event, what is racism?
Under apartheid it was skin colour.
Applied to Israel that's a joke: for proof of that,
just look at a crowd of Israeli Jews and their gradations in
skin-colour from the "blackest" to the "whitest"...
Occupation is brutalising and corrupting both
Palestinians and Israelis...
[b]ut it is not apartheid.
Palestinians are not oppressed on racial grounds as
Arabs, but, rather, as competitors â until now, at the losing end â
in a national/religious conflict for land."
John
Strawson, professor of international law at the University
of East London
argues against likening the concept of Zionism to
apartheid, saying
"...the way in which the "one-state
solution" was posed recycled much of the old discourses on Zionism
which constructed it as an essentially racist ideology comparable
to apartheid.
At the core of the argument is the position that as
Israel defines itself as a Jewish state this is an ethnic state
based on a racial hierarchy.
In this account Jews become the South African white
population and the Palestinians the non-whites.
The racist content of the state was seen in many laws
which discriminate against non-Jews and in favor of
Jews.
(25) Any discriminatory laws are seen as proof of a
racist regime a position which if systematically argued would find
almost all states as mainly characterized by racism.
However, some apparently discriminatory laws, such as
the 1950 Law of Return should perhaps be seen as affirmative action
in that it turned the Nazi discrimination and definition of a Jew
into the basis for citizenship in Israel.
The view that Israeli as a state based on
ethnic-nationalism is inevitably racist is a highly
problematic.
First most European states defined themselves as
nation-states and ethnicity has played a major role in sustaining
nationalism.
Within the Middle East the relationship between
ethnicity and state formation is clearly at work in Turkey where
constitution defines a citizen as a Turk (despite the 30% of the
population who are Kurdish), and Egyptâs official title is the
"Arab Republic of Egypt" (and yet it contains large Coptic, Nubian
and Berber minorities).
It is not the case that supporters of the Kurdish right
to self determination are denounced as racist who seek establish an
exclusive ethnic state.
Nor is it the case that states not based on
ethnic-nationalism are consequently accommodating to the indigenous
populations as the example of the United States and the position of
First Nation American graphically demonstrates.
The view that suggests that the attempt to create an
ethnic-national state is either motivated by racism or unique is
thus highly problematic given any serious study of nationalism.
(26) Zionism is a form of nationalism which along with other all
other nationalisms is necessarily based on the privilege of
inclusion and the discrimination of exclusion. Strawson also argues
against the analogy as applied to Israel proper by saying
"Israel...lacks the features of an apartheid
state.
The Palestinian, Druze and other minorities in Israel
are guaranteed equal rights under the Basic Laws.
All citizens of Israel vote in elections on an equal
basis.
There are no legal restrictions on movement, employment
or sexual or marital relations.
The universities are integrated.
Opponents of Zionism have free speech and assembly and
may form political organizations."
Michael Kinsley's article "It's Not
Apartheid", published in
Slate and the
Washington Post, states that Carter
"makes no attempt to explain [the use of the word 'apartheid']" and
refers to Carter's usage of the term as "a foolish and unfair
comparison, unworthy of the man who won -- and deserved -- the
Nobel Peace Prize..."
"To start with, no one has yet thought to accuse Israel
of creating a phony country in finally acquiescing to the creation
of a Palestinian state.
Palestine is no Bantustan...
Furthermore, Israel has always had Arab
citizens....
No doubt many Israelis have racist attitudes toward
Arabs, but the official philosophy of the government is quite the
opposite, and sincere efforts are made to, for example, instill
humanitarian and egalitarian attitudes in children.
That is not true, of course, in Arab countries, where
hatred of Jews is a standard part of the curriculum."
Citing what he calls "the most tragic difference," Kinsley
concludes: "If Israel is white South Africa and the Palestinians
are supposed to be the blacks, where is their
Mandela?"
Criticism of the "Israeli apartheid" usage for its inherent
implication of racism has been widespread. In 2003, South Africa's
minister for home affairs Chief
Mangosuthu Buthelezi said that "The
Israeli regime is not apartheid. It is a unique case of democracy".
According to Fred Taub, the President of Boycott Watch, "[t]he
assertion ... that Israel is practicing apartheid is not only
false, but may be considered libelous. ... The fact is that it is
the Arabs who are discriminating against non-Muslims, especially
Jews." Similarly, in 2004,
Jean-Christophe Rufin, former
vice-president of
Médecins Sans FrontiÚres
and president of
Action Against
Hunger, recommended in a report about anti-Semitism
commissioned by French Interior Minister
Dominique de Villepin that charges of
apartheid and racism against Israel be criminalized in France, to
the extent they're unjustified. He wrote:
"[T]here is no question of penalising political
opinions that are critical, for example, of any government and are
perfectly legitimate.
What should be penalised in the perverse and defamatory use of the charge of racism against those very people who were victims of
racism to an unparalleled degree.
The accusations of racism, of apartheid, of Nazism carry extremely grave moral
implications.
These accusations have, in the situation in which we
find ourselves today, major consequences which can, by contagion,
put in danger the lives of our Jewish
citizens.
It is why we invite reflection on the advisability and
applicability of a law ... which would permit the punishment of
those who make without foundation against groups, institutions or
states accusations of racism and utilise for these accusations
unjustified comparisons with apartheid or Nazism."
Irwin Cotler, a Canadian MP and
anti-apartheid activist who was once a lawyer for
Nelson Mandela said "The second manifestation
[of anti-semitism] is the indictment of Israel as an apartheid
state.
The idea that "Israeli apartheid" implies a policy of racial or
other discrimination against Arabs or Muslims has been rejected by
other figures. In 2004's
The Trouble with Islam
Today,
Irshad Manji argues
that the allegation of apartheid in Israel is deeply misleading,
noting that there are in Israel several Arab political parties;
that Arab-Muslim legislators have veto powers; and that Arab
parties have overturned disqualifications. She also points to Arabs
like
Emile Habibi, who have been
awarded prestigious prizes.
She also observes that Israel has a free
Arab
press
; that road signs bear Arabic translations; and that
Arabs live and study alongside Jews. She also claims that
Palestinans commuting from the West Bank are entitled to state
benefits and legal protections.
Malcolm Hedding, a South African minister who worked against South
African apartheid, says:
"Calling Israel an 'apartheid state' is absolute
nonsense.
You might have structures that look like apartheid, but
they're not.
The barrier fence has nothing to do with apartheid and
everything to do with Israel's self-defense.
There was no such barrier until the second intifada,
when people were being murdered on the highways.
And the country does not dehumanize its minority in the
sense of apartheid.
The issues are totally different."
Hedding believes Israel has proven its desire to reach an
accommodation with the Palestinians while granting political rights
to its own Arab citizens within a liberal democratic system, but
that the Palestinians remain committed to Israel's destruction. By
contrast, he says, it was a tiny minority in South Africa that held
power and once democracy came, the Nationalist Party that had
dominated the masses disappeared.
Julia I. Bertelsmann, editor-in-chief of New Society: Harvard
College Student Middle East Journal and Rhoda Kadalie disagree with
the analogy, and believe it is motivated by politics. They say that
the "Neither the far right nor the ANC's left can tolerate or even
comprehend the economic success of South African Jews, which was
largely achieved in spite of - not because of - both governments.
Nor can they come to terms with a strong, successful, and
democratic Israel. It goes against the dualism between strong
oppressors and the weak oppressed according to which every
political issue is framed in South Africa and every government
failure is justified." They also note that Israel has been ranked
"free" consistently in Freedom House's
Freedom in the World rankings,
unlike South Africa was during apartheid.
The West Bank and Gaza
New Historian Benny Morris told
CAMERA:
"Israel is not an apartheid state â rather the
opposite, it is easily the most democratic and politically egalitarian state in the Middle East, in which
Arabs Israelis enjoy far more freedom, better social services, etc. than in all the Arab
states surrounding it.
Indeed, Arab representatives in the Knesset
, who
continuously call for dismantling the Jewish state, support the
Hezbollah, etc., enjoy more freedom than
many Western democracies give their internal
Oppositions.
(The U.S. would prosecute and jail Congressmen calling
for the overthrow of the U.S.
Govt. or the demise of the U.S.) The best comparison
would be the treatment of
Japanese Americans by the US Govt ... and the British
Govt.
[incarceration] of German émigrés in Britain WWII ...
Israel's Arabs by and large identify with Israel's
enemies, the Palestinians.
But Israel hasn't jailed or curtailed their freedoms en
masse (since 1966 [when Israel lifted its state of martial
law]).
Morris later added: "Israel ... has not jailed tens of thousands of
Arabs indiscriminately out of fear that they might support the Arab
states warring with Israel; it did not do so in 1948, 1956, 1967,
1973 or 1982 â despite the Israeli Arabs' support for the enemy
Arab states."
"As to the occupied territories, Israeli policy is
fueled by security considerations (whether one agrees with them or
not, or with all the specific measures adopted at any given time)
rather than racism (though, to be sure, there are Israelis who are
motivated by racism in their attitude and actions towards Arabs) â
and indeed the Arab population suffers as a result.
But Gaza's and the West Bank's population (Arabs) are
not Israeli citizens and cannot expect to benefit from the same
rights as Israeli citizens so long as the occupation or
semi-occupation (more accurately) continues, which itself is a
function of the continued state of war between the Hamas-led
Palestinians (and their Syrian and other Arab allies) and
Israel."
President Carter has frequently reiterated the point that his "use
of 'apartheid' does not apply to circumstances within Israel."
Regarding the title of his book Carter has said:
"It's not Israel.
The book has nothing to do with what's going on inside
Israel which is a wonderful democracy, you know, where everyone has
guaranteed equal rights and where, under the law, Arabs and Jews
who are Israelis have the same privileges about
Israel.
That's been most of the controversy because people
assume it's about Israel.
It's not.
"I've never alleged that the framework of apartheid
existed within Israel at all, and that what does exist in the West
Bank is based on trying to take Palestinian land and not on
racism.
So it was a very clear distinction."
In his review of Carter's book
Joseph
Lelyveld notes that South Africa's Apartheid policy was also
about land as much as racism, and comments that the use of
"apartheid" by Carter is "basically a slogan, not reasoned
argument".
Former South African President
F.W. de
Klerk, who with Nelson Mandela played a key role in ending
apartheid, said in an interview with
France24, when questioned relating to the analogy
regarding the West Bank "I think comparisons are odious. I think
itâs dangerous. Itâs not a direct parallel."
In an
op-ed for the Jerusalem Post, Gerald
Steinberg, Professor of Political Studies at Bar Ilan
University
, argued that "Black labor was exploited in
slavery-like conditions under apartheid; in contrast, Palestinians
are dependent on Israeli employment due to their own internal
corruption and economic failures."
Ishmael Khaldi, deputy consul general
of Israel for the Pacific Northwest, and Bedouin Muslim, in
response to
Israel Apartheid
Week, criticising the analogy, says
Do Israel's Arab citizens suffer from
disadvantage?
You better believe it.
Do African Americans 10 minutes from the Berkeley
campus suffer from disadvantage - you better believe it,
too.
So should we launch a Berkeley Apartheid Week, or
should we seek real ways to better our societies and make
opportunity more available...Vilification and false labeling is a
blind alley that is unjust and takes us nowhere...You deny Israel
the fundamental right of every society to defend itself...Your
criticism is willfully hypocritical....You are betraying the
moderate Muslims and Jews who are working to achieve peace...To the
organizers of Israel Apartheid Week I would like to say: If Israel
were an apartheid state, I would not have been appointed here, nor
would I have chosen to take upon myself this duty.
See also
References
External links
Endorse the Analogy
Counter the Analogy
Discussion
Further reading
- "No apartheid in the Middle East" The Guardian February 27, 2007
- Adam, Heribert and Kogila Moodley. Seeking Mandela :
peacemaking between Israelis and Palestinians. Politics,
history, and social change. Philadelphia: Temple University
Press, 2005. ISBN 1592133959; 1592133967.
- Bard, Mitchell. "Myths & Facts Online. Human Rights in Israel and the Territories",
American-Israeli
Cooperative Enterprise.
- Barghouti, Omar. "Israeli Apartheid - Time for the South African
Treatment".
- Buruma, Ian. "Do not treat Israel like apartheid South
Africa", The Guardian, July 23,
2002.
- Carey Ron et al. The New Intifada: Resisting Israel's
Apartheid. Verso, 2001. ISBN 1-85984-377-8
- Carter, Jimmy. Palestine: Peace Not
Apartheid. Simon & Schuster, 2006. ISBN
0-7432-8502-6
- Collins, Frank. "Israel Prepares The Ground for An Apartheid
Autonomy in The Territories" in Washington Report on Middle
East Affairs October/November 1995, pg. 10 web archive
- Davis, Uri. Apartheid Israel: Possibilities for the
Struggle Within. Zed Books, 2004. ISBN 1-84277-339-9
- Dugard, John. 59th Session of the General Assembly Third
Committee, Item 105, 28 October 2004
- Farsakh, Leila: "Israel
an apartheid state?", Le
Monde diplomatique, November 2003
- __________. "Independence, Cantons, or Bantustans: Whither the
Palestinian State?" in The Middle East Journal, 59:2,
April 2005, pp. 230â245
- Falkson, Jock L. "An Apartheid State? Or
The Greatest Lie Ever Told?"
- Herman, Edward "Israeli
Apartheid And Terrorism" in Zmag, May 1994 Zmag archive
- Giraut F., 2004, âApartheid et IsraĂ«l/Palestine, enseignements
et contresens dâune analogieâ, CybergĂ©o (Revue EuropĂ©enne en ligne
de Géographie) Points Chauds, 20 p, [294615]
- Giraut F., 2004, âApartheid et IsraĂ«l/Palestine, analogie et
contresensâ,Outre-Terre 9, pp. 145â154. [294616]
- Glaser, D. J. "Zionism and Apartheid: a moral comparison" in
Ethnic and Racial Studies, 26:3 2003
- Jamjoum, Hazem. Not an Analogy: Israel and the Crime of
Apartheid [294617]
- Lewan, Kenneth M. Ist Israel SĂŒdafrika? Tossens:
Dura-Verlag, 1993. ISBN 3926703024.
- Ornan, Uzi. (Hebrew article on Israel and apartheid laws) in
Ha'aretz May 17, 1991
- Pogrund, Benjamin. "Apartheid? Israel is a democracy in which Arabs vote",
MidEastWeb.
- Shahak, Israel. "Israeli apartheid and the intifada" in
Race & Class, 30:1, 1-12 (1988)
- Siegel, Jennifer. "Carter Book Slaps Israel With âApartheidâ Tag,
Provides Ammo to GOP", The
Forward, October 17, 2006.
- Shimoni, Gideon. "Deconstructing Apartheid Accusations Against
Israel", Jerusalem Center for Public
Affairs, September 2, 2007.
- Tutu, Desmond & Urbina Ian. Against Israeli apartheid.
- Yiftachel, O. "From Fragile âPeaceâ to Creeping Apartheid:
Notes on the Recent Politics of Israel/Palestine" Arena
Journal (New Series) 16(1), 13-25, 2001 [294618]
- Yiftachel, O. âBetween Apartheid and Peace: Can Israel Learn
from International Experience?â, Tikkun Magazine, Jan/Feb
2001, [294619]