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chapter two
This means that efforts to secure equal legal and political status for
Arabs by highlighting the discriminatory legal and political outcomes of
Israel’s total bias in favour of its Jewish citizens are outlawed and rendered
susceptible to a prison sentence. Importantly, the 2002 amendment
includes new grounds for disqualification, namely, “support for an armed
struggle of an enemy state or of a terrorist organization against the State
of Israel” (Sultany 2003, 25–26). Here, the ambiguity of terms such
as “armed struggle” and “terrorist organization,” coupled with the characterization of neighbouring Arab and Muslim countries (Afghanistan, Iran,
Iraq, Lebanon, Libya, Pakistan, Sudan, Syria and Yemen) and the Gaza
Strip as “enemy states” are ambiguous and target the Palestinian citizenry.
Indeed, in practice, this legislation is almost exclusively applied to
Arab MKs.
ii. On June 30, 2008, the Knesset plenum passed Amendment No. 39 to The
Basic Law: The Knesset (Candidate who Unlawfully Stayed in an Enemy
State). This amendment restricts the freedom of movement of Arab MKs
to neighbouring Arab or Muslim states defined by Israel as ‘enemy states’.
This prohibition was applied retroactively to Arab MKs and was explicitly
developed in the context of visits by Arab MKs, namely former MK
Dr. Azmi Bishara, to neighbouring Arab states. Following the approval of
the amendment, Knesset member Zevulun Orlev (National UnionNational Religious Party) said: “From today, Arab MKs will have to decide:
either the Syrian parliament or the Israeli parliament.”52 Incidentally, as
noted by Attorney Haneen Na’amnih of Adalah:
The new amendment to the Basic Law constitutes a flagrant violation of the
constitutional right to be elected. It also circumvents prior judicial rulings,
including the Supreme Court’s decision that overturned the decision of the
Central Election Committee to disqualify the candidacy of MK Azmi Bishara
because of his visits in Syria, his political speeches, and other claims. The
Supreme Court’s decision emphasized the importance of the constitutional
right to run and be elected.53
iii. Finally, on April 1, 2009, another amendment was proposed to The Basic
Law: The Government Loyalty Oath which posits that upon taking up a
ministerial office, all Ministers must make a loyalty oath to the state as a
“Jewish, Zionist and democratic state” and to the values and symbols of
52 Amnon Meranda, “Bill banning those who visit enemy states from Knesset duty
approved,” Ynet News, June 30, 2008, http://www.ynetnews.com/articles/0,7340,L-3562284,00
.html.
53 Shihadeh, “Israel and the Palestinian Minority: Mada’s Bi-monthly Report,” 5.
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