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chapter two
the first formal statements by collectives from the Palestinian community
in Israel on their placement within Israeli society and politics. Together,
these statements touch upon similar themes, and articulate the community’s intricate understanding and criticisms of the principles of democracy, representation, citizenship and minority rights in Israel. Further, by
deconstructing notions of ‘the Jewish and democratic state’, illuminating
the lack of space for a Palestinian identity in a Zionist state, and pointing
to the failures of Israel’s project of coexistence, these documents indicate
the development of a new consciousness among the Arab community.
While they each possess their own distinguishing features and approach
the question of Palestinian presence in Israel from a different angle, they
are more or less in agreement that Israel must accept responsibility for
injustices against the Palestinian people, including recognition of the
Nakba, the right of return of Palestinian refugees as per UN Resolution 194,
and the Palestinian right to national self-determination within the pre1967 borders.
Of these documents, The Democratic Constitution and The Haifa
Declaration deserve particular attention.67 Responding to the range of
draft constitutions proposed by Israeli groups, none of which posit the
right to complete equality among citizens and residents nor recognize the
Arab community as indigenous to the land, The Democratic Constitution
(hereafter ‘DC’) aims to provide the Israeli Knesset with an alternative
vision. The DC is essentially a draft constitution whose conception of liberties and rights is based upon the legal experiences of established democratic states along with a broad range of international human rights
covenants and declarations.68 This document addresses a range of logistical legal questions of governmental and judicial powers, citizen and
minority participation in political decision-making and operative issues
pertaining to the right to sustainable development, due process, privacy,
health and housing, and freedoms including, among others, political
expression and association, mobility, and conscience. Throughout its
address, the DC makes references to international legal covenants to
which Israel is already party. Perhaps its most important contribution is
the provision of an account of citizenship based upon the principle and
right of non-discrimination. Stressing the historical significance of the
67 See Appendices I and II for selections of both documents.
68 Adalah: The Legal Center for Arab Minority Rights in Israel, The Democratic
Constitution, March 2007: 5, http://www.adalah.org/Public/files/democratic_constitution
-english.pdf.
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