liberal pretence of a jewish state143
upheld this position in the recently passed Ensuring Rejection of the Right
of Return Law (2001). This law states that Palestinian refugees, including
those displaced from the West Bank and Gaza Strip in 1967, will not be
able to return without an explicit approval from an absolute majority of
government ministers. According to MK Yisrael Katz, the purpose of the
bill during its preliminary readings in May 2000 was to reflect
… a Zionist consensus not to allow the refugees of 1948 and 1967 to return to
the sovereign areas of the State of Israel … whoever wishes to live in a
democracy and in equality – will find a place with us. Whoever seeks another
national identity – let him go elsewhere. The right of return, a state for all its
citizens – are expressions synonymous to the wish to destroy Israel.26
As shown in Chapter Two and alluded to in Chapter Five below, Arab calls
for equal citizenship have been vehemently rejected by consecutive Israeli
governments. Instead, claims made by Arab citizens for equality and freedom from discrimination to be explicitly entrenched as a constitutional
right in Israeli law are rendered an act of hostility against the state; and its
preference for Jewish dominance in all spheres of life. Far from opposing
this political, social and legal arrangement, this position is in tune with the
liberal defence of Zionism provided by Yakobson and Rubinstein. They too
believe that the problem is not that Jews exclusively have a right to return
to the land and travel freely, but that Palestinians do not have a state to
provide them with this right. Evidently, this line of argumentation is
completely deficient with respect to an analysis of power. The rights, benefits and freedoms of one collective do not exist in a vacuum and are
intimately tied in a relation of exception to those outside of this collective.
As a result, it is the political and legal context of The Law of Return (1950)
that makes it problematic. In other words, the right of return becomes
prejudicial in a context where Jews have the right of immigration but
Palestinians do not simply because of their non-Jewish ethnic identity.27
Under these circumstances, where, for instance, there has never been a
parallel attempt to allow for the possible integration of Palestinians in
Israel; where refugees from around the world cannot return to their cities
and towns of birth; and where Palestinian citizens cannot unite with their
spouses or family members in the West Bank, Gaza Strip, and neighbouring Arab countries because of their non-Jewish status, the Jewish access
26 Quoted in Sultany (2003, 19–20).
27 Though beyond the present scope, it is important to mention that the existing
critique of this law is more far reaching than presented here. See, for example, Cook (2008)
and Badil (2007), among other sources.
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