Fear of a constitution which disadvantages the already disenfranchised
MK Jamal Zachalka (National Democratic Assembly) stated that almost all Arab parties want a democratic constitution, but that he prefers the status quo to a constitution that...
Arab misgivings about an Israeli constitution
Fear of a constitution which disadvantages the already disenfranchised MK Jamal Zachalka (National Democratic Assembly) stated that almost all Arab parties want a democratic constitution, but that he prefers the status quo to a constitution that enables discrimination, specifically against the Arabs. This, he stated, could happen given the current balance of power in the Knesset. Can a Jewish state include full expression of minority rights? MK Zachalka said that collective rights cannot be debated in a vacuum. It is important, he said, that equality be given a prominent place in the constitution, not simply half a sentence. He could not consider supporting a constitutional definition of Israel as a Jewish state, he said, even in exchange for an entrenched equality clause; the very definition of the Jewish state, he explained, robs the Arab of his rights. MK Eitan interrupted to ask whether Zachalka would be willing to accept a Jewish State in return for an actual increase in rights. Would he rather suffer, he queried, than concede the symbolism of the “Jewish State” label? MK Zachalka responded by saying that symbols are the last thing he wants; that he wants political rights. He suggested Israel learn from international accords and foreign arrangements wherein minority groups are better protected. He concluded by stating that, “We cannot allow a tyranny of the majority. We want full citizenship.”
The constitution is insufficient to safeguard rights and equality Dr. Mana’ said that even a good constitution cannot ensure the protection of minority rights because it cannot monitor their implementation. Professor Ruth Gavison agreed, stating that the advantage of the constitution is that it removes certain issues from the hands of the legislator. She spoke out against allowing the court – an undemocratic body – to be the final arbiter on issues so central to Israeli democracy. Mana’ complained, however, that Basic Laws and the High Court of Justice still protect the existing Jewish domination and the extant consensus. In the cases where the Arab rights were protected, the HCJ still did not stand fully behind the Arabs and their rights. Much more than a written constitution is needed to implement and enforce minority rights.
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