On the 14th May 1948, Israel declared its independence as a state in Tel Aviv. This day corresponds to the Hebrew date of the 5th Iyar and it is on that date that Israelis celebrate Yom Ha’atzmaut.

The Palestinians, on the other hand, have long reserved the day after Israeli Independence day, May 15th, as a day of national mourning.

The Yisrael Beitenu party put forward a new law, the Nakba Law, which passed the Ministerial Committee for Legislation stage on Sunday. The Law seeks to make illegal and punishable with up to 3 years in prison any celebration in Israel of the Nakba.

Although receiving some media attention, it has largely been ignored outside of Israel where it has caused, according to the Jerusalem Post “a maelstrom of criticism”.

Some background.

There was no Palestinian state in 1948.

The Palestinian leadership and the Arab nations had rejected the 1937 Peel Commission plans for a two-state solution and the 1947 UN Partition plan, preferring instead to go to war against the nascent Jewish State.

In July 2000 at Camp David, Yasser Arafat walked out of negotiations with Ehud Barak after being offered approximately 97% of the West Bank, all of Gaza, East Jerusalem as a capital and $30 billion dollars in compensation for refugees. At the time, Prince Bandar ibn Sultan, the ambassador of Saudi Arabia, who was present when this offer was made  said: “If Arafat does not accept what is available now, it won’t be a tragedy, it will be a crime.”

Arafat offered no counter-proposals and went home to give orders to commence the Second Intifada.

Dennis Ross, chief UN negotiator blamed Arafat for the breakdown of the talks. You can see a full discussion of this topic and the Palestinian attempts at obfuscation here.

Let me make it quite clear; I agree with Michael Eitan (Minister for Improvement of Government Services), Minister of Intelligence and Atomic Energy, Dan Meridor and Minister without Portfolio, Benny Begin who submitted the following appeal against the decision on Monday (and three other ministers did the same). In the same article, the Jerusalem Post says the appeal states “This bill harms freedom of speech and right to demonstrate, which are basic rights in a democratic country. This bill will increase the isolation and alienation felt by the Israeli Arab community and will strengthen radical elements within it..” (my emphasis)

Of course, the Nakba is blamed on the Zionists not on the rejectionists. Instead of a “catastrophe” the Palestinians could be celebrating 61 years of their state in the vast majority of the British Mandate Palestine and the Israelis would be confined to a small northern enclave. The true catastrophe for the Palestinians and Israel’s Arab neighbours is that then, as now, many are more intent on destroying Israel than creating their own state.

If Arafat had said “yes” in 2000 thousands of live lost in the Intifada could have been saved and Hamas would probably not have been elected and would remain a marginalised extremist group outlawed both by Israel AND Palestine.

Let’s make a distinction here which is important. Nakba commemorations by Palestinians outside Israel are nothing to do with the Israeli government. If the Palestinians wish to continue with their self-deluding national narrative and blame Israel for their continuing plight even though they had at least three chances for their own state and were let down by their own leadership, that’s up to them. In fact, the true narrative behind the Nakba is not a two-state solution at all, but a one-state Palestinian solution.

But Nakba commemoration by Israeli Arabs, is a somewhat different matter.  

Firstly, isn’t it strange that they have the freedom to do demonstrate against their own country’s creation, a freedom which would not be afforded to them in Gaza with Hamas, in the West Bank with the PA or in any other Arab country. The Israeli Arabs are more free than their counterparts anywhere in the Arab world which is why the vast majority of them have expressed the desire to remain Israeli citizens were there ever to be a Palestinian state (78% in 2007 according to A-Sinara, an Arabic newspaper published in Nazareth).

The health of Israeli Arabs is better then their counterparts elsewhere in the Arab world. Life expectancy has increased and infant mortality has dropped enormously since 1948. Indeed, between 1967 and 1995 (when the PA took over control of the West Bank and Gaza), health and education skyrocketed for Palestinians under Israeli occupation compared with Jordanian and Egyptian occupation. As far as I know, there was no commemoration or mourning of being occupied by Jordan or Egypt and no such commemoration would have been permitted.

While conceding that the Arab population does face problems of discrimination and reduced levels of health and education opportunities compared to Jewish Israelis, the ongoing conflict must have considerable impact on these sectors and perhaps, too, cultural differences. Within Israel there are many (Jewish or joint Jewish/Arab) organisations which assist the Arab population to improve its living standards and to champion their rights as equal citizens.

Notwithstanding these problems, it is revealing that the majority still wish to remain within Israel rather then become citizens of a future Palestine. 

It will be interesting to see whether this Bill and the more offensive Loyalty Oath Bill (which seeks to impose an Oath of loyalty to Israel as a Zionist state) will get any further and if they do become law whether they will or can be implemented in practice. The JP ends its piece with:

President Shimon Peres, meanwhile, responded Monday to a journalist’s question on the bill by saying that no decision by the Knesset could overrule the feelings of any person. 

This is the fundamental issue at stake: you cannot legislate loyalty in a true democracy. There are many French Canadians who would like to separate from Canada and there are many Scots who want to destroy the United Kingdom and they have a perfect right to say so and to form parties to agitate for such a cause. Although it is understandable that, given the history of the region, Jewish Israelis and, indeed, may Arabs Israelis, look on Nakba commemorations as disloyal and provocative, I cannot believe how Lieberman and his cohorts cannot see how damaging to Israel’s democratic credentials such a law would be.

The supporters of this Bill would do well to remember that in the British parliament, for example, it has always been necessary for a Member of Parliament to swear an Oath of Allegiance. Until 1888 this Oath effectively prevented professing Jews and Catholics, other faiths and atheists from becoming MP’s because it enjoined them to swear allegiance not just to the monarch but to aspects of the Protestant faith. This goes back to the Test Act of 1673 which effectively equated loyalty to the state to loyalty to not just the Crown but the faith the Crown was defending. The exact words included in the oath were “on the true faith of a Christian” i.e Protestantism.

Even now Republican Sinn Fein MP’s do not sit in the House of Commons because they will not take the Oath of Allegiance to Her Majesty the Queen. No-one is supporting the expulsion to the Republic of Ireland of Sinn Fein members who do not take a loyalty oath. Any such move would be considered inflammatory and counter-productive and also illegal. There are and have never been any moves within the UK for its existing citizens outside of parliament or the armed forces to take any form of loyalty oath to the Crown or parliament. However, new citizens are required to do so as they are in almost every other democracy. This makes sense: if you are actively seeking to become a citizen of a country it is incumbent upon you that you should agree publicly to be loyal to that country. But if you are a citizen by birth or accident your loyalty is always assumed. 

Here’s an interesting thought on which to end: if, in the future, ultra-orthodox Jews decide to remain in a Palestinian state on the West Bank because they believe that they are fulfilling a Divine wish to inhabit the Land, would they be prepared to take a loyalty oath to promise to be good citizens of an Islamic State? Should they even be asked? But if it did happen, I can absolutely assure you that there would not be an iota of protest by the world’s media outside of Israel.