Yesterday, the Central Election Committee (CEC), made up of member of the Knesset from the major parties; banned both Arab parties, Balad and Ta'al from the parliamentary elections scheduled for next month. The CEC voted on a request to ban the parties which was made by two right wing parties, Yisrael Beteinu and the National Religious Party. The vote was carried by a large majority, with the CEC accusing the country’s Arab parties of incitement, supporting terrorist groups and refusing to recognize Israel’s right to exist. Several Arab members of Knesset have also travelled to enemy states such as Syria and Lebanon and met with representatives of Hezbollah and Hamas.
In my opinion this is a bad decision, bad for democracy and bad for Israel. I do not doubt that there are Arab politicians who would rather the State of Israel did not exist, however by sitting in the Knesset, these very same politicians only serve to strengthen the very state they would have disappear. Some actions might be abhorrent to many citizens of Israel, however as long as they do not break the law, their right to have and voice their opinions must be upheld. If they do break the law then they must be charged and tried in accordance with that law. If found guilty they should be punished. However, the right to vote and to stand for office is essential to any democracy, regardless of your political views (again, as long as they remain within the law).
There are those who cry racism. While in my opinion Mr Leiberman is indeed a racist, heading a party with an overtly racist agenda, and as I see him as a far greater threat to Israeli democracy than any Arab party; the claim of racism will be a difficult one to make stick. Let us remember that the last time CEC voted to ban a political party, it was Meir Kahane's Kach Party; which was banned in 1988 on the basis that it was a racist party advocating the expulsion of all Arabs. The decision to ban the party was the correct decision as there was abundant evidence to support the accusations against it. A victory for democracy! At the time, Kahane appealed to the Supreme Court which upheld the decision. In 2006 there was an attempt to ban Balad form the election, however this was overturned by the Supreme Court. In regard to the current attempt to ban Balad and Ta'al, the Supreme Court will most likely order the CEC to reverse its decision and allow the parties to stand in the election.
This is where we see the true strength of Israeli democracy. Unfortunately bad decisions are not uncommon throughout the democratic world. Bad decision are made by governments and the people live with the consequences. However in well functioning democracies, bad decisions may be challenged. In well functioning democracies, the judiciary is independent and not even the government is above the law. In well functioning democracies, governments and politicians can be forced to see the error of their ways and to change their decisions . Fortunately this is exactly what will happen when this highly questionable decision by the CEC is challenged by the Arab parties in the highest court in the land. Whereas twenty years ago the supreme court rightly refused the appeal of a Jewish party with a highly immoral and illegal agenda; in 2009 the Supreme Court of Israel will hear the appeal of two Arab parties with agendas which may be seen in some circles as somewhat, even hugely anti Israel. It will reverse the bad decision taken by the CEC and will ensure the right of the Arab parties to fully participate and represent their views in the democratic process.
The right wingers will cry foul and fifth column, the Arab parties will cry victory over racism. However the true victor will be Israel itself and all its citizens, as once again the only democracy in the Middle East proves that it is, although flawed; just that.....a well (all things are relative) functioning democracy.
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