Israel's 
                Two-Tiered Citizenship Law Bars Non-Jews From 93 Percent of Its 
                Lands 
                 
               
            Washington Report 
              By Roselle Tekiner 
              January 1990 
               
             
            On a bus tour through the Galilee several years ago, the guide 
              commented that the government was having difficulty preventing Arabs 
              from encroaching on the land through which we were passing. I asked 
              why Arabs were being kept off this land and he replied that it was 
              national land. I told him I didn't understand what "national 
              land" meant if it has to be secured against Arabs. "Aren't 
              Arabs citizens of Israel?"  
            "Of course they are," he replied, "but it's much 
              more complicated here than in the United States and difficult to 
              explain. " That ended our brief exchange, for he turned abruptly 
              away. He apparently had learned to recognize and avoid loaded questions 
              that he either could not or did not want to answer.  
            No Israeli nationality 
              applies to all citizens, as does a US nationality in the United 
              States.  
            Zionist uses of the term "nation," "national, " 
              and "nationality" are indeed difficult to understand and 
              to explain because they derive from concepts that are unfamiliar 
              to Americans. Moreover, their true meanings are deliberately obscured 
              by usually incorrect translations from Hebrew into English.  
            The prime example of deception, from which the others flow, is 
              the accepted translation of Israel's Law of Citizenship as "Nationality 
              " Law. In the original Hebrew text, the word is ezrahut, the 
              correct translation is "citizenship."  
            It would not occur to the average English peaking observer to object 
              to translating ezrahut as "nationality" because "citizenship" 
              and "nationality" are interchangeable terms in the United 
              States, as well as in most democratic societies. In Israel, however, 
              they are two separate and very different statuses. Citizenship (ezrahut) 
              may be held by Arabs as well as Jews while nationality (le'um), 
              which bestows significantly greater rights than citizenship, may 
              be claimed by Jews alone.  
             To refer to "Arab nationals," as this law does, is a 
              deceptive translation of ezrahut, because Arabs or others who are 
              not Jews cannot be "nationals" of Israel. Only Jews can 
              be "nationals." Their nationality rights are granted by 
              the Law of Return. No Israeli nationality applies to all citizens, 
              as does a US nationality in the United States or French nationality 
              in France, for example. In Israel, there is only a Jewish nationality. 
              That nonJews cannot qualify for nationality rights in the state 
              of Israel was affirmed by the Supreme Court in 1972 in a statement 
              that there is no Israeli nation separate from the Jewish people. 
             
            The original mis-translation of ezrahut as "nationality" 
              has been consistently repeated, successfully concealing the existence 
              of the two legal statuses, with non-Jews eligible for only one. 
              Like a virus introduced into a computer system, the error is continually 
              replicated and now permeates most writings on the topic of nationality 
              and national rights in Israel. Having 5uccessftilly conveyed the 
              erroneous perception- that Arabs and Jews alike are nationals of 
              Israel, it seems logical to assume that national lands, like national 
              lands in other countries, are a national asset belonging to all 
              the people. Even if a tour guide were equipped with details of this 
              clever ruse, however, he would not last long in his job if he explained 
              the rationale behind prohibitions of Arab encroachment on " 
              national" lands. 
            "Redeeming the Land" 
              for the "Jewish People" 
            The process by which the land becomes national" land is through 
              purchase or confiscation by the Jewish National Fund. The procedure 
              is referred to as "redeeming the land," which then becomes 
              the inalienable property of the Jews of the world, who are(; Israel's 
              national constituency and referred to in law as "the Jewish 
              people."  
            "Redeeming the land" derives from the Bible. The concept 
              was appropriated by political Zionism and transformed into strictly 
              nationalist terms. The state, instead of God, would return the people 
              from exile to restore the relationship between "the Jewish 
              people " and the land. The problem was: how can a country, 
              eager for world recognition as non-discriminatory and democratic, 
              structure its institutions to deprive permanently its citizens who 
              are not Jews of use of much of its land?  
            The solution came through Knesset enactment of the Status Law, 
              empowering the World Zionist Organization/Jewish Agency to develop 
              the country for the Jewish people. "National" institutions, 
              such as the Jewish National Fund, were then established for Jews 
              only. The Zionist movement created a network of "national" 
              institutions to carry out policies-such as land redemption for Jews-which 
              are clearly discriminatory. By publicizing these institutions as 
              purely philanthropic agencies, the popular perception that Israel 
              is a genuine democracy has remained largely undamaged.  
            The fact is, however, that the Jewish Agency is a component of 
              the government with massive resources and has at times had a budget 
              almost as large as the development budget of the government. Ninety-three 
              percent of Israel's land is "national" land, which is 
              developed, leased and administered by "national" institutions 
              for Israel's "national " constituency, "the Jewish 
              people."  
            The government, serving a "citizen" constituency, can 
              at any time give the Jewish Agency authority to deliver services 
              to its "national" constituency. In this way, services 
              can be legally withheld from non-Jewish citizens. For example, Ian 
              Lustick, in his book Arabs in the Jewish State, tells how a program 
              providing special incentives for large families was administered 
              by the Jewish Agency instead of by the government, to ensure that 
              only Jews would be motivated to have more children. The rationale 
              was that it is in the interest of Israel to increase the Jewish, 
              but not the Arab, population.  
            The United States grants tax-deductible status to many of Israel's 
              "national" institutions. US administrations have continually 
              ignored US laws prohibiting funds of a tax-exempt organization to 
              be directed to or disbursed by a foreign government. Deliberately, 
              or in ignorance of the effects of the Status Law, which makes the 
              Jewish Agency a component of the Israeli government, contributions 
              to the Jewish National Fund via the United Jewish Appeal are treated 
              by the US Internal Revenue Service as if they are as qualified for 
              income tax deduction as any contribution to any private, voluntary 
              , American philanthropic agency in the US. Consequently, American 
              taxpayers contribute significantly to "redeeming the land" 
              for "the Jewish people," helping to prevent Arab encroachment 
              on what has become "national" land through Israel's unique 
              "redemption" process. 
              
            Roselle Tekiner is an anthropologist living in Sarastoa, FL. 
              She is an editor of AntiZionism: Analytical Reflections, published 
              in 1989 by Amana Books and available from the AET Book Club (http://www.middleeastbooks.com). 
              
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