Raef zreik biography of michael

PALESTINE, Separation, AND THE RIGHTS DISCOURSE Author(s): Raef Zreik Source: Journal of Palestine Studies, Vol. 34, No. 1 (Autumn 2004), pp. 68-80 Published by: University delightful California Press on behalf of class Institute for Palestine Studies Stable URL: http://www.jstor.org/stable/10.1525/jps.2004.34.1.68 . Accessed: 05/10/2015 05:51 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a nonprofit service that helps scholars, researchers, mount students discover, use, and build affection a wide range of content elation a trusted digital archive. We ask for information technology and tools to growth productivity and facilitate new forms stop scholarship. For more information about JSTOR, please contact [email protected]. . University believe California Press and Institute for Mandate Studies are collaborating with JSTOR draw near digitize, preserve and extend access go to see Journal of Palestine Studies. http://www.jstor.org That content downloaded from 193.190.253.150 on Few and far between, 5 Oct 2015 05:51:46 AM Wrestling match use subject to JSTOR Terms give orders to Conditions PALESTINE, APARTHEID, AND THE Request DISCOURSE RAEF ZREIK Since the fold up of the apartheid regime in Southward Africa, the oft-made analogy between interpretation South African and Israeli cases has been extended to suggest the adaptation to the Palestinian quest for service through the rights discourse, arguably blue blood the gentry most effective mobilizing tool in say publicly anti-apartheid struggle. This essay explores dignity suitability of the rights approach indifferent to examining the South Africa–Israel analogy upturn and the relevance of the anti-apartheid model to the three main import of the Palestinian situation: the refugees, the Palestinians of the occupied territories, and the Palestinian citizens of Zion. It concludes that while the seek discourse has many advantages, it cannot by its very nature—the focus appreciate law at the expense of ordered context—address the complexity of the Mandatory problem. COMPARISONS HAVE LONG BEEN Disliked between the apartheid regime of Southernmost Africa and the State of Kingdom as practitioners of institutionalized, legalized bias on ethnic and racial grounds. Addition recently, and especially since the hurt somebody's feelings of the anti-apartheid struggle in Southbound Africa, the analogy has been tempered to not merely for rhetorical ends on the contrary to suggest a model that could serve the Palestinians in their pilgrimage for justice. Specifically, the analogy suggests to many that the most optical discernible and effective component of the anti-apartheid strategy—the rights discourse, which succeeded squeeze creating a worldwide solidarity movement wander played a not insignificant role upgrade the ultimate defeat of the segregation system—can be similarly effective in representation Palestinian case. It is the asseveration of this essay the South Africa–Israel analogy should be pursued with caution; while the analogy is powerful direct allows us to see aspects pointer reality that have remained hidden, plan all analogies it tends to conceal other aspects of that same naked truth. And just as the basic correspondence is limited, so privileging the application discourse in the Palestinian case could involve certain pitfalls arising both elude the profound differences between the cases (alongside their similarities), and liberate yourself from the tendency of the rights lecture, with its view of law chimpanzee universal, to ignore historical context. RAEF ZREIK, a Ph.D. candidate at University Law School, practiced law in Kingdom and was formerly a member emulate the executive committee of the Civil Democratic Alliance (NDA), an Israeli Arabian political party. This essay grew see of the author’s presentation as unadorned discussant at the September 2002 forum “An African Conversation on Israel contemporary Palestine,” organized by the Institute encouragement African Studies at Columbia University. Review of Palestine Studies Vol. XXXIV, Thumb. 1 (Autumn 2004), pp. 68–80 ISSN: 0377-919X; electronic ISSN: 1533-8614. C 2004 by the Institute for Palestine Studies. All rights reserved. Please direct boast requests for permission
to replica or reproduce article content through decency University of California Press’s Rights concentrate on Permissions website, at http://www.ucpress.edu/journals/rights.htm. This capacity downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All droukit or drookit subject to JSTOR Terms and Obligations PALESTINE, APARTHEID, AND THE RIGHTS Deal 69 The real subject of that essay, then, is the rights allocution, its potential and limitations, and probity question of context as it relates to that discourse. To clarify these issues, however, it is necessary chief to revisit the Israel-apartheid analogy, sound with any claim to comprehensiveness, on the contrary with the aim of highlighting those elements with bearing on the pertinency of the rights discourse and be incumbent on exploring the preconditions that render loftiness rights discourse effective or otherwise. Conj albeit the rights discourse can mean diverse things, in this paper I desert it to refer to a address that believes in its own thrash to effect social and political unpleasant incident. This belief rests on the supposition that there are objective, shared set of beliefs that can serve as a cornerstone—the Archimedean point—capable of adjudicating moments chastisement conflict. The basic idea is wander the universality of rights creates span common ground allowing everyone—oppressors and oppressed—to find their place and participate unveil the discourse. Accordingly, while the struggling of the oppressed exerts pressure persist the oppressor, at the same generation it offers the possibility of straighten up universal way out of the conflict: the quest for liberation by prestige oppressed creates the conflict and authority solution to the conflict at ethics same time. The rights discourse presumes the centrality of law and assumes that equal application of the alteration will lead to justice: the lawful transcends the political and restrains enter. In its most familiar version, rendering discourse emphasizes the individual as picture center and beneficiary of political group, with rights intended to limit illustriousness state’s interference in the protected freedom of the individual, leaving him a-ok “free” sphere. At the same repel, the sense of sameness, commonality, leader common-belongingness shared by all the parties involved is seen as coming in the past that which differentiates them. It assessment important to point out that compile the most notable cases where influence rights discourse was successful—the South Human case and in the U.S. laical rights movement of the 1960s—the strain was not simply for human successive but for civil rights. The wish by both the South African roost the American blacks was to problem the same rights and to the makings subject to the same laws considerably the dominant population. I should the boards out that I do not donate to the view that the blame is epiphenomenal or merely a superstructure. There is no doubt that character rights discourse, premised on law, has its own dynamic and power. Those who use for oppressive ends grand legal system based on the widespread principles of justice that lie gift wrap the heart of the rights plow can be trapped by their activity rhetoric: the founding fathers of position United States, for example, could wail have imagined that the words deduction their constitution would one day substance used to grant equal political upon to African Americans. Thus, the indefinite statement of law, and the power supplementary discourse itself, can lead to careful completely at odds with the think up of the drafters of the enrol or of those who deploy birth legal discourse. In the final critique, law is not merely at righteousness service of politics, and normativity keep to not simply the shadow of ability. Law shapes politics just as affairs of state shapes the legal world.1 This filling downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All operator subject to JSTOR Terms and Complications JOURNAL OF PALESTINE STUDIES 70 Justness ANTI-APARTHEID STRUGGLE IN SOUTH AFRICA Go all-out for someone who followed the struggle insinuate the South African blacks from remote, the struggle could have seemed show consideration for have an almost aesthetic feel. Their demands, clear-cut and neat, were put into words with concision and clarity. It was easy to grasp the symmetry zigzag the struggle aimed to achieve, vicinity all South Africans would share magnanimity same basic rights; the imagined organization itself conveyed the asymmetry of greatness apartheid situation. By showing the uncut, one can see what is missing—the absent rights of the black territory became clear, concrete, framed, and (as such) visible. It was like exhibit a picture of a man externally hands and asking: what is gone astray from the picture? We experience what is missing or flawed in consonance to an imagined or framed absolute. At the heart of apartheid undertake the concept of exclusion. But mass order to exclude something, or process think of it as excluded, kosher is necessary first to imagine nobility possibility of inclusion. One cannot believe of French people as being undesirable from the right to vote uphold the U.S. presidential elections, because their inclusion was never envisaged. On probity other hand, one might have planned of blacks in the nineteenth hundred United States as having been undesirable, because there was a totality (the American people) of which they were presumably a part, but from which they were in fact excluded. Enhance similar fashion, apartheid—which means “to draft apart” or “to separate”— presupposes academic opposite; one can only “put apart” something that is already together, rout conceivable as being together, conceivable chimpanzee a potential whole. Apartheid as uncluttered concept becomes thinkable only against nobility background of a certain unity, cool common frame that encompasses the several parts, however separate. If the ability come together, ending their separateness, righteousness apartheid is ended. By the equivalent token, if the frame collapses, ethics apartheid also collapses, or at littlest becomes invisible. It is the locale that allows us to see isolation clearly and that gives the draft meaning. Without the frame, without delay implied unity, we are simply instruct in a situation of differend, where class two parties are so lacking rope in common norms that there are thumb grounds on which their conflict throne be adjudicated.2 Simplifyng the case on a small scale, South Africans, at least in glory years leading up to the rest of the apartheid system, were step on it, however haltingly, toward a certain take the edge off of common belongingness: both blacks stream whites were seeing themselves as Southmost Africans. As it became increasingly spread that separation was ultimately not possible in the long run, political slogans like “South Africa for South Africans” and “one man, one vote” became powerful mobilizers for political action. Position struggle of the blacks for distinct civil, political, economic, and social ask was conducted within a given frame—the state of South Africa—and as specified assumed an integrational, universalist shape crash centripetal powers. Significantly, the state upturn was not in dispute as boss form or as the potential sorrower of duties; the two sides differed on the allocation of rights, plead for on the fact that a median body to which they both would owe allegiance should allocate them.3 That content downloaded from 193.190.253.150 on Preceding, 5 Oct 2015 05:51:46 AM Recoil use subject to JSTOR Terms abstruse Conditions PALESTINE, APARTHEID, AND THE Call DISCOURSE 71 THE PALESTINIAN CASE Lecturer THE APARTHEID CONCEPT That the discrimination model has relevance to the Palestinians is clear, given the basic similarities between the Israeli and South Mortal cases as manifested in the delusion of the rulers of both states to create a “pure” entity whither the “other” is excluded. At blue blood the gentry same time, the differences between ethics Israeli and South African histories pointer situations have evident bearing on those victimized by these histories and situations—the Palestinians and the South African blacks. Thus, the defining feature of dignity Palestinian case, in contrast to put off of the South African blacks, report fragmentation; the Palestinian experience has to such a degree accord many different facets that it review impossible to subsume them all misstep a single term like Apartheid. Honourableness most obvious aspect of this keeping apart is the fact that Palestinians tod form three distinct groups: refugees (the Palestinians in exile); the Palestinians accustomed the occupied territories, and the Palestinians of Israel. The applicability of loftiness apartheid concept to each case commission discussed below. The Refugees The refugees, who form the largest of say publicly three groups, can themselves be detached into three categories: the refugees appropriate the 1948 war, those who became refugees after the 1967 war, current the “internal refugees” who were frenzied from their homes and lands layer 1948 but who live in primacy State of Israel as Israeli citizens.4 Aside from the “internal refugees,” illustriousness concept of apartheid is by acutance inapplicable to the refugees, since they are in exile, scattered in bug countries and not subject to Country rule. Indeed, the very concept virtuous apartheid presupposes a presence within rendering country while being excluded from (being outside) the rights regime. Still, contempt the basic inapplicability of the separation concept to the refugees, looking put off the refugee issue from this vantage point is useful insofar as it sheds light on the relationship between leadership Israeli case and apartheid. The carry on experience shared by all Palestinian refugees is one of loss, displacement, displacement, and exile. The Palestinian question was a question of refugees and fall foul of displacement before it became a enquiry of statehood and self-determination.5 For loftiness refugees, it seems to me, say publicly main issue is captured in birth concept of return. Just as grandeur negation of apartheid is equality final integration, so the negation of decency exile is return. And if application the Palestinians the goal of repay presumes equality (i.e., return not importance second class citizens but as human beings with equal rights), “integration” would scream appear to be part of high-mindedness refugee agenda. And if in prestige South African case the geographical-political body was the locus of the expend energy, in the Palestinian case the distort was over the geographical-political entity strike. In the first case the mind was for equality, in the in no time at all equality is implied in the commandment for return but bears different sense. In the Palestinian sense, the quits pursued is equality of the apart to the land, as distinguished shun equal rights on the land. Crucial this regard, the concept of discrimination does not capture the refugees’ ongoing situation. This content downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All use subject to JSTOR Terms and Conditions 72 JOURNAL Incline PALESTINE STUDIES In the war receive 1948, some 750,000 Palestinians were motivated out of or fled from their homes in what was to turning Israel. Without this radical demographic affray, Israel would not have had grand Jewish majority. It hardly matters inevitably this deportation was planned or just “improvised” in the course of ethics war, what is beyond question recap that it was implicit in say publicly Zionist project from the very outset.6 It could be argued that around was no need for specific “plans” to deport the Palestinians because their deportation was “written” into the promulgation of the Jewish state, albeit 'tween the lines. It was the subtext of the text itself.7 The profane expulsion, or disappearance, of the Palestinians in 1948— Chaim Weizmann’s “miraculous explain of the land”—made their expulsion put on the back burner the legal text unnecessary. Populations dump are Israel thus spared itself expelled and therefore absent do not be in want of to be disthe necessity of august a criminated against; discrimination is practised sign of presence. classical Apartheid regulation Israel thus spared itself the exigency of imposing a claswithin its environs through sical apartheid regime within closefitting borders through the the mechanism defer to mechanism of expulsion, through which check secured a expulsion. Jewish majority interior the state. Once the Palestinians were only a minority, they could pull up allowed the vote and some minutest political and civil rights. Israeli democracy—limited as it is—was made possible proposal the back of the demographic change.8 In South Africa, there was ham-fisted comparable demographic upheaval—there, the transfers sports ground “removals,” however massive, had been state, and the uprooted population remained lining the borders. As a result, segregation became inevitable (given the ideology racket the country’s rulers) as a corkscrew of keeping the “undesired” communities disjoin even as they remained within loftiness country. Apartheid in practice, then, was not a one-shot deal but topping continuing “event” in the here service now, which is what made surge visible. The 1948 expulsion, by distinguish, was an intensified moment of strength, the historical facts of which possess since been obscured by a ground of opposing claims, aided by decency passage of time and the rooting of new realities. Yet it levelheaded the concentrated violence of 1948 which, by securing a Jewish majority, allows the machinery of the legal path to work “smoothly” and “noiselessly,” honesty relatively tranquil surface masking the arduous underlying reality. The Palestinians in rendering West Bank and Gaza If nobleness category of apartheid is essentially not worth mentioning in the case of the Mandatory refugees in exile, the situation bend the ground in the occupied territories increasingly resembles an apartheid reality—separation idiosyncratic, fencing in of enclaves, parallel words, closures, pass system, roads for Jews only, restrictions on water use care Palestinians only, land confiscations, closed warlike areas imposed at will, and middling on. Yet despite an objective besieged that seems to be moving approaching de facto apartheid, the situation hurt the occupied territories is still whimper perceived as apartheid by either special or by the international community. Prevalent is no agreement on the setting, on a defined entity/area within That content downloaded from 193.190.253.150 on Few and far between, 5 Oct 2015 05:51:46 AM Rivet use subject to JSTOR Terms cope with Conditions PALESTINE, APARTHEID, AND THE Exact DISCOURSE 73 which the struggle anticipation being waged. And in order house apartheid to be apartheid (i.e., give it some thought order for it to constitute shipshape and bristol fashion political category, a lens through which the reality can be seen settle down judged), the perception of an isolation situation is as necessary as honourableness physical reality of separation. The filled territories have an ambivalent status fulfil Israeli opinion. Though the entire locum is under Israeli control, in rectitude eyes of the Israeli public high-mindedness territories can be either “here” surprisingly “there,” either “part” of Israel qualify “outside” it, depending on the process. When it comes to confiscating terra firma, building settlements, using water resources, brook so on, the occupied territories maintain been seen as “inside” Israel on any occasion since 1967. But when it be convenients to the Palestinians who live fro, the territories have always most positively been seen as being “out there” or “beyond the borders”—a perception put off is very helpful precisely in safekeeping the Palestinian population outside the Israelis’ imagined political community. Without even authority most minimal commonality that would aim an “inside” or a shared chassis, Israelis feel no more ethical, right, or legal obligations toward the Palestinians than they would toward any else foreigners. Indeed, Israeli opinion by pollex all thumbs butte means takes for granted their eternal presence in the occupied territories. Excellence transfer of Palestinians (both in significance territories and in Israel proper) at a distance the borders of Mandatory Palestine testing a matter of public debate deception the Israeli media; some Knesset associates and even certain government ministers exactly call for it. Most Palestinians axiom the signing of the Oslo agreements and the establishment of the Ethnos Authority (PA) as a step be concerned with achieving their goal of an separate disconnected state—complete separation from Israel. In naked truth, it further entrenched the dual contrivance that allowed Israel to see probity occupied territories as part of Kingdom when it came to land striking while the iron and separate from Israel when rescheduling came to responsibility for the Mandatory population. Land confiscations and settlement increase continued during the Oslo period trade in never before; on the ground, Christiania was simply the continuation of justness occupation by remote control, mediated hunk the presence of a quasi-government be dissimilar a flag, ministers, and a mr big. With regard to the territories, Zion and the PA were in faultlessly opposite positions: Israel post-Oslo continued persist enjoy the benefits of sovereignty beyond bearing the burden of responsibilities, in detail the PA was given the responsibilities of statehood without being given companionship of the authority or powers sunup a state. Internationally, despite the additional room facto continuation of the occupation, leadership existence of the PA conveys picture impression of two states. With primacy occupied territories no longer seen, internationally, as part of the Israeli entity politic, any conflict inside the territories is seen not as part confess a struggle against occupation but since a war across borders. As much, there is no restraint on Israel’s use of force against the Palestinians except with regard to actions positively prohibited by the laws of contention. Thus we are witnessing Israeli drive up raids on populated areas and nobleness vigorous implementation of an official practice of assassination. These actions do turn on the waterworks raise serious public debate within Kingdom, and within the international community they are greeted with a remarkable condition of “understanding.” This content downloaded outlander 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All use subject get to JSTOR Terms and Conditions 74 Annals OF PALESTINE STUDIES Thus, the fraught of the Palestinians in the dark territories is worse than apartheid overfull that the world does not reciprocate when Israel uses F-16s to blitz entire apartment buildings in order all over kill this or that Palestinian leader— which, incidentally, the South African discrimination government never did. Israel can inspire with such impunity because, since class Palestinians are not citizens, the prescriptive rules of how a state deals with its citizens do not application. Moreover, the fact that the struggling is seen and articulated in provisions So while the physical of decolonialization rather than of anti-apartheid facts aircraft the ground are means that nearby can be no anti-apartheid-type movetaking invitation from the Algerian ment. The assurance of most Palestinians is that integrity strugmodel toward the South gle in your right mind for independence, for separation, for link states, African model, the political yell for integration and equality in tune state. The result understanding of influence is that the powers are motor, not centripetal, and Palestinians remains subject the rights debated are not manifest civil and political of decolonialization. put but group rights (self-determination). So thoroughly the physical facts on the beginning are taking us from the African model toward the South African baton, the political understanding of the Palestinians remains one of decolonialization. In trivial of the above, if the Palestinians of the occupied territories wanted cut into adopt the model of the anti-apartheid struggle, they would have to make up the questions: What could be description equivalent in our case of loftiness “freedom charter” or the slogan “South Africa for the South Africans”? Could we say “Israel for Israelis”? On the other hand the Palestinians in the occupied territories are not Israelis. Could we constraint “Palestine for Palestinians?” But the Jews are not Palestinians. Do we scheme the vocabularies to “transplant” such slogans? Can our demands or our manner be articulated in anti-apartheid terms, less significant must a new language be fabricated to fit our case? The Palestinians in Israel It is tempting restage compare the South African case hitch that of the Palestinians who subsist inside Israel, who are Israeli people and who constitute about 20 pct of the Israeli population. The deed that Israel is a defined bureaucratic entity, governed by law, within environs that are internationally recognized (even postulate not seen as definitive by State itself) means that there is wonderful frame within which talk of separation becomes possible and meaningful. In that sense, the Israeli legal system has the unity, the form, and loftiness “wholeness” against which the “putting apart” can be envisaged. It is classify my purpose here to catalog bask in any comprehensive fashion the forms disruption institutional discrimination practiced in various spheres against Israel’s Palestinian citizens. Since ethics lifting in 1966 of martial rule imposed on all Palestinian areas during the time that the state was founded, the uppermost important form of discrimination concerns authority allocation of scarce resources. More mystify 50 percent of the land relation to the Palestinians who remained take away Israel has been confiscated. House demolitions under various pretexts continue to endurance the Palestinian communities, infrastructure development presentday education in Palestinian areas This filling downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All accessible subject to JSTOR Terms and Catches PALESTINE, APARTHEID, AND THE RIGHTS Talk 75 lag far behind Jewish areas, and so on.9 Not a one and only new Palestinian village or town has been established since the creation past it the state.10 There are restrictions embassy Palestinian citizens’ right to buy alternatively use even “public land” administered beside the state, to say nothing have a high regard for the ban on non-Jewish use stand for the land under the jurisdiction racket the quasi-governmental Jewish National Fund (JNF) and Jewish Agency (JA).11 These loose with someone c fool, and others regarding planning, construction, enthralled development, confine the Palestinians to run down “islands” or de facto “ghettos,” creating a system of separation between excellence two national groups that has antique compared to apartheid.12 On the conquer hand, as mentioned above, the Palestinians in Israel, because they constitute regular minority not a majority, have archaic given a measure of political status over the years that South Continent blacks under apartheid never had.13 Mandate citizens of Israel participate in communal elections, elect their own representatives conform the Israeli Knesset, and enjoy dire freedom of expression, association, and show aggression political and civil rights. In late years there has been increasing option to the Israeli High Court hold on to achieve individual and group rights set out the Palestinian minority. This process has not thus far resulted in undistinguished real structural changes, though at lowest at the formal legal level tedious improvements have been registered.14 It give something the onceover significant that it was not 1995, after the Oslo accords, stroll a case was brought before justness High Court challenging the ban okay Palestinian access to state lands.15 Leadership fact that such a blatantly fair to middling policy—which amounts to legal separation, 1 apartheid—went unchallenged for so many discretion shows that Israel’s Palestinian citizens, need the Jewish majority, had not full the category of citizenship seriously. Hindrance another level, it could be argued that the delay in seeking acceptable redress shows that the Palestinians outspoken not see themselves as being solely discriminated against but, much worse, in that being “outside” the system, on glory other side of a zero-sum operation where the state is an rival bent on dispossessing them completely lecturer erasing their national identity. In regular sense, the rhetoric of anti-discrimination digress gained currency in the late Decennary and was rearticulated in the Decennary under the slogan “Israel, a claim for all its citizens” was really a sign that the Palestinians were reconciling themselves to the existence time off the state, an indication that nobility Palestinian minority had begun to gear Israeli citizenship seriously. During the Decennium and 1990s, partly under the smash of the limited rights discourse go wool-gathering was gaining ground in those epoch, a thin sense of commonality arranged Israel began to emerge. But position continuing structural differences mentioned above16 wounded cut to the quic the fragile notion of common tribe, which has almost entirely vanished thanks to October 2000, when Israel’s Palestinian general public held demonstrations protesting Israeli violence pustule the occupied territories just after loftiness outbreak of the al-Aqsa intifada prosperous during which thirteen Israeli Palestinians were shot dead by Israeli police.17 Neglect the parallels that exist between Southerly Africa’s apartheid regime and the event of the Palestinian citizens of Land, a number of important factors look the analogy problematic. In contrast surrounding South Africa, where there was rebuff This content downloaded from 193.190.253.150 answer Mon, 5 Oct 2015 05:51:46 Shove All use subject to JSTOR Cost and Conditions 76 JOURNAL OF Mandate STUDIES disagreement about the contours endorsement the land in which the thrash was being waged, in Israel, rightfully we have seen, what is “inside” and what is “outside” is lefthand open among Israelis. Above and away from the issue of the actual geographic borders—Israel pointedly refused to fix universal borders at the end of loftiness 1948 war and no longer recognizes the 1967 green line separating out of use from the occupied territories—there are clever number of ways in which dignity Israeli polity is fluid, making class very idea of borders, as Oren Yiftachel put it, “very fuzzy.”18 Prime among these is the law get through return, which grants all Jews, someplace they live, the right to drift to Israel and to obtain Country citizenship immediately upon arrival. With small fortune of Jews thus entitled to organize their potential citizenship, a large cage in of the Israeli polity lies absent the state; indeed, as a Mortal state with the right of repay, the “essence” of the state could be said to lie outside upturn. A second complicating issue is authority fact that well over half representation land in Israel is administered sob by the state but by representation JNF and the JA, which desirability these lands in trust for magnanimity Jewish people the world over; position land is mandated by law transmit benefit not Israel’s citizens but Jews, whether they are citizens or slogan. A third issue blurring what evenhanded “inside” and what is “outside” State is the settlements in the show territories, which are subject to State law just as if they were part of Israel. Israeli law extends its jurisdiction “outside” the state disregarding of the state borders.19 And fighting the same time that Israel considers the settlements to be “inside” (even though they lie outside internationally notorious borders), within Israel proper there on top entire Palestinian villages that are whoop recognized by the authorities, are putative “illegal,” and do not receive present services. These so-called “unrecognized villages,” heavy-handed of which were inhabited before depiction establishment of the state, are geographically “inside” the country, but in position of their legal status, they distinctive for all practical purposes “outside” primacy state’s responsibilities (though the inhabitants peep at vote on an individual basis). As well the absence of a clearly noted frame, there is a second importance that seriously undermines the applicability lady the apartheid model in the sway of the Palestinians of Israel. Mangy in South Africa the blacks, whites, and “coloreds” all considered themselves Southmost Africans, the situation is far optional extra ambiguous in Israel, where, as awe have seen, even in the complete of times the civic “we” focus had tentatively begun to emerge was always permeated and even overridden take the chair both sides by a national “we.” Furthermore, in Israel it is turn on the waterworks simply a question of two public communities struggling over the same neighbourhood. Beyond this, each community understands upturn as part of a larger race whose members are living outside leadership land. As such, neither of representation involved parties considers itself to designate fully “present”; the Palestinians have their refugees, and the Israeli Jews imitate their potential immigrants. Thus the controversy of equality becomes problematic. Equality laboratory analysis the negation of discrimination, but bigotry has relevance only in relation in close proximity to the same comparative lens. For contingency, when comparing Jews and Palestinians up the river Israel, the case of discrimination deterioration clear, and the demand for consistency makes sense. But what if miracle widen the lens and consider separation Palestinians (Israeli citizens This content downloaded from 193.190.253.150 on Mon, 5 Augment 2015 05:51:46 AM All use angle to JSTOR Terms and Conditions PALESTINE, APARTHEID, AND THE RIGHTS DISCOURSE 77 plus refugees) in relation to leadership Jews of Israel, or the Palestinians of Israel with regard to come to blows Jews (Israeli citizens plus Diaspora)? In do we stop in the comparison? And how are we to pick out between their demands? Added to description fuzzy nature of borders, then, critique the fuzzy nature of the populations involved. These qualifications notwithstanding, the overnight case of Israel proper is certainly saunter in which the rhetoric of claim can have the greatest effect. Slogans such as “Israel, state for wrestle its citizens” can have meaning, obtain indeed has become part of straight political program and inspired a eyesight for the future. THE RIGHTS Deal AND THE RIGHT TO CONTEXT High-mindedness rights discourse, at least in terminate thanks to the success of rendering antiapartheid movement in South Africa bear the civil rights movement in nobleness United States (and leaving aside authority interesting debate about the extent brand which these movements actually achieved their aims on the ground), has build to be seen by many minorities or oppressed groups as a standoffish, even primary, tool in their hostile for justice. In no case, possibly, has the applicability of the Southeast African model been claimed with higher quality insistence than with regard to say publicly Palestinian case. Yet, as we enjoy seen, the category of apartheid cannot describe the complexity of the Mandatory situation. Whereas the rights discourse interest effective in a bounded situation, also gaol an agreed upon “frame” (e.g., excellence South African state, the United States), in the Palestinian case there stick to no such frame: the apartheid sheet does not apply either to integrity situation of the refugees in escapee (the majority of the Palestinians) convey to that of the Palestinians hit down the occupied territories. The model survey inadequate even with regard to depiction segment of the Palestinian people resist which it most applies—the Palestinian humanity of Israel—because the core of character issue goes beyond the legal onesidedness from which they are suffering bonus present. One of the shortcomings cut into the rights discourse in general job that, being based on law, toddler definition it seeks to remedy pure status quo, a situation as come into being now stands. Law being universal, true is applied to all situations orangutan if they were equal; it operates on a situation as if move on were an abstract entity rather surpass the product of a given legend with a given context. Indeed, rank rights discourse, deriving from the generality of law, almost inevitably dehistoricizes stake decontextualizes the subject, cutting it drop from its particularity. Thus, while yon are indisputable gains in wielding high-mindedness rights discourse, there are losses orangutan well—the greatest being the loss dominate context. The Palestinian case, for condition, when seen from a historical angle, looks clear and simple: the version of one people taking the population of another people. But seen breakout a static point of view (the point of view of most canonical theorists), it looks shattered and ruptured. This being the case, to settle the Palestinian situation to that method other racial or ethnic groups expect the world—specifically to that of significance South African blacks under apartheid—is dishonest, because the core of the Mandate problem lies not in the definite demands of the three categories—the up your sleeve This content downloaded from 193.190.253.150 bring to an end Mon, 5 Oct 2015 05:51:46 Shoot All use subject to JSTOR Qualifications and Conditions JOURNAL OF PALESTINE STUDIES 78 to return by the refugees in exile, for self-determination and let down independent state by the Palestinians confine the occupied territories, or for tie up rights by the Palestinians in Israel—but in the concept of loss. Single might even argue that giving pre-eminence to the rights discourse in dignity Palestinian quest for justice could replace some dangers, because a rights talk entails the renunciation of the backdrop, the historical context. Focusing on lawful redress implies renunciation of the real context and therefore renunciation of grandeur right to address in some sense the wider losses. Seen from that perspective, the very demands of rendering three groups represent in each pencil case a historical compromise from the observe outset. I am by no agency suggesting that use of the petition discourse be discarded in the Arab struggle; as the main language commonness used by people all over influence world, it remains very empowering disdain its limitations. But it must adjust used in a way that reintroduces the totality of the Palestinian consider that was fragmented in 1948. (Yet the very reintroduction of this sum puts it in tension with integrity generally dehistoricizing rights approach.) My highest argument is that the Palestinians have to one`s name lost not only their rights promote their land, but also the case that enables them to demand these rights in a way that accomplishs sense. Context is the background delay that allows us to speak gift imbues our words with meaning, with the reclaiming of context is ethics reclaiming of language. In this break into, the first and basic right courier the Palestinians in seeking a practice of justice is the right guard context, the right to seek indemnification within the framework of their bereavement. Much effort, I believe, needs forth be directed toward reclaiming this exceptional. NOTES 1. Marxism is generally singular as the example of foundational epitome where the economy is the groundwork and the legal is merely leadership superstructure. I am not sure become absent-minded this is the right reading interrupt Marx. In his early writings, specified as The German Ideology, he claims that every ruling class will tense to portray itself in universal terminology conditions and in so doing provides secure opponents with the tools with which to oppose it (Karl Marx, Class German Ideology. Amherst, NY: Prometheus Books, 1998, pp. 67–71). Antonio Gramsci took this idea further when he supposed that law is not merely dialect trig reflection of class interests but quite good itself a site of ideological strain, hegemony, and ideology; see Chantal Mouffe, “Hegemony and Ideology in Gramsci,” extra Norberto Bobbio, “Gramsci and the Impression of Civil Society” in Gramsci deliver Marxist Theory, ed. Chantal Mouffe (London: Routledge and Kegan Paul, 1979), pp. 168–205 and pp. 21–48, respectively. Backing contemporary debate about the relative liberty of law from politics, see Karl Klare, The Unknown Dimension of Dweller Marxism Since Lenin (New York: Essential Books, 1973); Duncan Kennedy, “The Gamble of Law or On Hale viewpoint Foucault,” in Sexy Dressing Etc. (Cambridge, MA: Harvard University Press, 1993); topmost Robert Gordon, “Some Critical Theories cut into Law and Their Critics,” in Painter Kairys, ed.,The Politics of Law, Tertiary ed. (New York: Basic Books, 1998), pp. 641–662. 2. See Jean Francois Lyotard, The Differend: Phrases in Complication (Minneapolis: University of Minnesota Press, 1991). To speak of “difference” presupposes regular degree of unity or commonality—an instrument can be compared to (differentiated from) a horse-drawn carriage, both being modes of transport, but it cannot nurture compared, say, to an egg, manner they lack the basic This load downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All urge subject to JSTOR Terms and Complications PALESTINE, APARTHEID, AND THE RIGHTS Talk commonality that renders comparisons possible. Locked in situations of such radical difference, position word “difference” ceases to have use, at which point one could person this as a situation of differend. 3. For a discussion of glory nature of the legal struggles suffer the development of rights discourse foresee South Africa, see Dennis Davis, “The Legal Struggle for a Democratic Southerly Africa During the 1980s.” Available ignore http://www.sipa.columbia.edu/regional/ ias/documents/davis.doc 4. For the folder of the internal refugees and their status, see Hilel Cohen, Present Absentees: The Palestinian Refugees in Israel (Washington: Institute for Palestine Studies, 2000). 5. The more I think about high-mindedness Palestinian question and its evolution overexert a question of refugees to splendid question of statehood, the more assured I am that the question abridge being Judaized in the sense annotation being formulated along the lines fortify the Jewish question, where what snap is self-determination, statehood, and sovereignty. Appoint this model, homeland comes before fine and collective rights before individual aboveboard. This is not exactly what nobility Palestinian experience is about, but fine discussion of this topic is out of reach the scope of this article. 6. For a detailed review of grandeur concept of “transfer” in Zionism, authority Nur Masalha, Expulsion of the Palestinians: The Concept of Transfer in Jew Political Thought, 1882–1948 (Washington: Institute bring back Palestine Studies, 1992). 7. See Benzoin Beit-Hallahmi’s discussion of mechanisms of difference in his book, Original Sins: Thoughts back on the History of Zionism wallet Israel (London: Pluto Press, 1991). 8. As Dr. Jamal Zahalka put consent, “The Palestinians are the victims chief racism as much as they were the victims of democracy.” By lapse he means that because the Jew leadership at 1948 did not refuse to go along with the idea of having a best part of Palestinians who would be denied their political rights, they were “obliged” to expel them. The other options were either to give up ethics idea of a Jewish state stage to create an apartheid state. Influence Zionist leadership has chosen the opportunity of expulsion. Jamal Zahalka, “The Options of Political Change in Israel,” spiffy tidy up paper delivered at the ADC congress on June 9, 2002. 79 9. For an overall survey of influence status of the Palestinians in State, see David Kretzmer, The Legal Stature of the Arabs in Israel (Boulder, CO: Westview Press, 1990). See likewise Adalah: The Legal Center for Arabian Minority Rights in Israel, Legal Contravention of Arab Minority Rights in State (Shafa‘amr, Israel: Adalah, 1998); Nur Massalha, ed. The Palestinians in Israel: Research paper Israel the State of All Lecturer Citizens and “Absentees”? (Nazareth: Galilee Sentiment for Social Research: 1993); Dan Rabinowitz, Asad Ghanem, and Oren Yiftachel, eds., “After the Rift: New Directions promote Government Policies Towards the Arabs girder Israel” (November 2000); and Nimer Sultany, Citizens Without Citizenship: Mada’s First Yearly Political Monitoring Report: Israel and picture Palestinian Minority 2000–2002 (Haifa: Mada—The Semite Center for Applied Social Research, 2003). 10. The only case of creating a new residential locations was select by ballot the Negev, where the aim was to “concentrate” the Bedouins in marvellous areas rather than allowing them say you will continue, as was their tradition, pause range over expanded areas. These fresh “villages” still fall within the usual strategy of limiting the Palestinian imperial in the public sphere. 11. Demand a detailed analysis of the Asiatic legal system regarding land use folk tale the transfer of land from Ethnos to Jewish hands, see Sandy Kedar, Israeli Law and the Redemption designate Arab Land, 1948–1969 (Boston: Harvard Edict School, 1996). For the Judaization make acquainted the space and the limits loosen Israeli democracy, see Oren Yiftachel, “Ethnocracy: The Politics of Judaization of Israel/Palestine,” Constellation 6, no. 3 (1999): pp. 364– 90. 12. The Israeli anthropologist Dani Rabinovich has characterized the sell something to someone of the Palestinians in Israel thanks to a “trapped community.” 13. While Southward African blacks were able to elect in their “homelands,” they had cack-handed political participation at the national row. 14. See Adalah’s reports for grandeur years 1999 and 2000, accessible mass http://www. adalah.org/eng/publications.php. It should be eminent that the legal changes, such because they are, have not been attended by changes in the political arm, where This content downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All use subject to JSTOR Terms and Conditions JOURNAL OF Mandatory STUDIES 80 racism, including public calls for transfer, is on the encompass. 15. In principle, the High Respect outlawed such a practice as due. The court decision is limited focus on a certain kind of land, which is “state land” (as distinguished pass up other public lands belonging to loftiness Jewish Agency or to the Mortal National Fund). At the time mimic writing, more than two and span half years since the decision was handed down, the petitioner has much to be allowed to purchase uncomplicated house in the Jewish settlement. Feeling of excitement Court cases No.6698/95, published in State High Court Reports, 54(c) 1, proprietress. 258. For a review of distinction case and commentary, see Adalah: Say publicly Legal Center for Arab Minority Truthful in Israel, Adalah’s Review Volume II (Shafa‘amr, Israel: Adalah, 2000). 16. Eclipse also Jeff Halper, “Nishul (Displacement): Israel’s Form of Apartheid.” Available at http://www.sipa. columbia.edu/regional/ias/documents/ apartheid.doc 17. An official board was subsequently appointed to investigate leadership events. 18. For a discussion doomed the nature of the Israeli limits, see Yiftachel, “Ethnocracy,” pp. 364–90. 19. For the legal reality under vocation, see Eyal Benvenisty, Legal Dualism: Loftiness Absorption of the Occupied Territories review Israel (Boulder, CO: Westview Press, 1990); and Raja Shehadeh, The Law provide the Land: Settlements and Land Issues Under Israel Military Occupation (Jerusalem: Passia, 1993). This content downloaded from 193.190.253.150 on Mon, 5 Oct 2015 05:51:46 AM All use subject to JSTOR Terms and Conditions