Last update - 00:00 03/09/2007
PMO legal advisor: State can't blacklist 'draft-dodging' artists
By Barak Ravid, Haaretz Correspondent
The state cannot prevent artists who did not serve in the army from performing in the celebrations marking Israel's 60th Independence Day next year, the Prime Minister's Office legal advisor said Monday.
At a meeting of the ministerial committee for the 60th Independence Day celebrations, Attorney Shlomit Barnea said that the state is legally banned from "blacklisting draft dodgers," and from overtly refusing to hire them.
Such a policy would be unconstitutional, as it would discriminate against these artists and breach the principle of equal opportunities in employment.
Additionally, the law already stipulates penalties against draft dodgers, which cannot be enacted twice. Barnea also said that "there should be a distinction between the State of Israel and the IDF." Barnea said that the IDF's reaction is understandable, but the state cannot behave in the same way.
Barnea also said that it is impossible to pinpoint who is a "draft dodger" in legal terms. She said that the law defines a draft dodger exclusively as someone who publicly defies a call-up, or knowingly abuses extenuating articles of the law, like entering a false marriage in order to receive an exemption from military service.
Chief IDF Education Officer Brigadier General Eli Shermeister said during the meeting that the IDF is currently devising a master plan to deal with draft dodgers, which will be submitted to the panel shortly. "We won't attend events where draft dodgers perform," he said. "We know of artists who have actively avoided service, and we will not cooperate with them."
He also said that the IDF enables artists to do reserve duty "in line with their career, not necessarily in combat units." The IDF will "favor those who have served, but draft dodgers are banned and so are those who promote draft-dodging," Shermeister said.
Committee Chairman Ruhama Avraham said that "after the panel receives the IDF's official position, it will hold another meeting where a decision on the matter will be made."
During the meeting, the panel also voted on the logo of the 60th Independence Day celebrations. There were initially 100 different designs that were later short-listed to six frontrunners.
The following projects were also approved: an event in honor of volunteers; the construction of 60 playgrounds in development towns; and the production of a musical play recounting the country's history, with the participation of children from Sderot and Kiryat Shmona, which will tour Jewish communities worldwide.