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Last update - 10:35 14/07/2008 Civic equality does not mean freedom of immigration By Ruth Gavison Tags: Jewish World Professor Ze'ev Sternhell recently launched a scathing attack on both the Citizenship and Entry into Israel Law (Temporary Order), which restricts immigration to Israel by residents of the Palestinian territories even if they have Israeli spouses, and the justice minister's attempt to exempt the legislation from judicial review ("The ever-rising price," Haaretz, July 10). Sternhell stated that the Citizenship Law is "barbaric," discriminates against one category of citizens, and is therefore illegitimate. He believes the law stems from our failure to establish a political border between us and the Palestinians. In his opinion, failure to evacuate the territories and the continued intermingling of the populations will, "at the end of the day, create a multinational, multicultural, androgynous entity, turning Zionism into a passing episode." But if we simply leave the territories, he argued, there will be no need for a discriminatory and unacceptable law. Like Sternhell, I, too, wish for the continued existence of a Jewish national state that respects human rights. I agree that a political boundary between us and the Palestinians is essential. But in my opinion, the policy of which the temporary order is part is necessary, due to both security considerations and the desire to preserve the country's Jewish majority. It does not constitute "special legislation for Israeli Arabs." It is not certain that it violates human rights that are constitutionally protected in Israel. It is not clear that it fails to meet the international community's standards for immigration policy. Nor is this policy linked to the continued occupation. The issues addressed by the Citizenship Law are directly related to the fact that Israel wishes to establish a real border between itself and the West Bank and significantly restrict migration by the latter's residents into the State of Israel. For the time being, the law is based on the complex security reality of the past few years and on the widely accepted principle that residents of an entity that is in a state of war with Israel should not be granted legal status here. But even if the security situation changes, Israel's immigration policy might need to include elements similar to those of the current law, due to its desire to maintain a Jewish national state, to which Sternhell himself pays tribute. Advertisement There can be no self-determination for Jews in a democratic Jewish state unless a stable Jewish majority is secured. That is why, even after the advent of peace and a fixed border between Israel and all its neighbors, Israel will have to adopt an immigration policy aimed - within limits stemming from the need to respect human rights - at maintaining this majority. Such a policy cannot grant the country's citizens the right to impart legal status in Israel through marriage, since such a right would eliminate the state's discretion over the number and identity of those who receive such status. That is the way things are, and not just in Israel. Anyone who has been following immigration policies in the developed world knows that the principles governing immigration are becoming tougher, even with regard to arrangements that were once accepted, such as the ability to obtain legal status for spouses of citizens or residents. This is so because many countries are discovering that massive immigration of this kind creates internal tensions, in the social, cultural and economic spheres, that make it difficult for the immigrant-absorbing countries to maintain their character and identity and ensure the protection of human rights according to their traditions. Holland, for example, does not want to increase the population that extols deeds such as the murder of director Theo Van Gogh. The Scandinavian countries do not want a radical Muslim population that will curtail their media's freedom to publish caricatures of the Prophet Mohammed. These countries' immigration policies reflect their interest in ensuring that those who immigrate to them will not join groups that oppose the host country's character or values. While such policies do not directly discriminate among a country's citizens or residents, they do restrict the rights of foreigners to enter a country and settle in it. Sternhell took a decisive position against the law's principles, but he did so without addressing arguments of this sort. That is not the way to hold an informed dialogue. This dialogue is far too important to be thwarted by a wholesale and precedent-setting exemption from judicial review. But it is vital that it include a direct and serious confrontation with these critical issues. Ruth Gavison is founder and president of the Metzila Center for Zionist, Jewish, liberal and humanistic thought. The center is currently formulating proposed gui delines for an immigration policy for Israel. Bookmark to del.icio.us   Hezbollah's pleasure For Israelis, the release of Kuntar is a form of self-inflicted torture. Exchange timeline How the prisoner exchange with Hezbollah will be carried out.   1.   Ruth Gavison 11:08  |  Cipora Julianna Kohn 14/07/08   2.   Civil rights "constitutionally protected" what constitution 11:18  |  Labhras 14/07/08   3.   Attempts to maintain Jewish majority will always look unfair 11:28  |  Michael 14/07/08   4.   A balanced, realistic presentation of the situation 11:32  |  Shalom Freedman 14/07/08   5.   Israels policies demand a downgrade as American trade partner 11:36  |  Natallie Durson 14/07/08   6.   # traveller from outerspace slow down 11:37  |  Labhras 14/07/08   7.   #4 Shalom Freedman re hostile to the state 12:06  |  Labhras 14/07/08   8.   "barbaric" 12:14  |  Cipora Julianna Kohn 14/07/08   9.   and so... you ARE a racist 12:20  |  sammy 14/07/08   10.   One way to maintain "Jewish majority" 12:33  |  Cynic #2 14/07/08   11.   MOST COUNTRIES ON EARTH HAVE STRICT IMMIGRATION THAT BENEFITS 12:35  |  Steve Randolph 14/07/08   12.   Here is the problem 12:38  |  AliciaYasmeen 14/07/08   13.   What`s the difference then? 12:55  |  Cynical 14/07/08   14.   #8 once again missing the point 12:59  |  tbreaden 14/07/08   15.   Pals will not be able to defeat Israel by demographics or boycott 13:00  |  Sam 14/07/08   16.   Stereotyping? 13:10  |  Curious 14/07/08   17.   Reciprocity 13:15  |  Fish 14/07/08   18.   7 Cynic ,is right,a cantonisation could help with the 13:19  |  lakshmi 14/07/08   19.   Incorrect analogies 13:36  |  Axel 14/07/08   20.   Those who hate us Jews will always find it unfair 13:40  |  Hastaroth 14/07/08   21.   # 10 steve 13:40  |  Axel 14/07/08   22.   a real border huh? 13:51  |  rm 14/07/08   23.   Interesting reading 13:56  |  Axel 14/07/08   24.   2 Questions to Hastaroth 13:56  |  IsraeliArab 14/07/08   25.   Axel quite right 13:59  |  Labhras 14/07/08   26.   #21 AXEL, Europe has grown out of its gullibility somewhat 14:20  |  AliciaYasmeen 14/07/08   27.   Holland 14:33  |  Benjamina 14/07/08   28.   What a foolish, intolerant article 14:34  |  Bob 14/07/08   29.   # alicia 15:06  |  Axel 14/07/08   30.   To Benjamina 15:19  |  Rabbi 14/07/08   31.   # 26 alicia 15:26  |  Axel 14/07/08   32.   the logic of antisemitism 21:34  |  Ariel 14/07/08   33.   #32 ARIEL, the concept family is different 00:00  |  AliciaYasmeen 15/07/08   34.   AXEL 00:12  |  AliciaYasmeen 15/07/08   35.   # 20 hastaroth 00:26  |  Axel 15/07/08   36.   ethnonationalism is fine 00:44  |  arik 15/07/08   37.   Fish 00:56  |  arik 15/07/08   38.   "That is the way things are, and not just in Israel." 01:06  |  Axel 15/07/08   39.   Residency vs Citizenship 01:06  |  Mahona 15/07/08   40.   Holland does not want what now? 01:08  |  Rob 15/07/08   41.   Thx, mahona 01:25  |  Axel 15/07/08   42.   # 33 alicia 01:37  |  Axel 15/07/08   43.   Democracy? 05:17  |  Ralph 15/07/08   44.   How big a Jewish majority do you need? 05:36  |  Diane 15/07/08   45.   This is what George Marshall warned about 06:47  |  Dan 15/07/08   46.   Back to Shakespeare`s times 08:20  |  Raffaele Ladu 15/07/08   47.   A second argument for a Jewish Israel 10:23  |  stella 15/07/08   48.   ethnic states an evil 10:41  |  raymond deane 15/07/08   49.   The More Interesting Aspect of It 06:01  |  ARTH 16/07/08

Read & React VIDEO: Olmert, Assad dodge unwanted handshake in Paris Responses: 64 Obama camp slams New Yorker cover of him in Muslim garb, wife as terrorist Responses: 202 Ahmadinejad: Direct U.S. talks possible in 'near future' Responses: 118 Cabinet okays Hezbollah prisoner swap, exchange set for Wednesday Responses: 131 More Headlines 02:50 Israel readies for Hezbollah prisoner swap 04:29 ANALYSIS / In Lebanon, the prisoner swap is a Hezbollah victory 05:56 German mystery man to mediate prisoner exchange 23:59 Mother of Kuntar victim: How can you pardon him? 23:56 Lebanon declares state holiday marking return of prisoners 02:21 Olmert questioned over never-repaid $75,000 loan from Jewish-American businessman 01:24 Holocaust survivors in need of long-term hospital care strapped for funds 05:33 Hamas representatives delay talks on swap for Shalit 04:37 Israeli startup may have a cure for dyslexic typos 02:26 Joint secular-observant Jewish school system approved 03:00 TB's secret, hidden in ancient bones 23:37 Talansky: Olmert's lawyers won't break me in cross-questioning 17:07 Bradley Burston/ The pleasure that Hezbollah takes in torture 02:02 Justice Dept. seeks to revoke citizenship of man accused of serving in Nazi unit 06:08 People who drive on the beach could face 6-month jail sentence Previous Editions Select Day 15 jul 14 jul 13 jul 11 jul 10 jul 09 jul 08 jul 07 jul 06 jul 04 jul 03 jul 02 jul

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