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Last update - 00:00 25/07/2008
No need for the A-word
By Jonathan Berger
Tags: Israel, South Africa 

In "Don't Call it Apartheid" (Haaretz English edition, July 17), Tova Herzl takes issue with the use of the word "apartheid" to describe the situation in Israel. In particular, she implies that the recent South African human rights delegation to Jerusalem and the occupied West Bank - of which I was a member - indeed came to such a conclusion. As a group, we did no such thing.

Instead, we sought to move beyond mere labels and focus on the manner and extent to which Israel is separating Palestinians and Israelis within the West Bank, the impact of the tools of separation on Palestinians in particular and the broader impact of the occupation on all. And in so doing, it was often impossible to avoid making comparisons with apartheid South Africa.

Whether motivated by legitimate security considerations, fear, mistrust or sheer prejudice, the occupation's physical manifestations - including distinct identity cards, number plates and roads, as well as checkpoints, electronic fences and concrete walls - result in a degree of separation far in excess of what was achieved in South Africa. This separation speaks for itself, whether or not one categorizes it as apartheid.
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As a human rights lawyer who believes in the rule of law, I was particularly troubled by the existence of two separate - and highly unequal - systems of law operating in the West Bank. To be fair, all conduct of the military commander is subject to review by the High Court of Justice. Yet jurisdiction in all other matters is personal, with Israeli settlers having access to a modern, rights-based legal system and Palestinians being subject to the authority of military courts.

Under apartheid, the legal system was used as a central tool in enforcing an unequal system based solely on race. In the occupied West Bank, separate legal systems are integral to the differential treatment of persons based solely on nationality. It is one thing to apply Israeli law to all citizens and residents of Israel within its internationally recognized borders; it is quite another to apply that law to Israeli citizens who choose to settle unlawfully in occupied territory.

Our deliberate focus on the occupation meant that we did not consider any particular "solution" to the conflict. As a group, we expressed no opinion on whether a future peace agreement should be based on a two-state solution, in accordance with international law; a single binational state; or some other hybrid or federal form. Instead, we agreed on the need for and the right of both Israelis and Palestinians to live in a democratic and secular state that enshrines civil, political and socio-economic rights for all who live within its boundaries.

At no point did we seek to "delegitimize" Israel. Nor did we try to reduce the complexity of the Israeli-Palestinian conflict to a single concept, recognizing that no one needs to make use of the A-word to draw attention to the horror of the occupation. In particular, we recognized that the apartheid analogy provides Israel's unquestioning supporters with a convenient diversion. Instead of engaging the substantive issues, such as the legality of the settlements and the route and effect of the separation barrier, Herzl regretfully homes in on the red herring.

Jonathan Berger is head of policy and research at the AIDS Law Project in South Africa. He writes widely on issues of health, human rights, social justice litigation strategy and the use and limits of law in social struggle.
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