Subscribe to Print Edition | Mon., February 26, 2007 Adar 8, 5767 | | Israel Time: 17:59 (EST+7)
Haaretz israel news English
web haaretz.com
  Back to Homepage
Print Edition
Diplomacy
Defense Opinion National Arts & Leisure Anglo File Sports Travel  
Magazine Week's End
Q&A
Business Underground Jewish World Real Estate Advertising  
Bookmark to del.icio.us
A story in black and white
By Ze'ev Segal

The ruling of the Tel Aviv Magistrate's Court concerning the suit for slander submitted by Mali Shalev against Sahar Shefa is a very sad document.

This is a story in black and white. Shefa, the white man, one of the owners of the Aroma coffee-shop chain in Tel Aviv, asked for service at the offices of a company that imports Mercedes cars. He was received, after a delay, by the coordinator of customer service, Shalev, "a woman of Mizrahi extraction" (of North African or Middle Eastern origin), as she was described in the legal documentation.

Shefa, apparently a busy man, showered the plaintiff with racist remarks. He declared, "I am white and you are black," informed her that she was a "black stain," "an inferior black woman" and promised that "this white man will teach you a lesson." Shalev did in fact learn a lesson - and asked the court to teach Shefa one.

Advertisement

The judge, Shoshana Almagor, found the plaintiff's version of events to be credible; it was also reinforced by the testimony of the security guard who was present at the time of the confrontation. Almagor found Shefa guilty of slander, since his words had the effect of humiliating and scorning someone on the basis of race or ethnic origin. After admitting his responsibility, the accused said he would compensate the plaintiff with a sum of NIS 100,000 (18,000 euros).

In the compromise agreement on the issue of the compensation, Shalev accepted Shefa's apology as "frank and genuine" and declared that there is "a profound social lesson" to be learned here.

Meanwhile, organizers of the protest demonstrations in front of the branches of the Aroma chain in Tel Aviv are justly trying to teach Shefa a lesson by causing him financial damage, and are suggesting that customers forgo Aroma's delicacies, mainly in light of Shefa's statement to Shalev that "you are a zero and I earn $800 a minute."

The lesson to be drawn from the affair involving Shefa, on the painful assumption that he is not alone in his belief in the superiority of the "white race" over the "black race," is that we have not yet learned to eradicate completely our racist attitudes or what can be called "expressions of hatred" - in spite of the long way we have come.

The memory of the Holocaust and the advent of political parties that incited to racism and called for "a Jewish state free of Arabs" led to the 1985 amendment to the Basic Law on the Knesset that, among other things, allows the disqualification of a Knesset slate if it "incites to racism." In three cases in the 1980s and the 1990s the Supreme Court approved the disqualification of parties for this reason.

The Israeli penal code asserts that publicizing anything with the aim of inciting to racism is a crime that carries a maximum punishment of five years' imprisonment. Ten years ago, the Supreme Court convicted a rabbi of this crime, when he wanted to discuss with his students an issue of "permission to kill non-Jews." The court, in this context, emphasized the value of human dignity and the degree to which it is undermined when we try to strip people of their human traits because of their racial identity, in the spirit of the Nazi era.

This year the Jerusalem Magistrate's Court convicted a man accused of shouting "Death to the Arabs" in a soccer stadium at the conclusion of a moment of silence in memory of the death of a fan of a Jewish team in a terror attack.

The approach excluding racist talk from the power play in a democratic society has developed in Israel in spite of the great importance we attribute to freedom of expression. Thus the Supreme Court this year approved the decision of the chair of the Knesset Elections Committee to disqualify one party's election broadcast, which presented ultra-Orthodox Jews as reptiles and as leeches at the feet of secular Jews, in a spirit that seemed similar to the propaganda presented in anti-Semitic caricatures and films.

The Supreme Court emphasized the obligation of enabling broad freedom of expression, even for opinions that are extremely hurtful. However, it was emphasized by then president Aharon Barak that protecting freedom of expression does not mean "unlimited freedom to humiliate and scorn a person and to greatly undermine his human dignity." The election broadcast was rejected with the explanation that "it is horrifyingly similar to anti-Semitic propaganda, which will be a harsh reminder to viewers of the millions of our brothers who were incinerated in the Nazi crematoria."

Eliminating racism and the struggle against the new-old anti-Semitism remain a mission whose importance should not be minimized. Next week the European Union will hold a European-Israeli seminar in Brussels that will focus on the fight against racism, xenophobia and anti-Semitism, in light of recent serious incidents.

The State of Israel must be the leader in this struggle. Using legal means and imposing ethical obligations on the media and on advertisers will not be of any avail without an ongoing and very thorough educational process.

Mr. Shefa, the white man of means who demanded fast service from the Mercedes importers, asked that the court release him from responsibility for his harmful words, based on an argument that is found in the anti-slander law, which refers to "trifling" words that "a reasonable person would not have complained about."

The judge justly rejected the argument in this case. A "reasonable person" should not only reject such words in disgust - he should also complain about them so we can eradicate all that is evil and racist from our society.

Bookmark to del.icio.us
Let us leave
After privatization, the next needed revolution is consumer mobility between suppliers.
Acting like animals
A year after shocking pictures of cruelty to animals surfaced, little has been done.
  1.   The future of Israel 12:23  |  David King 20/11/06
  2.   We are all black! 13:29  |  L A 20/11/06
  3.   By the way, 14:02  |  BenAbuzaglo 20/11/06
  4.   #1 14:15  |  LA 20/11/06
  5.   Suitable picture? 14:26  |  Bobman 20/11/06
  6.   Haaretz-Racist 15:13  |  Jeremiah 20/11/06
  7.   Apples and Oranges 15:16  |  Michelle 20/11/06
  8.   Amen to #5 15:19  |  A-Men 20/11/06
  9.   racism is racism 15:41  |  Dror 20/11/06
  10.   Like anything else.. 16:02  |  BenAbuzaglo 20/11/06
  11.   #9 16:11  |  Michelle 20/11/06
  12.   #5, 6, and 8 16:11  |  Steve 20/11/06
  13.   Heartbreaking 16:11  |  Kin 20/11/06
  14.   The failure of israeli education 16:28  |  Danite 20/11/06
  15.   "Jews Cant Be Racist" 16:48  |  dan 20/11/06
  16.   Ashkenazis, think about Hitler`s smile... 17:10  |  Ruben Misrahi 20/11/06
  17.   Unexcusable! 17:21  |  Avi Yerushalmi 20/11/06
  18.   Who is white? 17:49  |  Whiter than white 20/11/06
  19.   continuation of anti-mizrahi bias 17:54  |  haim k 20/11/06
  20.   Amen, Haim k 18:19  |  Dror 20/11/06
  21.   L A, yes humans came from Africa, but 18:25  |  Jake 20/11/06
  22.   David King, beware the overpopulation in Indonesia 18:29  |  Jake 20/11/06
  23.   The term `Mizrachi` is a new-fangled misnomer 18:34  |  Jake 20/11/06
  24.   Are we all so naive and stupid here?? 18:34  |  donna 20/11/06
  25.   Haaretz - Quality journalism? 18:41  |  Lork 20/11/06
  26.   Charedi in Picture - WHY? 18:43  |  Gideon 20/11/06
  27.   Great picture - wrong story 18:44  |  Loppy 20/11/06
  28.   Important? Perhaps. Possible? No 18:53  |  Colin Wright 20/11/06
  29.   Dror, who do you represent? 19:03  |  Jake 20/11/06
  30.   Upsetting! 19:16  |  Alicia 20/11/06
  31.   To # 17 Please read my previous post... If published ! 19:24  |  Yankelowitz 20/11/06
  32.   Humanist (Hellenist) values vs. Jewish values 19:26  |  Matityahu 20/11/06
  33.   To # 22 have you ever been to Africa ?! 19:30  |  Yankelowitz 20/11/06
  34.   Blaming Europe 19:35  |  Alicia 20/11/06
  35.   To # 31 Alicia in wonderful land... :-0) 19:37  |  Yankelowitz 20/11/06
  36.   Yankelowitz - towing the Arab propaganda line #32 19:51  |  William 20/11/06
  37.   One rich jerkoff 19:54  |  William 20/11/06
  38.   clickfool? Indrajaya? Yaakov Sullivan?!!!!! 20:08  |  Jon 20/11/06
  39.   Yankelowitz 20:33  |  Jake 20/11/06
  40.   Avi Yerushalmi, that`s a lie! 20:42  |  Jake 20/11/06
  41.   I will never go to Aroma again. 20:44  |  Shula Yisrael 20/11/06
  42.   Not so sure, Haim K 20:58  |  Paul 20/11/06
  43.   A story in black and white 20:58  |  Robert Griffin 20/11/06
  44.   Jake #42 21:15  |  Avi Yerushalmi 20/11/06
  45.   My personal exsperience 21:30  |  TOMY 20/11/06
  46.   Avi Yerushalmi, that early research was debunked I. 21:48  |  Jake 20/11/06
  47.   Avi Yerushalmi , Part II 21:50  |  Jake 20/11/06
  48.   Reply to number 45 21:50  |  Joe 20/11/06
  49.   Social racism 21:54  |  sh 20/11/06
  50.   most superficial kind of racism 22:18  |  Pssd Off American 20/11/06
  51.   Blacks out of Africa 22:24  |  Some Dark Jew 20/11/06
  52.   news? 22:30  |  Ahmad 20/11/06
  53.   Jake # 49 22:31  |  Avi Yerushalmi 20/11/06
  54.   Aroma owner 22:42  |  Ben Galim 20/11/06
  55.   Avi Yerushalmi 22:56  |  Jake 20/11/06
  56.   Is Jankelowitz Paris Jewish? 23:04  |  Hadar 20/11/06
  57.   Jews are a mixed "race" - Jews cant be racist. 23:09  |  AV 20/11/06
  58.   a story in black and white 23:10  |  Bah Sanoussi 20/11/06
  59.   Pssd off american, stop spuing lies 23:23  |  TOMY 20/11/06
  60.   Question for Jake 23:47  |  AV 20/11/06
  61.   Genetics proves Nazi racism is stupid 00:16  |  AV 21/11/06
  62.   Aroma is off my List 00:36  |  Ruben Misrahi 21/11/06
  63.   Question for Jake (hypothetically) 01:30  |  AV 21/11/06
  64.   AV, about the Cohanim 02:22  |  Jake 21/11/06
  65.   Nevertheless, the "Cohen Modal Haplotype" is probably from Aaron. 03:53  |  AV 21/11/06
  66.   To Tomy # 47 04:09  |  An Honest American 21/11/06
  67.   anti-ashkenazi silliness; mizrahi shefa family 06:14  |  Serge 21/11/06
  68.   Rude as well as racist 07:37  |  david 21/11/06
  69.   Shefa`s brother asked him to leave the company 09:00  |  William 21/11/06
  70.   David - if you think Israel is narcisstic...#70 09:04  |  William 21/11/06
  71.   re: #69 09:17  |  haim k 21/11/06
  72.   YOU CANT CONDEMN A NATION JUST BECAUSE OF ONE PERSON 11:36  |  Nicole 21/11/06
  73.   TO DAVID KING 11:39  |  Nicole 21/11/06
  74.   William #70 20:08  |  david 21/11/06
 Today Online
Burston: Why Israelis hate the left, or, How to Speak Leftist
Responses: 77
Rosner: Can you criticize Israel and not be anti-Semitic? Duh!
Responses: 83
Peace Now: 21 settler enclaves infringe on nature reserves
Responses: 70
Police: Terrorists killed Israeli in West Bank on Sunday
Responses: 63
Toaff to retract claim Jews killed Christians for their blood
Responses: 54
U.S. synagogue holds event promoting sale of W. Bank homes
Responses: 86


More Headlines
16:27 Palestinian killed, son wounded in IDF Nablus operation
14:19 Peace Now report: 21 settlements annex land from nature reserves
16:09 Histadrut threatens general strike Wed. over unpaid wages
16:47 Report: Egypt caves to U.S. pressure, delays nuclear plans
17:06 MKs demand the author of blood libel book be prosecuted
14:50 Gaydamak questioned on suspected bribery of PM bureau chief
13:35 MK Wahabi first Druze to act as Knesset speaker, president
12:17 UN panel to hear Israel respond to charges of bias against Arabs
15:25 Security Council members meet in London to mull Iran sanctions
17:25 West Bank's Bir Zeit University to reopen after weeklong strike
Previous Editions
Special Offers
Advertisement
Skin Care Products
Shop high-class skin care cosmetics with Dead Sea minerals. Coupon code "haaretz" for 10% off.
A Different Israel Experience
Unique programs for adults of all ages
JOIN FREE AT JDATE.COM
The most popular online Jewish dating community in the world! Explore the possibilities! Click Here!
CAMP KIMAMA ISRAEL
Israel's international summer camps!
Learn Hebrew Online
Learn Hebrew from the best teachers in Israel live over the Internet
Home| Print Edition| Diplomacy| Opinion| Arts & Leisure| Sports| Jewish World| Underground| Site rules|
© Copyright  Haaretz. All rights reserved