Summary
Once again, questions over representation in Israel’s parliament, the Knesset, are the subject of much political contention in the country. In February, Israeli Prime Minister Benjamin Netanyahu announced that he would push for a law to allow the Knesset to remove lawmakers deemed anti-Israeli. Under the proposed law, Knesset members could face removal for inciting violence or racism, supporting armed conflict against Israel, or denying Israel as a Jewish, democratic state. The so-called suspension bill would be the first law enabling the Knesset to unseat elected officials and it could be widely implemented against Arab lawmakers if adopted.
Analysis
In Israel, controversy surrounding Arab lawmakers in the Knesset dates back to the country’s first elections in 1949. Following Israel’s war of independence, many Israelis worried that Palestinian citizens in the new country would seek public office only to undermine the Jewish state. As the suspension bill attests, this fear persists in Israel today.
Netanyahu first introduced the bill in early February, after three Arab lawmakers met with the families of terrorists. If passed, the bill would require a majority of lawmakers to request the suspension of a Knesset member. The member would then defend himself in front of a panel before a vote on the matter was taken. To complete a suspension, three quarters of the Knesset would have to vote to remove a member.
Israel’s electoral system is a “list” system, wherein political parties assemble a list of candidates. Parliamentary seats are awarded proportionally to candidates from the lists, based on the percentage of votes that their party obtained. Today, Arab Knesset members are mostly represented in the Joint List, a political alliance of four Arab-dominated parties that formed prior to elections in January 2015 to overcome low voter turnout among Arabs. The suspension bill, therefore, could target individuals without necessarily reducing the Arab parties’ representation in parliament.
Even so, the proposal of this legislation itself is symptomatic of the rift between the Palestinian and Jewish segments of Israeli society. The bill’s passage and implementation would only exacerbate existing tensions. Though the bill has no provision for retroactive suspension, Arab members often engage in activities that express anti-Israeli sentiment and could be seen to incite violence. Their actions, a reflection of the discontent in the Arab Israeli electorate, broadly question Israel’s legitimacy as a Jewish state. As a result, the suspension bill could be widely implemented against Arab lawmakers if adopted. In February, Ayman Odeh, the Joint List’s leader, announced that he and other Arab lawmakers would consider resigning if fellow Arab lawmakers were suspended for visiting terrorists’ families to offer condolences.
As much as there is weight behind it, however, the suspension bill is not guaranteed to pass. In a March 28 vote, the measure passed with a simple majority of 59 to 52. Nonetheless, the Knesset’s chief legal adviser, Eyal Yinon, cautioned that without a 61-vote majority, the bill could face legal challenges. To be sure, many Jewish Israelis oppose the legislation. Among other things, the bill’s detractors object to giving Knesset members the power to decide that a lawmaker’s actions are anti-Israeli.
The suspension bill amends one of the Basic Laws of Israel, the country’s supreme legal document. According to the law in question, it is illegal to incite violence or racism, support armed conflict against Israel, or negate Israel as a Jewish and democratic state. The proposed legislation would allow Knesset members to deliberate on a lawmaker’s guilt, a role typically reserved for the judicial system. Due to the subjective nature of the Basic Law, there are concerns that the deliberative power could be abused. Several weeks ago, Israeli President Reuven Rivlin said that Knesset members who demonstrate illegal anti-Israeli sentiment should be brought to justice by the attorney general, not legislators.
Meanwhile, other lawmakers worry about the political repercussions that this bill’s passage would have. If passed, the suspension bill could further undermine Israel’s ability to maintain a representational government body. In fact, Odeh suggested that this bill would generate support among Arab Israelis for a separate Arab parliament in Israel. Even if the bill fails, the controversy it has created will compound the sense of disenfranchisement among Arab Israelis who already feel ignored by the Israeli government.
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