Why The NGO Bill Does And Doesn’t Matter
January 14, 2016 § 1 Comment
Much ado has been made lately over Israel’s now infamous bill regulating non-governmental organizations. This is the proposed legislation requiring Israeli NGOs receiving a majority of their funding from foreign governments to report their funding sources and their representatives to wear identifying badges while in the Knesset. The bill has drawn the ire of many, who note that it applies disproportionately to NGOs on the left rather than the right, the former receiving funding primarily from European governments and the latter receiving funding primarily from individuals, most of them Americans. It has drawn condemnation from a wide range of groups and people on both sides of the ocean, including MKs in the coalition, such as former U.S. ambassador and current Kulanu MK Michael Oren, who said that he will not vote for it. Despite all of the concern, I’m a lot less worried than most. I actually don’t see the bill itself as that big of a deal.
There’s no question that the bill is problematic. The bill is redundant, as the reporting requirements that it mandates already exist under Israeli law. I am uncomfortable with any measure targeting NGOs, let alone one with such nativist tones. The comparisons that Justice Minister Ayelet Shaked has made to the U.S. Foreign Agents Registration Act are facile, as Lara Friedman has pointed out. Only someone with partisan blinders on genuinely believes that this bill is about transparency rather than a naked attempt to hamper leftwing organizations while leaving rightwing organizations untouched.
Ultimately though, the effect of the NGO bill if passed will be to subject representatives of some NGOs to unwarranted humiliation while they are visiting the Knesset building. Is that something to ideally be avoided? Of course. Is it a “danger to Israeli democracy” or “the kind of tactic that Russia and China have employed to squelch dissent,” as the Washington Post editorial board has written? I think that is overstating the case in a significant way. China’s NGO law forbids any funding from abroad, full stop. Russia’s NGO law allows the government at its discretion to shut down foreign-funded organizations and fine and imprison those organizations’ employees. Egypt’s NGO law requires government approval before an NGO can accept overseas funding, and the penalty for noncompliance is seizure of assets and shuttering the organization. The Israeli NGO bill is ugly and unpleasant, but it occupies a different universe than NGO laws around the globe that are genuine threats to a country’s democratic viability.
So now that I have established myself as the least popular guy in the liberal Zionist room, why should you still be worried about this bill? The reason is that the bill itself is not authoritarianism come to life, but it is part of a larger trend of things that are far worse. The NGO bill is a misdirection play that has lots of people and organizations mobilizing against it, when the graver danger is taking place elsewhere.
The strongest objection to the NGO bill is that it subsumes democracy to nationalist politics. Too often, Prime Minister Netanyahu and the current government have caused Israeli democracy to suffer for the sake of scoring political points. It has been obvious for years now – as the most radical elements of the settler movement went from establishing illegal outposts to inciting against the IDF to “price tag” attacks to firebombing houses with their occupants in them – that the decision to enforce a law depends on the identity of the perpetrators. There is the constant threat of a nation-state bill that explicitly prioritizes Israel’s Jewish character over its democratic character. There is the ongoing absurdity of arresting rabbis for performing unsanctioned wedding ceremonies, which is extremism personified and is largely still maintained so that Netanyahu can mollify his preferred coalition partners, who give him a blank check when it comes to nationalist policies.
Israel’s standing in the world is also allowed to erode for the sake of placating political allies. One of Netanyahu’s own cabinet ministers, Uri Ariel, violates Israeli law with repeated attempts to pray on the Temple Mount and nearly ignited a full blown crisis with the United States when his secret building plans for E-1 came to light, but he remains in his post untouched. Deputy Foreign Minister Tzipi Hotovely, the effective acting Foreign Minister, infuriated the Jordanians and other Arab counties by calling for the Israeli flag to fly over the Dome of the Rock, yet she remains Israel’s de facto top diplomat. The Israeli ambassador to the United Nations has disavowed the two-state solution, and Brazil is refusing to accept the credentials of Netanyahu’s ambassador-designate since he was formerly head of the settlers’ umbrella Yesha Council, but Netanyahu has not treated these glaring problems with the gravity that they deserve.
Is it any surprise then that actual extremists believe they can act with impunity in ways that genuinely challenge Israeli democracy? Ali Dawabshe’s murderer Amiram Ben Uliel and the members of HaMered that stabbed the toddler’s pictures at a wedding reception are not representative of Israeli society writ large, but neither should they be viewed as isolated random noise. When a Jewish group that perpetrated a string of murders of Palestinians, firebombings of churches, and price tag attacks was finally broken up, the government described them as unconnected to any larger political program or viewpoint. In contrast, when a sole Arab gunman with a history of mental problems went on a terrifying shooting rampage in Tel Aviv, Netanyahu spoke stridently about the unacceptable lawlessness of the entire Israeli Arab sector. There is a consistent message emanating from the top of the Israeli government down through Israeli society, and it is an ugly one.
The NGO bill is to my mind the least worrisome element in this catalog of concerns. But it is the shadow on the wall of Plato’s cave, reflecting a deeper truth that is taking place. By all means get worked up about the NGO bill, but keep it in perspective. Should it pass, Israeli democracy will not die. That doesn’t mean that Israeli democracy deserves a clean bill of health.
What To Watch For In Israel In 2016
December 23, 2015 § Leave a comment
2015 was a busy year in Israel, with elections, the Iran deal and the accompanying fiasco of Prime Minister Netanyahu’s address to Congress, the return of routinized violence in the streets, and other stories big and small occupying headlines. While 2016 will (presumably) not bring another election, there will be plenty of other momentous events and slow-burning stories that occupy Israel. At the risk of opening myself up to some serious embarrassment at this time next year, here are some issues that I think will manifest themselves in a major way over the next twelve months.
Civil-military relations
Israel is a rare case when it comes to the relationship between the political and military leadership. Since most Israelis – and virtually all of the political leadership – do mandatory military service, military issues are not unfamiliar to any policymakers. On the other hand, because the IDF is Israel’s most revered institution, military leaders are accorded enormous respect and deference by the Israeli public. It means that Israel’s elected officials are in a better position than elected officials in many other countries to challenge the military leadership when disagreements arise, but are simultaneously constrained by a public that itself has firsthand familiarity with the military.
When the politicians and the generals are on the same page, this is not a problem. When they are not, the potential exists for things to get hairy. Netanyahu has famously been on the opposite side of issues with IDF chiefs of staff and Mossad and Shin Bet directors in the past, but it has seemed over the past two years that the current government is never in the same place as the upper echelon of the security and intelligence establishment. The disagreement over whether to attack Iran before the Iran deal has given way to disagreement over how to deal with the growing terrorist violence erupting from East Jerusalem and the West Bank, and it almost seems inevitable that at some point down the road, the IDF is going to be asked to take actions to which it is adamantly opposed. I do not in any way mean to suggest that Israel is in danger of a military coup, since that seems about as far-fetched a possibility as Netanyahu all of a sudden embracing the BDS movement, but there is no question that the recommendations and priorities of the security leadership are clashing head on with the desires and priorities of the political leadership. Look for this to become an even bigger issue in 2016 as Palestinian violence grows and what to do in the West Bank becomes a more acute problem.
Political scandals
While you wouldn’t necessarily know it in the U.S. unless you regularly read beyond the headlines of the Israeli press, there are a couple of political scandals besetting Netanyahu that are ripe for explosion. The first surrounds his unusual process of appointments and suspicions that his primary criteria for evaluating whether someone is fit to lead Israel’s police force or become the next attorney general is if those appointees will turn a blind eye to the second, which is Sara Netanyahu’s household financial chicanery. It was reported this week that attorney general Yehuda Weinstein will allow the police to question Mrs. Netanyahu over allegations of misappropriating state funds in running the official Netanyahu residence, which comes on the heels of the search committee for the next attorney general recommending Avihai Mandelblit, who is seen as beholden to Netanyahu and likely to shield him and his wife from any future investigations. Possibly connected to this is Netanyahu’s strange decision to try and hold the primary for Likud chairman – which would normally happen six months before a Knesset election – as soon as two months from now in a blatant effort to forestall any challengers to his primacy. While Netanyahu’s motives may just be to get his ducks in order and catch rivals such as Gideon Sa’ar off balance well ahead of an election campaign, he also may be trying to get this out of the way before the scandals nipping at his heels catch up with him. Whatever the case, this will be a story to watch over the coming year.
Orthodox vs. Orthodox
Yedioth Ahronoth ran a feature over the weekend on the “new elites,” who are largely in the Naftali Bennett mold – young religious Zionists who are supportive of the settlement movement. While I think it is too soon to write the obituary for the secular liberal Ashkenazi elite that dominated Israel since its founding, there is no question that the fortunes of the national religious community – largely analogous to American Jewry’s modern Orthodox – are on the rise. The proportion of religious IDF officers and elite commandos has been skyrocketing for some time, and the heads of the Mossad, Shin Bet, and Israeli police all come from the national religious camp. Bennett and Tzipi Hotovely are the political figureheads of this new elite, and there is no question that their influence is rising.
The Orthodox are not monolithic, however, and the fact that the Haredi population is on the rise as well – not to mention that Shas and UTJ are back in the coalition and are Netanyahu’s favorite political partners due to their general quiescence to his agenda – almost guarantees more intra-Orthodox friction in 2016. As it is, there is bad blood between the Haredi parties and Bennett’s Habayit Hayehudi, stemming from Bennett’s alliance in the last coalition with Haredi bogeyman Yair Lapid and the fight between the Haredim and the religious Zionists over the chief rabbinate, and the tension will continue to rise. The new religious Zionist elite is not willing to live with the status quo that grants the Haredi rabbinate a monopoly over the state’s religious institutions, and religious Zionist and Haredi priorities are frequently not in alignment, with the former caring first and foremost about hanging onto the West Bank and the latter caring first and foremost about stamping out secularism and continuing the state subsidies for yeshivot and other Haredi mainstays. The clashes that have so far been mostly below the radar are likely to burst into the open the longer these two camps have to coexist with each other in the same narrow coalition.
So there are some of my broad predictions for what we will see, and keep on following this space over the next year to see whether I’ll be completely wrong or just a little wrong. Happy New Year to all.
Optimism and Pessimism On The New Round Of Peace Talks
July 25, 2013 § 13 Comments
Now that reports are surfacing that negotiations between the Israelis and the Palestinians are scheduled to begin in Washington on Tuesday – although there are also conflicting reports that Saeb Erekat is going to stay home until the Israelis agree to use the 1967 lines as the basis for negotiations over the final border – it seems like a good time to lay out some reasons for optimism and reasons for pessimism about whether these talks are fated to go anywhere. Since I am generally pretty cynical about such things, let’s start with the reasons why I think the talks may fail. One of the biggest obstacles is the domestic politics involved. Brent Sasley has written a thorough piece arguing that the politics right now on the Israeli side are actually favorable for meaningful negotiations and concessions, but I tend to see things differently. Prime Minister Netanyahu has not shown the willingness in the past to actually deal with the hard choices involved in coming to an agreement, and while that does not mean that he is incapable of doing so, nothing in his past indicates that he is an enthusiastic peace process negotiator. If he is being dragged to the negotiating table unwillingly through a combination of pressure and quid pro quo for past U.S. security assistance, it is not going to bode well for the final outcome. Even if he is doing it of his own volition, which is certainly in the realm of possibility, the fact that he seems unwilling to accede to measures such as relinquishing sovereignty over parts of Jerusalem – which is going to have to be in any deal that the Palestinians will accept – is a bad omen. Then there is the problem of Netanyahu’s party. The current iteration of the Likud is the most right wing in its history, and a large bloc, if not an outright majority of the party, does not trust Netanyahu and is adamantly opposed to negotiations. In fact, an increasingly large subset of Likud members, led by Danny Danon, have been openly calling for Israel to annex the West Bank and ditch the two state solution in favor of the rightwing version of a one state solution. It is also the case that the more radical Likud members now control the party’s policy apparatus and serve as deputy ministers in the government; in fact, it seems as if Netanyahu is refuting the latest nonsense from Deputy Defense Minister Danon every other week. Sasley argues that this cast of characters is aware that they cannot win without Netanyahu and will ultimately fall in line, but I am not nearly so certain. Plenty of Likud voters will vote for the party if, say, Bogie Ya’alon is the headliner, and I don’t think that the Likud ministers and back benchers are going to sit idly by if Netanyahu begins to give up territory in the West Bank or order the evacuation of settlements. They have staked their political reputations almost entirely on rejectionism of the two state solution, and just because Netanyahu asks them nicely does not mean that they would not rather have a smaller but purer version of the Likud. See the experience that John Boehner has had with his own unruly caucus of House Republican newcomers as a parallel to how this would play out. Furthermore, Netanyahu is being kept afloat by his temporary merger with Yisrael Beiteinu, which he wants to turn into a permanent one. Without the extra YB votes, Likud immediately loses 10-12 seats in the Knesset. The problem is that Avigdor Lieberman is in many ways the original rightwing one stater, and there is simply no way in which he agrees to keep the two parties together once settlements are given up. Netanyahu knows this, which provides another incentive to make sure that talks break down along their usual pattern. The same problem exists with coalition partner Habayit Hayehudi, which has repeatedly threatened to leave the government over the issue of freezing settlements and whose head, Naftali Bennett, is also an advocate of annexation. Sasley argues that pulling out of the coalition will risk breaking the party apart, leaving Bennett politically homeless, and so he can’t risk it. I think the much bigger risk to Bennett is the party folding or excommunicating him for selling out his core principles if he agrees to remain in a government that agrees to extricate itself from the West Bank. After all, the party’s very name – Jewish Home in English – is meant to refer to the entirely of the Land of Israel from the river to the sea and explicitly lay claim to all of the territory as part of the Jewish state. The idea that the greater risk in this lies in leaving the government seems to gloss over the very reason the party exists, its history, and its makeup. There is also the issue of a referendum, which Netanyahu has now promised to hold to approve any peace agreement that is struck with the Palestinians. While the latest poll in Ha’aretz indicates that 55% of Israelis would approve a peace agreement, that is in a generic sense. Once the details are factored in and various political parties and lobbying groups begin to play on Israeli fears about security, sovereignty over Jerusalem and the Temple Mount, the Jewish character of the state, etc. it will be very easy to siphon off entire groups of voters through scare tactics and populist campaigns. That 55% number is a mirage, akin to the way in which Yair Lapid supports a two state solution but is adamantly opposed to any division of Jerusalem; lots of people support a peace deal in theory, but the devil is in the details. Bennett knows this, which is why Habayit Hayehudi has pushed to extend the Basic Law that requires a referendum to approve giving up land that Israel has annexed – East Jerusalem and the Golan – to include the West Bank as well. The hope on the right is that a referendum will doom any successful negotiations for good. Finally, there is the Palestinian side. There is no need to rehash here all of the various arguments over Mahmoud Abbas and whether he rejected Ehud Olmert’s offer of 99% of the West Bank or whether he simply did not respond because Olmert was a lame duck and out of office before he even had a chance. My own opinion is that the truth lies somewhere in the middle, but I am not as convinced as others on the left that Abbas is a willing a peace negotiator. The insistence on preconditions to negotiating is a tactic designed to doom talks, and the fact that Abbas was not willing to jump on Netanyahu’s partial 10 month building freeze a couple of years ago as the excuse he needed to reenter talks does not bolster the case of those who want to pin all of the blame on the Israeli side. Abbas may indeed want to talk, but I do not think it is fair to portray him as champing at the bit to get started. On the flip side, there are reasons to be optimistic. While, as I noted above, Netanyahu has not shown a propensity in the past to reach an agreement that the Palestinians can reasonably accept, he certainly appears to have arrived at the realization that Israel’s international standing is becoming more precarious by the day. The EU guidelines on settlements last week seem to have been a wakeup call of sorts, and his now repeated public warnings that Israel is facing a real prospect of a binational state indicate that his attitude in 2013 is very different than it was during his tenure as prime minister in the mid-90s or during the beginning of his current stint in 2009. In addition, as Dahlia Scheindlin has pointed out, polls consistently and repeatedly show support for a two state solution, 83 out of 120 seats in the current Knesset are controlled by parties theoretically supporting two states, and the support for two states remains even when you add various line items about specific concessions into the polling questions. In this light, the referendum may turn out to be a very good thing, since it will reinforce the move toward a negotiated solution. It is also encouraging that Netanyahu is seeking political cover to do what needs to be done, since if he negotiates a deal that is then approved by the Israeli electorate, it will be difficult for the right to claim that he has overstepped his authority. Finally, there is the fact that the best way for negotiations to succeed is if the specific details are kept under wraps, and any concessions made by either side are not wielded by opponents of two states as populist cudgels designed to doom the talks. John Kerry has done a good job of this by not publicly outlining the conditions that each side have agreed to in order for talks to resume, but even more encouragingly so has Netanyahu. There is currently a purposeful cloud of ambiguity hovering over the question of whether Israel has frozen settlement construction or not, with Netanyahu denying such a freeze exists and Housing Minister Uri Ariel saying that the de facto and unannounced policy in place is not allowing for any new construction. This, more than anything, is the most hopeful sign of all, since if Netanyahu has actually frozen settlement construction while trying to trick his party and coalition into thinking that he has done no such thing, it is a more serious indication of his desire to really strike a deal than any other datapoint I have seen. P.S. To watch me talk about this more extensively, here is a link to a video of a roundtable hosted by David Halperin and the Israel Policy Forum that I did yesterday with Hussein Ibish and Dahlia Scheindlin. It’s long, but an interesting and thorough discussion of the various issues involved.
The Likud Bell Is Tolling For Bibi
June 27, 2013 § 8 Comments
A little over a year ago, the Likud party was going through a tug of war between the old Likud princes – Dan Meridor, Benny Begin, and their ilk – and a younger and more hardline group consisting of people like Danny Danon, Moshe Feiglin, Ze’ev Elkin, Yariv Levin, Tzipi Hotovely, and Miri Regev. At the time, the latter group were upstarts who were farther down on the party list – or in the case of Feiglin, not even an MKs – while the Likud princes were cabinet ministers. It was clear that the genuine fervor within the party lay with the hardliners but they did not yet control things, and so the party was exhibiting all kinds of strains while still holding together. The hardline group did not trust or even like Bibi Netanyahu at all, but he was the prime minister and his allies were in the top ranks of the party and so there was little they could do about it.
The came the Likud convention in May 2012, where Netanyahu was booed and subjected to rampant criticism, and unable to even secure the ceremonial post of convention chairman, which was deeply embarrassing. Next was the Likud primary in November, in which Danon came in 6th – ensuring that he would end up not only high in the Likud but as a deputy minister in the next government – and Feiglin made it into the Knesset, and Netanyahu allies Meridor and Begin lost their MK status entirely. Completing the trifecta, Danon won the chairmanship of the Likud convention this week with 85% of the vote after Netanyahu didn’t even try to challenge him for fear of being humiliated, and much more importantly is about to win the vote for chair of the Likud Central Committee, which is a powerful and consequential post. He has already stated his intentions to block Netanyahu’s plans to make the unity deal with Yisrael Beiteinu permanent and to subject any peace agreement to a Likud vote, which will never approve any deal with the Palestinians. Overall, things are looking bleaker for Netanyahu within Likud than they ever have before. He is presiding over an unruly caucus where his deputy ministers repeatedly undermine him, his old allies are gone from the scene, his party members do not respect him, and he is busy making plans to resume negotiations with the Palestinians while his own party warns him that it will not acquiesce to a deal under any circumstances.
Mati Tuchfeld today argues that the picture is not actually quite so bleak and that Netanyahu can retake Likud if he desires. His argument boils down to this:
Likud members venerate their prime ministers. Since Israel was established, there have been only four Likud prime ministers. If Netanyahu decides to return to the field, it’s safe to assume that everyone will again fall at his feet. If Netanyahu makes an effort, however small, to show that he wants another term as prime minister, the rebellious voices within Likud will likely die down at once. Unlike Livni, who fought tooth and nail to survive as Kadima leader and lost, or Barak, who was forced to leave Labor, all Netanyahu needs to do is make a decision — return to the field or retire. It’s likely that he’ll ultimately prefer the first option.
I think this is a bad misreading of the situation that does not take into account just how much things have changed. Likud members used to venerate their prime minister, but at last year’s Likud convention, Netanyahu was being disparaged left and right in a way that had never occurred before. In addition, much like the younger generation of Congressional Republicans here, folks like Danon have little desire to stand on tradition and do not venerate Netanyahu, and are not going to “fall at his feet” just because he wishes it. In fact, from their perspective, the sooner he is gone the better. Netanyahu has not made any attempts to court them, as opposed to other senior Likud members like Bogie Ya’alon, and while there is evidence that he is just now waking up to the problem he has within the grassroots of his party, it’s likely too little, too late. There is a new coterie of deputy ministers and up and coming backbenchers who not only do not like or trust Netanyahu, they don’t feel as if they owe him anything. He did not mentor them and they got to where they are now via the Likud primary, which Netanyahu now wants to get rid of, and so they are not going to back him just because he asks. And unlike a year ago, they are no longer revolutionaries and they speak for a larger percentage of the party.
So what are Netanyahu’s options? He appears to have three. First, he can finish him term as prime minister and retire. That is exceedingly unlikely, as by many accounts Netanyahu is more obsessed with being PM than he is with actually doing anything as PM, and even were that not the case, he has never given any indication that he is ready to be done. Second, he can start to fight a little to regain control of Likud and ultimately hope, as Shmuel Sandler argues in the last paragraph of this Jerusalem Post piece, that Likud members believe that they are incapable of winning an election without Netanyahu at the helm and so his position will always be safe. This is more plausible than the first option, but it’s a gamble since Netanyahu is currently caving to the enormous pressure being placed on him on settlements and the peace process, and any real initiatives on that front are going to bring a serious Likud backlash and a threat from Habayit Hayehudi to exit the coalition (which is why I argued back in January that the current government was doomed to fail). If Netanyahu assumes that his position in Likud will be safe after resuming negotiations with the Palestinians, irrespective of the outcome, I think he is fated to be surprised the next time around when Ya’alon or Gideon Sa’ar emerges to try and take his place.
That leaves option three, which is pulling an Arik Sharon and breaking away from Likud to form a new party. Netanyahu is historically risk-averse and is not operating from a position of strength at the moment, and unlike Ben Gurion breaking Mapai to ultimately form Labor, he is not immensely popular, nor does he have a single coalescing issue like Sharon. He also has a number of people, like Yair Lapid and Naftali Bennett, waiting in the wings to take him down. Nevertheless, Netanyahu is bleeding support within his own party every hour, and that is before he has even taken any real steps on the Israeli-Palestinian front. If he is actually serious about doing something and making sure that this is not his last term as prime minister, the only way around that is to form a new party. Formulating it around the idea of keeping all of the large blocs plus a multi-decade IDF presence in the Jordan Valley and selling it as a necessary security measure in the wake of Arab Spring upheaval in Egypt and Syria would attract enough support to make it a viable party, and would let Netanyahu shed the Likud thorns in his side. I wouldn’t bet on him actually going ahead and doing it, but it would be the smart move at this juncture. If he doesn’t, I am not nearly as sanguine as Tuchfeld on his future within his current political home.
