National Center for Human Rights issued a statement on the"Jewishness of the State" which contravenes the right to equality and non- discriminatory treatment.
Statements by the National Centre for Human Rights regarding the "Jewishness of the State" which contravenes the right to equality and non- discriminatory treatment.
The National Centre for Human Rights has noted the news in the Arab and the international media regarding the statements attributed to the Israeli prime minister and some responsible officials in his government stressing the need for all Arab states to recognize the jewishness of the Israeli state so as to move forward in the " peace process" of the Arab –Israeli conflict.
It is the view of the NCHR that the so called pure " Jewish State" contradicts the international instruments of human rights stipulated in the universal conventions that forbid all forms of discrimination due to the fact that this concept contains within its implications pointers that are classified within the framework of racism and colonialism that seek to expel and forcibly exile the Palestinian Arabs from their lands on a religious basis so as to colonially settle in these lands instead of their rightful owners . This constitutes a grave violation of the basic principles that has been stipulated by the international covenants of human rights like the respect of the right of self determination and the non- discrimination on the basis of race and religion.
This was particularly emphasized by the 1967 UNESCO declaration that considered null and void the racist theories from a scientific point of view; and the non-existence of any proof to the so- called pure races.
The UNESCO declaration went on to state that all people belong to one race " the human race " and descend from a common origin, irrespective of some physical variables among the human groups due to heredity or environmental factors.
The NCHR would like to remind that the international human rights law has flatly rejected all racial pretexts and practices that seek to discriminate among human beings. It has formulated this in a matrix of international declarations and conventions that has stressed equality among mankind, and rejected all forms of discrimination in this respect.
The preamble of the United Nations Charter has specifically stipulated that " we the people of the United Nations determined to reaffirm faith in international human rights in the dignity of the human person , in the equal rights of men and women and of the nations large and small'.
In addition, many international instruments were issued that were specifically directed towards the banning and the fighting of racial discrimination and segregation. This is evident in article (7) of the Universal Declaration of Human Rights; and article (2) and (26) of the International Covenant on Civil and Political rights; and article (2) of the International convenient on Economic , Social and Cultural rights which all stressed that all people are equal before the law, and are equal in the right to enjoy the protection of the law without discrimination.
In addition, the 1963 United Nations Declaration on the Elimination of all Forms of Racial Discrimination has characterized any ideology that is based on racial discrimination or racial supremacy as being scientifically false; morally corrupt and socially unjust and dangerous.
The 1965 International Convention to Eliminate all Forms of Racial Discrimination has clarified what is meant by discrimination and obligated all states to desist from any action or practice that fall within racial discrimination in the territories that fall within their jurisdiction. There are also other international conventions like the 1965 international convention to fight racial segregation in athletic games; the 1960 Anti – Discrimination Convention in the area of education , and the 1979 convention to Eliminate all Forms of Discrimination Against Women (CEDAW).
The NCHR would like to remind that the General Assembly of the United Nations has adopted its resolution no:3379 in 1975 which has condemned Zionism as being a threat to world peace and security , and considered it a form of racism and racial discrimination. It also called on all states to resist this racist and colonial ideology. But this resolution was abrogated in the year 1991, under the pretext of encouraging the peace process among the Arabs and the Israelis.
The NCHR would like to reiterate that the concept of a " pure Jewish state" does not only violate the right of the non-discriminatory treatment of the Arabs and the Jews ( as a result of the Israeli systematic practices against the Arab inhabitants in their capacity as citizens living in the Israeli state even before its legal existence that has received an international willing by the United Nations provided it respects its international commitments regarding the Arab inhabitants), but it (also) contravenes the essence of citizenship and democratic values, which renders Israel to be the only state in the world in which religion and nationality are identical, and assigning citizenship, accordingly, on the basis of closed religious foundations that contradict the civil nature of the establishment of states in our contemporary world. This is particularly so, since the only pretext that is used to justify the right of self-determination for the Israeli society and state is based on historical and religious justifications in which a Torah claim is invoked over the land. In addition, this concept renders it a state that transcends borders; nationalities and citizenships in considering the Jew as being a part of this nationality no matter where he resides. The Israeli law of return – which insists that Israel is the state of the Jewish people – negates the concept of equality among the Arabs and the Jews in the state of Israel.
The NCHR urges all states and Arab and international organizations that are concerned with fighting the policies of racial discrimination to shoulder their legal, humanitarian responsibilities to expose the Israeli racist practices, and assume their role in internationalizing this racist issue against the Arab millions in Palestine, and spreading it on the widest possible scale . The Centre emphasizes that the United Nation and its specialized agencies must force the Israeli government to abide by the international principles that forbid discrimination in all its forms.
What is worth noting is that Israel is among the few, and perhaps the rarest, states in the world that has no constitution.. without a basic law that determines the rights and duties. In addition, the Israeli legislations avoid any clear text regarding the principle of equality, irrespective of religion, race; language or social origin… which is emphasized in the human rights statue stipulated in the Universal Declaration of Human Rights and the two covenants on civil; political; economic; social and cultural rights. Under these instruments, states have committed themselves to remove any legislation that contravenes the international covenant of human rights, and to include this in their constitutions. It is the same legitimacy that is stipulated in the charter of the United Nations in which the Partition Resolution no: 181 of the year 1947 have made it a condition upon Israel to abide by it.