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| Supporters of the Law of Return claim that to understand it requires an understanding of the political context in which it was created in the summer of 1950. Only five years after the end of ] and the ], the Jews of ] had all suffered an incalculable personal loss of family members, friends, communities, and livelihoods. | Supporters of the Law of Return claim that to understand it requires an understanding of the political context in which it was created in the summer of 1950. Only five years after the end of ] and the ], the Jews of ] had all suffered an incalculable personal loss of family members, friends, communities, and livelihoods. | ||
| Jewish emigration to Palestine was not only seen as the fulfillment of a religious cultural vision, but as the ''only'' viable option for Jews seeking refuge from anti-Semitic persecution. While other states had denied the mass immigration of Jewish refugees |
Jewish emigration to Palestine was not only seen as the fulfillment of a religious cultural vision, but as the ''only'' viable option for Jews seeking refuge from anti-Semitic persecution. While other states had denied the mass immigration of Jewish refugees, forceful Zionist advocates in Palestine had become symbolic of both a literal interpretation of a ] and a tangible and immediate means for continued survival. | ||
| == The law == | == The law == | ||
Revision as of 00:04, 27 October 2004
The Law of Return is Israeli legislation that allows Jews to settle in the State of Israel and gain citizenship. While the original law was enacted to remove barriers for entry to Jewish refugees and ] around the world, its continued status is controversial with regard toward Israel's Palestinian Arab refugees and their treatment.
Supporters of the Law of Return claim that to understand it requires an understanding of the political context in which it was created in the summer of 1950. Only five years after the end of World War II and the Holocaust, the Jews of Europe had all suffered an incalculable personal loss of family members, friends, communities, and livelihoods.
Jewish emigration to Palestine was not only seen as the fulfillment of a religious cultural vision, but as the only viable option for Jews seeking refuge from anti-Semitic persecution. While other states had denied the mass immigration of Jewish refugees, forceful Zionist advocates in Palestine had become symbolic of both a literal interpretation of a Jewish homeland and a tangible and immediate means for continued survival.
The law
The Law of Return and the Law on Citizenship were enacted by the Knesset, Israel's Parliament in the summer of 1950 (20th Tammuz 5710). These two pieces of legislation contain expressions pertaining to religion, history and nationalism, as well as to democracy, in a combination unique to Israel. They do indeed grant preferential treatment to Jews "returning" to their ancestral homeland.
The purpose of the Law of Return: ... like that of the Zionist Movement, was to provide a solution to the Jewish people's problem - to establish a home for the entire Jewish people in Eretz Yisrael, the Land of Israel. In the Law of Return, the State of Israel put into practice the Zionist Movement's "credo" as pledged in the Declaration of Independence.
The Law of Return was to declare that Israel constituted a home not only for the inhabitants of the State but also for all members of the Jewish people as whoever they may be, those living in countries where they were in distress, as well as in countries of affluence. It was to declare both to the Jewish people and to the world that the State of Israel was in practice opening its gates to the Jews of the world to return to their ancient homeland.
Controversy
Modern critics claim that the Law of Return represents the larger system of institutional apartheid, whereby Jews in Israel are given superior civil and social rights over Arabs. They further claim that the purpose of the Right of Return runs counter to the claims of a democratic state.
Defenders agree that the purpose of the Right of Return is to keep Israel predominantly Jewish, but disagree that the goal of the law is unworthy, and wether the policy is unnecessary. Proponents claim that in a world where Jews have been persecuted, the concept of a maintaining a Jewish state is both legitimate and necessary.
In Israel, the debate has continued to rage over the Law of Return and how to proceed in this regard. Some wish to retain it as it stands, others want to modify it, while yet others point to the contradictions that exist between the preference for Jews and the value of equality, and therefore argue that the time has come to abolish the Law of Return.
Those who wish to see it abolished claim that although the law did indeed contribute to immigration and absorption when Israel was established, it is no longer needed.
Defenders of the Law of Return argue that abolishing it by eliminating the preference accorded to Jews - even if they are citizens of another country - namely, that when they immigrate to Israel they are entitled to receive immediate Israeli citizenship.
Ever since its establishment, Israel has reiterated that it is a "Jewish democratic state." The Law of Return and the Law on Citizenship reflect the tension that exists in Israel between Israel's desire to be a Jewish state, a state of the entire Jewish people, and at the same time its desire to be a democratic state.
Applicability
Controversy also exists over the Law of Return with respect to its wording among those who are favor retaining the law, because of the "Who is a Jew?" issue relating to the law. There are differing approaches to this subject among Israeli and Diaspora Jews, in terms of defining a Jew for the purpose of the Law of Return. There is also a lively debate over the meaning of the terms "Jewish State" and "State of the Jews."
Discussion around the law and its wording constantly reappears on private and public agendas in Israel and the Diaspora. The Knesset has repeatedly debated proposals to amend the Law of Return, and it has indeed been amended a number of times over the years. These modifications reflect the changes that have taken place in Israeli society and the shifts taking place in political dialogue both inside Israel itself, as well as between Israel and the Diaspora. The present law also constitutes an expression of permanent trends, as well as of the Israeli legislative system's ability to adapt itself to changing circumstances.
It is not only the Knesset, however, which has been obliged to address these issues repeatedly, whether directly or indirectly. Over the years, many of Israel's interior ministers have examined the issue of the Law of Return and wavered as to how to apply it. The judiciary has also been called upon to express an opinion on matters relating to the law. This burning and recurrent question in the country's political dialogue not only reveals but also exacerbates differences of opinion between Israelis.
Diaspora
The issue is also the focus of disagreement in dialogue with Diaspora Jewry, where it similarly draws attention to and intensifies differences in outlook. Many are dissatisfied with and wish to change the law's current wording. Others query whether the time has not come to repeal the law in order to minimize differences of opinion, avert new disagreements, and improve the State of Israel's democratic image in both domestic and foreign eyes.
An in-depth grasp of the issues is absolutely essential for Israeli students and Diaspora Jewry alike. Addressing the issues raised by the law is crucial to determining attitudes to this sensitive subject matter which is so fundamental to the nature and attributes of the State of Israel. Addressing the issues raised by the law is indispensable since what is involved constitutes a key theme in the political tension in Israel and the Diaspora.
Consequently, students/participants exploring this issue will be required to address the question of their identity as individuals, as citizens of the State of Israel, and/or as members of the Jewish people. An awareness of the dimensions of the issues is ultimately vital,too, for the young Israeli and young Jew in the Diaspora to be able examine the Zionist Movement's "credo" in the post-Zionist era.
Familiarization with aspects of this issue is, moreover, necessary in the light of the formulation of Israel's Basic Laws - the Basic Law on Human Dignity and Freedom and the Basic Law on Freedom of Occupation - which state explicitly that Israel is a Jewish and democratic country.
See also Aliyah.
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