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Human Rights Organizations Challenge New Amendment to Infiltration Law

16 Monday Dec 2013

Posted by rabbijohnrosove in Ethics, Israel/Zionism, Jewish History, Social Justice, Uncategorized

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Ethics, Israel/Zionism, Jewish History, Social Justice

As readers of my blog here and at the Los Angeles Jewish Journal (http://www.jewishjournal.com/rabbijohnrosovesblog)  know, I have been writing of the travails of the estimated 55,000 Eritrean and Sudanese Refugees who made it to Israel by walking hundreds of miles because they desperately sought safety from the genocidal dictatorships ruling their countries. In last week’s blog I wrote of the Knesset‘s passing a new amendment to the Anti-Infiltration Law that permits incarceration of these political asylum seekers for up to one year in an open incarceration center (i.e. prison) in the south in the middle of nowhere. In this center, there is a roll-call performed three times every day, so these people cannot successfully walk to the nearest Israeli town to buy food or toothpaste or anything in a grocery store and return to the incarceration center in time for roll-call. Should they not show up, they would be deported to their country of origin and most likely suffer death at the hands of their government.

Despite the High Court’s earlier ruling that the original Knesset bill calling for three years incarceration was contrary to Israel’s Basic Laws about freedom, the Knesset modified the law to one year.

I print below this morning’s press release (December 16) from Israel’s “Hotline for Refugees and Migrants” whose leader Sigal Rozen led my congregants and I on a walking tour of the South Tel Aviv neighborhood in which 35,000 Eritreans and Sudanese Refugees are forced to live (this is a 3 or 4 block area around the central bus station).

Israel’s human rights organizations are not taking the most recent Knesset bill without fighting back. As you can see below, they are going back to the High Court of Justice (Israel’s Supreme Court) and appealing the legality of the Knesset bill.

Stay tuned!

Press release
December 16, 2013
 
Human Rights Organizations Challenge New Amendment to Infiltration Law

New law even more unconstitutional than the one overturned by Court in September
 
Yesterday (December 15) several human rights organizations filed a petition with the High Court of Justice seeking the nullification of the new amendment to the Law to Prevent Infiltration. The organizations claim that the new amendment does not abide by the principles set forth by the Court’s September 15 decision to overturn the previous amendment to the law, and is in many ways more severe than the nullified amendment.
 
The petition was submitted by Attorneys Oded Feller and Yonatan Berman of theAssociation for Civil Rights in Israel (ACRI), Attorneys Asaf Weitzan and Nimrod Avigal of the Hotline for Refugees and Migrants (formerly the Hotline for Migrant Workers), Attorneys Anat Ben Dor and Elad Cahana of the Refugee Rights Clinic at Tel Aviv University Faculty of Law, and Attorney Osnat Cohen Lifshitz of theClinic for Migrants’ Right at the Academic Center for Law and Business, on behalf of ASSAF – Aid Organization for Refugees and Asylum Seekers in Israel, Kav Laoved, Physicians for Human Rights, the African Refugee Development Center (ARDC), and two asylum seekers from Eritrea transferred last weekend from Saharonim prison to the Holot “open” facility across the road.
 
The petition strongly criticized the state’s actions following the High Court decision. Rather than seek new humane solutions to the refugee issue as the Court directed, the respondents delayed the releases ordered by the Court as long as possible and rushed through a piece of legislation that undermines the ruling and continues treating the asylum seekers inhumanely. The new amendment’s one-year administrative detention provision ignores the Court’s ruling on the unconstitutionality of imprisoning people who cannot be deported. Perhaps worse, the amendment allows for the interminable detention of non-deportable migrants in facilities managed by the prison authorities and designed to break their spirit until they “voluntarily” self-deport, even if it means endangering their lives.
 
The petition further argues that the ostensible deterrence purpose of the legislation presents a solution to a problem that does not exist because no new asylum seekers are reaching Israel. “Less than three months after the decision, which included harsh criticism, the legislation was passed in lighting speed. What changed during this period? Nothing. Was there a substantial increase of asylum seekers entering Israel that required a response? No. According to Population and Immigration Authority publications, in the past three moths, 4 Sudanese men have entered Israel irregularly.”
 
To support their request for an interim injunction, the petitioners point out that despite the government having decided to build the “open” facility over than three years ago, it saw no use for it until the court’s decision to overturn the prior amendment. “The urgency of the legislation and the completion of the facility demonstrate that its establishment and operation are not the result not of substantive considerations but rather the desire to avoid releasing the detainees, in defiance of the decision of the Court.”
 
For these reasons, the petitioners claim that the new amendment, like the old one, is “outside constitutional boundaries and does not comport to the principles set forth by the High Court of Justice, to the point of ignoring [the prior amendment’s] having been voided at all.”  The petitioners seek an urgent hearing on the petition and an injunction to stay the transfer of asylum seekers to the Holot facility. Justice Handel ordered the respondents to file their response to the injunction request within ten days.
 
To read the entire petition (in Hebrew) click here.
For more information about the previous legal proceedings (in English) click here.
Media enquiries:
Anat Ovadia (Hotline for Refugees and Migrants)
054-3177851
Marc Grey (ACRI)
0544405203

A New Israeli “Anti-Infiltration Law” and Parashat Vayechi

11 Wednesday Dec 2013

Posted by rabbijohnrosove in Ethics, Israel/Zionism, Jewish History, Jewish Identity, Social Justice, Uncategorized

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Ethics, Israel/Zionism

Vayechi is the final parashah in the book of Genesis (47:28-50:26) and it is unusual in a specific way that bears on the State of Israel’s new “Anti-Infiltration Law” aimed at containing 55,000 Eritrean and Sudanese political refugees seeking political asylum in Israel.

What is so unusual about Vayechi that I would make such a connection to contemporary Israel’s dilemma with African refugees?

Every Torah portion’s end is followed by nine open spaces before the first verse of the next parashah begins. But not Vayechi! It is completely closed; that is, it proceeds immediately without interruption by spaces after the last word of last week’s Torah portion Vayigash .

Rashi asks what this might mean, and he concludes that this section is closed “For when Jacob our father died, the eyes and hearts of Israel were closed because of the affliction of the bondage with which the Egyptians began to enslave them.”

Rashi teaches that the enslavement of the people was the beginning of their exile, a condition characterized by spiritual blindness and a hardening of the heart.

Exile takes on many forms – physical, emotional, and spiritual. This means that a Jew can be in exile even if he/she lives in the Land of Israel, in Jerusalem the holy city, in the Old City’s Jewish Quarter, and within meters of the Kotel (the holiest site in Judaism).

Indeed, exile is not just about one’s physical location. It is about being separate from God and distant from the Jewish people’s core spiritual aspirations, from the Jewish people itself, from our people’s prophetic moral and ethical principles, and from humanity as a whole.

The Knesset this last week passed a new version of the “Anti-Infiltration Law,” a law that mandates placing into detention centers asylum seekers who make it to Israel. A version of the policy that allowed for detention periods of up to three years was struck down by the Israeli High Court of Justice three months ago on the grounds that it amounted to an unacceptable deprivation of liberty. This new version allows for the detention without trial for one year and for refugees to be held indefinitely in a new “open facility.”

More than 55,000 refugees had made it to Israel on foot seeking political asylum as relief from Eritrean and Sudanese genocidal campaigns before Israel completed its southern security fence prohibiting further infiltration.

Though Israel has not deported them for what I presume are humanitarian reasons, I do not understand why Israel has passed this new law, why it refuses to grant these people political asylum or, shy of that, to grant them indefinite work permits until repatriation is safe. Eritreans and Sudanese refugees already work where they can in Tel Aviv’s hotels and on construction sites on a per diem basis, but they have no security as illegal aliens in the state, can be arrested and deported, and taxed heavily for whatever income they have earned thus depleting whatever financial security they have gained. It should be noted that the Eritrean and Sudanese crime rate in Israel is six times smaller than crime rates committed by Israeli citizens.

The State of Israel is a great democracy that has made great contributions in science, medicine, agriculture, water conservation, technology, education, archaeology, the arts, culture, immigrant absorption, and disaster relief in Haiti and the Philippines. It has most recently treated 800 Syrian casualties under the world’s radar from the Syrian civil war, to its enormous credit.

But in this area of Eritrean and Sudanese asylum seekers, I do not understand why the Israeli government has chosen to do what it did this week.

Does Israel really wish to be closed like the end of the last parashah, shut off from its own Jewish heart and soul to peoples in desperate need?

Will Benjamin Netanyahu and Machmud Abbas Become Nobel Peace Prize Winners?

08 Sunday Dec 2013

Posted by rabbijohnrosove in Ethics, Israel and Palestine, Israel/Zionism, Jewish History, Social Justice

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Ethics, Israel and Palestine, Israel/Zionism, Jewish History, Social Justice

There is a parallel between Joseph’s life, the life of Nelson Mandela, and that of Bibi Netanyahu and Abu Mazen.

Nelson Mandela began his struggle as a revolutionary advocating violence against the injustice of apartheid. However, he emerged from prison not thirsty for revenge, but as a man of peace, reconciliation and forgiveness. He said, “If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner.”

Joseph too could have acted with vengeance against his brothers when they appeared before him, but he did not do so. Rather, he forgave them and said: “Ani Yosef achichem – I am your brother Joseph…do not be distressed or reproach yourselves because you sold me here; it was to save life that God sent me ahead of you.” (Genesis 45:4-5)

Joseph’s and his brothers’ reconciliation was a turning point in Jewish history, for had he not turned from vengeance, not forgiven his brothers, and not saved his family from famine, the children of Israel would have perished.

A similar challenge confronts the Palestinians and Israelis. Will the two peoples’ representatives acknowledge the wrongs that each has committed against the other, forgive those wrongs and resolve to end this tragic and bloody conflict in a just and secure peace with two states for two peoples, or will they descend into more war, bloodshed and suffering?

Will Prime Minister Netanyahu and President Abbas be like Joseph in Egypt and Nelson Mandela in South Africa, or will they join so many leaders before them who failed to effectively wage peace?

Joseph and Nelson Mandela demonstrate that a few inspired and courageous leaders can change history and be lights unto the nations.

I would love nothing more than for Bibi and Abu Mazen to become the next Nobel Peace Prize Winners, along with Secretary of State John Kerry.

May they do what must be done and then may we celebrate them for having done so.

Eritrean and Sudanese Refugees in Israel Need our Help – Now!!!!

03 Tuesday Dec 2013

Posted by rabbijohnrosove in Ethics, Israel/Zionism, Jewish History, Social Justice

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Ethics, Israel/Zionism, Jewish History, Social Justice

Last month upon returning from Israel where my synagogue group met Eritrean and Sudanese refugees living in squalor in south Tel Aviv, I wrote a blog about their plight and argued why the Israeli government’s efforts in amending the Prevention of Infiltration Law, contrary to the High Court’s ruling to release all detainees within 90 days, so as to incarcerate and/or deport these people was contrary to Israel’s own Basic Laws and not befitting Israel in its role as the last resort of refuge for the Jewish people.

Anat Hoffman, Executive Director of the Reform movement’s Israel Religious Action Center, has called upon all friends of Israel to sign a petition to Prime Minister Netanyahu asking the Israeli government to reverse its draconian intention to deal harshly with these refugees.

Below is Anat’s letter and how you can include your signature on this petition to Prime Minister Netanyahu. The goal is 25,000 signatures. Please sign it and distribute this blog to your friends to follow suit.

Thank you.

For those in Los Angeles, Anat Hoffman will be speaking tonight (Tuesday, December 3, 7:30 PM) at Temple Israel of Hollywood. All are welcome.

Sign our letter to the Prime Minister

Dear Friends of Israel ,

One year ago, I wrote to you about the 53,000 asylum seekers in Israel, the vast majority of which come from Eritrea and Sudan.  Many of these individuals are the survivors of unspeakable horrors at home as well as during their Exodus through the Sinai to Israel.  They have arrived to Israel over the last decade, believing the country to be a haven free from the evils of their home countries and neighboring countries.

Today, I come to you with a question: how can Israel—a country founded by refugees—continue to imprison and deport African asylum seekers who desperately need her protection?  Just over 2 months ago, Israel’s High Court of Justice unanimously ruled that amendments to the Prevention of Infiltration Law, which were being used to hold asylum seekers in detention for 3 years or more, were unconstitutional and contradicted Israel’s Basic Laws.  The High Court demanded that the State release all imprisoned asylum seekers within 90 days, by December 15th, 2013.

Since the High Court’s decision, only a quarter of the asylum seekers in detention have been released.  In defiance of the High Court, the Israeli government instead has begun the legislative process to pass new amendments to the Prevention of Infiltration Law, which will keep the same asylum seekers who the High Court ordered to be released to Sadot, an “open” detention center, where they will be held indefinitely.

Sadot is not an “open” center.  Prisoners there will have to submit to a headcount three times each day, which, because of Sadot’s isolation along the border with Egypt, will ensure that prisoners will not be able to leave the facility.  The Israel Prison Service, which has no prior experience operating an “open” detention center, is slated to run the facility.  Anyone who breaches the conditions of the “open” center risks immediately being transferred to the closed prison for anywhere from three months to a year.

Sadot currently has room for 3,300 prisoners, nearly 2,000 more people than those that are currently detained at Saharonim and Ktziot.  To fill the other available spaces at Sadot, the Israeli authorities have indicated that they plan to actively arrest asylum seekers who currently are living freely in Israeli cities and to force them to relocate to Sadot facility.

Once an asylum seeker is forced into the “open” detention center at Sadot, the only way that he or she can leave the facility is to consent to “voluntary” deportation to his or her country of origin or a third country.  Given that asylum seekers in Sadot will be coerced into making an impossible choice between indefinite imprisonment in Israel and torture and indefinite imprisonment in their home countries, their “consent” to deportation cannot be considered “voluntary.”

Capturing the desperation of asylum seekers in detention, a Darfuri asylum seeker told human rights groups, “I would rather die in my own country than be in prison forever in Israel.  I would do anything to get out of prison.”

These detention policies are contrary to the democratic and moral values of the State of Israel and have one clear aim: to force those who seek help and protection out of Israel.

Speaking on November 24th, 2013, Prime Minister Benjamin Netanyahu could not have made the Israeli government’s intentions any clearer: “We are determined to remove the tens of thousands of infiltrators who are here.”

We are calling on the Israeli government to end these unjust policies.  Israel has long championed refugee rights—we must help Israel reclaim this position, and fight for those fleeing persecution.

Yours,
Anat Hoffman
Executive Director, IRAC

Action Alert: Sign the letter to the PM!

We are asking our supporters to sign this letter to Israel’s Prime Minister, Benjamin Netanyahu, insisting that Israel release asylum seekers from detention and provide them with a legal, moral, and fair path to apply for asylum in safety. Our goal is 25,000 in the next two weeks so please forward it to your friends and family and post it on your Facebook page and Twitter feed.

Anat Hoffman’s Speaking Tour Dates

Tuesday, Dec 3, 19:30  – Temple Israel of Hollywood – Hollywood, CA

The Emotional Reality that Underpins Everything We Feel and Do as Individuals and as a Society

02 Monday Dec 2013

Posted by rabbijohnrosove in American Politics and Life, Art, Ethics, Health and Well-Being, Social Justice, Women's Rights

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American Politics and Life, Art, Ethics, Health and Well-Being

It is true in our interpersonal relationships, as it is true in religion, science, politics, business, education, technology, and the arts – that those who take the greatest risks, who act from love and not fear, who challenge the limits of current thinking and think outside the box, who meld their self-interests with the common good, who act on behalf of justice, compassion and peace, that these are the people who not only evolve and grow as individuals, but effect progress in society and the world as a whole.

I have pondered for years why some people are uncommonly courageous, willing to step outside the mainstream to create something new, to fight for justice and peace, despite the inherent risks.

I ponder as well why other people resist positive change, hold tenaciously to their truths regardless of the evidence that disproves their veracity, are risk adverse, and seek certainty even if it means ignoring innovations that will improve their quality of life and the quality of life of others.

Dr. Brené Brown, a research professor at the University of Houston in the Graduate College of Social Work, has studied such differences in people and come to the conclusion that the determining factor in the way people think and behave is how they cope with vulnerability, for it is vulnerability that underpins our feelings about ourselves, our relationships to others and to the world around us.

At the heart of vulnerability, she says, is the fear of losing connection with others due to a sense of inherent unworthiness. The most frightened among us fear especially the shame that comes with disconnection. These people assume that because they themselves feel unworthy they will be rejected when others discover the truth about them, that they are not smart enough, desirable enough, lovable enough, talented enough, competent enough, promotable enough, or wealthy enough. Whatever the deficiency they feel, they fear being revealed as flawed and vulnerable.

Those who do not fear their vulnerability are what Dr. Brown calls “whole-hearted” because they feel worthy of love and connection, despite their flaws, and so they allow their vulnerabilities to be known and seen and do not worry about rejection. Such people tend to have greater empathy and tenderness, and rather than fear the shame that comes with disconnection, they feel courage in connection. It is that courage born in a sense of self-worthiness that enables them to muster their abilities, insights and talents and take risks, create, innovate, and change.

Those who fear disconnection the most not only become numb to their vulnerabilities, they numb other emotions including empathy, compassion, gratitude, and joy. Disconnected, they feel miserable and seek means to discharge their misery. Is it any wonder, Dr. Brown asks, that this generation of Americans is the most addicted and medicated cohort of any we have seen before in American history?

Those numb to vulnerability tend to crave certainty and black/white answers to life’s most difficult challenges. They regard intolerance as virtue, openness as destabilizing, nuanced thinking as elitist, and creativity as subversion.

To acknowledge vulnerability is to accept our humanity, for none of us is perfect. Recognizing our vulnerability means that we are alive, and being courageous in connection we invest in relationships that may or may not work out. We start something new that may or may not bear fruit. Vulnerability understood this way is hardly negative, it is the birthplace of innovation, creativity and change.

As I have thought about the role that vulnerability plays in the way people, communities and nations respond to creativity, innovation, and change, I believe that Dr. Brown has identified a key emotional reality that we ignore at our own peril.

Secular Israelis are Studying Judaism by the Thousands – Israel Report XII

17 Sunday Nov 2013

Posted by rabbijohnrosove in Ethics, Israel/Zionism, Jewish History, Jewish Identity, Social Justice, Uncategorized, Women's Rights

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Israel/Zionism, Jewish History, Social Justice, Women's Rights

A new kind of Judaism is developing in Israel. Thousands of secular Israelis are turning to the classic sources of Judaism (e.g. Torah, Midrash, Mishnah, Talmud, Codes, Jewish philosophy, ethics, and mysticism) to gain deeper insight, wisdom and knowledge about our people’s essence and roots, and they are learning these texts not from Orthodox rabbis but from secular teachers.

What is emerging is a way of being a modern Israeli Jew that is more than the secular Zionism that emphasized the centrality of the land, the Hebrew language and political sovereignty, and which has nothing to do with the religious Orthodoxy that has alienated the vast majority of Israelis. It is a return, in part, to the Cultural Zionism of Ahad Ha-am that sought to inspire the flourishing of the soul of Judaism and Jewish peoplehood, but with a modern contemporary emphasis.

My synagogue group visited one of the centers of secular Jewish learning called BINA, also known as “The Secular Yeshiva,” located in the Neve Sha’anan district of Tel Aviv. As we entered we saw bookshelves filled with rows of beautifully bound religious books. That, however, is where the similarity with an orthodox yeshiva ends.

Most BINA students don’t believe in God, don’t wear kippot, tallitot, tzitzit, nor keep kosher. Women and men learn together, dress in shorts, jeans, tee-shirts, halter-tops, and sandals, and come from every segment of Israeli society and world Jewish communities.

BINA was founded by scholars from the kibbutz movement in the wake of PM Yitzhak Rabin’s assassination. They pondered how a “religious” yeshiva student could murder the Prime Minister of Israel, and they determined to provide an alternative Jewish environment to attract young Israelis to learn about Judaism, counteract the extremism of the religious right, and close the gap between Israeli Orthodox and non-Orthodox Jews.

BINA volunteers spend many hours weekly helping the poor, children, the elderly, infirm, disabled, foreign workers, and migrants. The center is deliberately located in a depressed area of Tel Aviv so its students can work towards tikun olam (“restoration of the world”) as an integrated component of their learning.

A week before coming to Israel, I attended the annual conference of J Street in Washington, D.C., (J Street is a pro-Israel pro-peace American political movement supporting a two-states for two-peoples end-of-conflict agreement between Israel and the Palestinians) and was fortunate to join a small group of J Street leaders for dinner with Ruth Calderon, a new Yesh Atid MK, who had addressed our conference.

Ruth is an Israeli academic turned politician with a Hebrew University PhD in Talmud. In 1989, she established the first Israeli secular, pluralistic and egalitarian Beit Midrash for women and men. In 1996, she founded ALMA which brings secular Israelis to study Hebrew culture. She became famous when she hosted a television program on Channel 2 that discussed classic Jewish texts.

Ruth’s first appearance in the Knesset (January, 2013) where she introduced herself to her colleagues took Israel by storm. It is considered the most unusual speech ever delivered by a new MK. Her 14 minute address went viral on Youtube with hundreds of thousands of views (http://www.youtube.com/watch?v=S8nNpTf7tNo).

In that talk Ruth told her story, how she fell in love with Talmud, and that it is impossible to know one’s future without knowing one’s roots. She spoke about the importance in Jewish tradition of open and honest debate, of nurturing the values of inclusivity, diversity and tolerance in Israeli life, and that the state of Israel ought to provide equally of its resources to all religious streams and educational endeavors; not just the Orthodox and ultra-Orthodox communities.

Ruth’s party, Yesh Atid, is committed to the principle of shivyon ba-netel (“sharing the burden”), that all citizens of the state have an obligation to serve in the military, work for a living, pay taxes, and that the here-to-for privileged status of the ultra-Orthodox has to end in order for both Judaism and democracy to flourish in the State of Israel.

In addition to BINA and ALMA, the Israeli Reform movement (i.e. “Israel Movement for Progressive Judaism – IMPJ”) has grown in recent years attracting thousands of Israelis from secular backgrounds to practice liberal religious Judaism.

The IMPJ includes nearly 50 synagogue centers throughout the country, with adult learning led by Israeli Reform rabbis and scholars, a system of schools and a youth movement, summer camps, pre-army mechinot, kibbutzim, and social justice projects addressing poverty, hunger, immigration, foreign workers, women’s rights, homosexual rights, racism, the environment, and religious pluralism.

According to recent polls 34% of Israelis now identify with the Reform movement, whereas only 23% identify as Orthodox.

BINA, Ruth Calderon and ALMA, the Israeli Reform Movement (IMPJ and IRAC), and other grass-roots efforts are transforming Israeli Jewish identity thus bringing hope for an enriched, open, pluralistic, and democratic Jewish State.

East Jerusalem Jewish Settlement and “National Parks” Make a Two-State Solution Impossible – Israel Report XI

13 Wednesday Nov 2013

Posted by rabbijohnrosove in Ethics, Israel and Palestine, Israel/Zionism, Jewish History, Social Justice, Uncategorized

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My synagogue group stood on a hill near the Mount Scopus Campus of the Hebrew University looking east towards the Dead Sea. To the far right, about 7 km away, stood the Jewish settlement-city of Ma’ale Adumim (population, 40,000 Jews). To the north and adjacent to it was the last open area in the circular ring around Jerusalem called E-1 (about 12 square km – 4.6 square miles) that falls between Jerusalem and Jericho.

Beneath us down the hill and towards the two East Jerusalem Palestinian neighborhoods of Isawiyya and A-Tur is another open area that Jewish settler organizations are working to declare “Mount Scopus Slopes National Park.”

Whenever the Israeli government has designated an area as a National Park, there is usually some archeological, historical or nature significance to it. This area, however, has no significance in any of these ways.

Jerusalem expert Daniel Seidemann explained that the primary goal in designating this area a national park is

“…to link between the inner encirclement of the Old City and its visual basin, as designated by the governmental Old City Basin Project, and the outer encirclement in Greater Jerusalem, as disclosed by the E-1 plan between Ma’ale Adumim and East Jerusalem. The new national park will be a bridge, creating [and] forging a geographical link between the Old City basin and E-1.”

Daniel Seidemann is the founder of “Terrestrial Jerusalem,” an Israeli non-governmental organization that works to identify and track the developments in Jerusalem that could impact either the political process or permanent status options, destabilize the city or spark violence, or create humanitarian crises. His organization says that

“Israel has already expropriated more than 35% of the privately owned land of East Jerusalem for the purpose of building settlement neighborhoods (in excess of 50,000 residential units for Israelis). Now, additional lands owned by the residents of Issawiya and A Tur will be, to all intents, expropriated by Israel. While declaring the site a national park does not nullify the owners’ property rights, it inevitably deprives them of the ability to exercise these rights in any meaningful way by denying them the ability to develop or sell their land. The declaration of the park will, in effect empty ownership of virtually all practical significance.”

The larger goal of the settlement groups and the Israeli right-wing is to effectively surround the city of Jerusalem with Jewish settlements and national parks and cut off direct access to the east that would allow contiguity for a future state of Palestine, thus making the achievement of two-states for two-peoples impossible.

The following short video (7 minutes) features Israeli experts in Jerusalem who show exactly how this will occur http://www.youtube.com/watch?v=6tuGALhavoc.

Polls indicate that the majority of Israelis accept that the city of Jerusalem will have to be shared as the capital for both Israel and Palestine. The Palestinians have stated consistently that there can be no agreement without their capital in Jerusalem. The challenge, of course, will be security, which is what negotiations are for.

Given that the sharing of Jerusalem is among the most important and central issues on the negotiating table, anything that deliberately changes Jerusalem’s status-quo until an agreement can be achieved is ill-advised. Those Israelis, aided and abetted by the settler movement and Israel’s right wing, that insist that Jerusalem cannot and should not be shared are doing everything possible to create facts on the ground that will condemn negotiations to failure and assure continuing violence and war.

See a map of the area: http://www.t-j.org.il/Portals/26/featured_maps_2011/TJ_ScopusPark_B.jpg

East Jerusalem and Sheikh Jarrah – A Study in Bad Policy and Injustice – Israel Report X

11 Monday Nov 2013

Posted by rabbijohnrosove in Ethics, Israel and Palestine, Israel/Zionism, Jewish History, Social Justice, Uncategorized

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Ethics, Israel and Palestine, Israel/Zionism, Jewish History, Social Justice

In 1968, then Attorney General Meir Shamgar (who would become President of Israel’s High Court from 1983-1995), determined that the “Absentee Property Law” may not be used in East Jerusalem. All Israeli governments complied, until now.

The “Absentee Property Law,” passed during the fledgling years of Israel (1950), allows the state to seize and assume ownership of lands abandoned by Palestinians after November 29, 1947 who left to live in Arab states, the West Bank or Gaza. In their absence their forfeited property could be taken over by the Absentee Property Custodian and title could be transferred to the State of Israel.

To accommodate East Jerusalem Palestinians after the 1967 War, the Knesset passed a law (1970) excluding them from exposure to the Absentee Property Law. [Note: East Jerusalem Arabs are not “citizens” of the state of Israel, though they are entitled to vote in municipal elections.]

Ir Amim (lit. “City of Peoples/Nations”) is an Israeli non-profit and non-partisan organization that has monitored East Jerusalem neighborhoods since 2004. Its mission is “to … engage in those issues impacting on Israeli-Palestinian relations in Jerusalem and on the political future of the city.” Among its chief concerns is the status of East Jerusalem Palestinian land.

My synagogue group toured one of East Jerusalem’s neighborhoods, Sheikh Jarrah, which is wedged between formerly Jordanian held-East Jerusalem and Israeli-held West Jerusalem (1948 to 1967) on the slopes of Mount Scopus very near to the American Colony Hotel and Old City.

After the 1948 war, Jews fled the neighborhood while many Arabs remained. In 1957, the Jordanian government moved 28 Palestinian families to houses in Sheikh Jarrah who had fled their homes in West Jerusalem during the 1948 War.

Founded in 1865, Sheikh Jarrah was once home to Jerusalem’s Muslim elite. At the turn of the 20th century, 30 large homes housed 167 Muslim families (about 1250 people), 97 Jewish families, and six Christian families.

In 1972, the Sephardic Community Committee and the Knesset Yisrael Committee went to court to justify Jewish claims of property ownership in Sheikh Jarrah using documents from the days of the Ottoman Empire. Based on a supportive Israeli court ruling, Palestinian Arab residents could remain as tenants as long as they paid rent to the Jewish community.

The Palestinians, however, also produced Ottoman Empire documents showing their ownership. Though the Absentee Property Law superseded Palestinian claims, there were no efforts to evict them from their homes based on Shamgar’s 1968 decision.

Beginning in 2008, Palestinians began receiving eviction notices initiated by Jewish settler groups. In August 2009, an Israeli court evicted two Palestinian families from two homes in Sheikh Jarrah, followed almost immediately by Jewish settler families moving in.

In applying the Absentee Property Law, Palestinians have no rights, no redress, no appeals, and receive no compensation. In contrast, relative to the same contested land, Jews have certain legal rights based on their Israeli citizenship.

In Sheikh Jarrah we met with Sara Beninga, a 30 year-old Israeli Jewish activist, and Salach Diab, a Palestinian resident, who told us the story of this small neighborhood. Sara has been the inspiration of the “Sheikh Jarrah Solidarity Movement” (now called simply “Solidarity”) formed in 2010. She is a bright, principled and passionate Israeli who believes that gross injustice is being done to the Palestinian Arabs living in this neighborhood.

From 2010-2012 every Friday afternoon, hundreds of Israelis and Palestinians gathered on the main street of Sheikh Jarrah to protest the government’s unfair policies and the Jewish settler land grab.

As we arrived, Sara pointed out settlers returning to the house they occupy yards from Salah’s house, and Salah showed us photographs of settler violence against him and his neighbors.

Daniel Seidemann, a founder of Ir Amim and an attorney who has advocated on behalf of the Arab residents of East Jerusalem neighborhoods for the past nine years, explains the nature and importance of this property conflict:

“After 45 years, you now have 2300 Jewish settlers [living] in existing Palestinian neighborhoods of East Jerusalem, [and while] that’s negligible numerically, symbolically it’s nuclear fusion, because you take the two radioactive subjects of the [Israeli-Palestinian] conflict, which are Jerusalem and refugees, and you fuse them…By insisting on a Jewish right of return to Sheikh Jarrah, Israel is opening the 1948 file and strengthening the Palestinian claim of a right of return to Israel.” (Reported by Sarah Wildman, visiting scholar at the International Reporting Project at Johns Hopkins University).

Jewish settlers are clear about their larger goal; to prevent, through the establishment of facts on the ground in East Jerusalem and throughout the West Bank, an Israeli-Palestinian peace agreement resulting in two states for two peoples with Jerusalem as the shared capital of each state.

I will continue this discussion of East Jerusalem neighborhoods and Israeli land policy in my next blog.

WOW & Anat Hoffman – The Ultra-Orthodox & Rabbi Ovadia Yosef – Israel Journal Part VIII

03 Sunday Nov 2013

Posted by rabbijohnrosove in Ethics, Israel/Zionism, Jewish History, Jewish Identity, Social Justice, Uncategorized, Women's Rights

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Israel/Zionism, Jewish History, Social Justice, Women's Rights

On Tuesday, October 8, Israel’s daily Haaretz featured a photograph (front page above the fold, right-hand column) of Anat Hoffman, the Chair and public “face” of Women of the Wall (WOW). Adjacent to her photo (also above the fold, left-hand column) was a photograph of Rabbi Ovadia Yosef, the 93 year-old spiritual leader of the Shas Party, who had died the night before.

The article accompanying Anat’s photograph reported that by a majority vote, the Board of Women of the Wall accepted a “compromise” proposal presented by Natan Sharansky, Chair of the Jewish Agency, that would grant equal rights to women’s prayer groups and egalitarian prayer services at the Western Wall (Kotel) at a third section to be located south of the traditional prayer area and under Robinson’s Arch, now a limited space and part of an archaeological park.

The Chief Rabbi of the Wall, Rabbi Shmuel Rabinowitz, agreed to the compromise and that he would have no authority over prayer in the new area.

Our synagogue group had attended WOW’s monthly Rosh Hodesh Cheshvan services on Friday morning, October 4, in which thousands of ultra-Orthodox had crowded into the prayer areas at the Kotel.

The last time I attended WOW Rosh Hodesh services was three years ago. Then, I witnessed a display of behavior by so-called “religious” Jews that was as ugly and undignified as anything I had seen anywhere in Jewish life. Ultra-Orthodox men screamed curses, filthy epithets and insults at the women of WOW as they prayed quietly at the back of the women’s section, and ultra-Orthodox women spit on them.

This October’s experience was not much better. Loud-speakers blasted prayers making it difficult to hear oneself think, and a group of religious settlers danced and screamed their prayers on the men’s side of the mechitzah just feet from the WOW women. The purpose of the loud-speakers, allegedly, was to offer prayers of healing for the very ill Rabbi Yosef, but effectively they drowned out WOW prayers (and everyone else too) thus fulfilling the “religious” prohibition against kol isha, the voice of women praying.

The women’s section was packed with hundreds of young ultra-Orthodox girls and women, a strategy the ultra-Orthodox had used in the past at the behest of Rabbi Rabinowitz to make it virtually impossible for WOW to find space in which to pray.

The juxtaposition of the photographs of Anat Hoffman and Rabbi Ovadia Yosef in Haaretz was, of course, coincidental, unless you believe that “coincidences are God’s way of staying anonymous!” Regardless, that morning’s headlines visualized the culture war engulfing Israel.

My synagogue group had an appointment with Anat at 10 AM that day, but she was late because as soon as WOW made its decision, she was deluged with calls from the international press seeking comment. Under the circumstances we forgave her happily.

The WOW Board voted by a large majority in favor of the compromise; however, there are WOW members living in the United States and Canada who were angered by this decision because  they wanted prayer rights in the women’s section of the Kotel and not the “new“ area.

After voicing their criticism openly, Anat responded that the compromise, assuming all conditions are met, is the first time the government of the state of Israel recognized equal rights of women to pray openly at the Kotel, to be led in prayer by women, to wear tallitot and lay t’filin, and to chant aloud from the Torah. She said:

“This space is revolutionary. It will allow every Jew, man and woman, to pray, celebrate and hold religious ceremonies at the Western Wall. However, know that we are resolved: We will pray there only if it is built in this spirit and according to our conditions.”

There are sixteen conditions that WOW insists must be met for the compromise to go forward. (For details see “Women of the Wall issue list of demands for prayer space” – UPI.com – October 28, 2013 http://www.upi.com/Top_News/World-News/2013/10/28/Women-of-the-Wall-issue-list-of-demands-for-prayer-space/UPI-31671382962197/?spt=rln&or=1

This Monday, November 4th (Rosh Hodesh Kislev), marks the 25th Anniversary of Women of the Wall. The compromise agreement is a tipping-point victory not just for WOW, but for world Jewry.

PM Netanyahu, Jewish Agency Chair Sharansky and the Israeli government are to be congratulated for affirming the dignity and integrity of the Kotel, Judaism’s most sacred site, the rights of world Jewry at that site, and for affirming the principles of religious pluralism and equal rights for all Jews, as so stated in Israel’s Declaration of Independence.

On Tuesday, December 3rd (7:30 PM) Anat Hoffman will speak at Temple Israel of Hollywood (7300 Hollywood Blvd., LA 90046).  The community is invited at no charge. We ask that you RSVP to www.tioh.org/rsvp so we may plan appropriately.

Eritrean and Sudanese Asylum Seekers in Tel Aviv – Israel Journal Part VI

29 Tuesday Oct 2013

Posted by rabbijohnrosove in Ethics, Israel/Zionism, Jewish History, Jewish Identity, Social Justice, Uncategorized, Women's Rights

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Ethics, Israel/Zionism, Social Justice, Women's Rights

Walking in a three square block area of south Tel Aviv earlier this month with Sigal Rozen, the Public Policy Coordinator for Israel’s “Hotline for Migrant Workers,” was like moving through an urban African slum. This is the neighborhood, run-down, dirty and vastly over-crowded that has been designated by the Israeli government for 35,000 mostly African migrant workers and political asylum seekers to live.

Three years ago thousands of Eritrean and Sudanese refugees began entering Israel illegally from the Sinai desert seeking political asylum. Alarmed by the large numbers and concerned that Israel could be overwhelmed by hundreds of thousands more refugees, the Israeli government began constructing a security fence along the southern border to stop the human flow. As a gauge of the dimension of the migration, in 2012, 285,142 Eritreans and 112,283 Sudanese sought asylum all around the world, and for good reason.

For years the Sudanese government has conducted a genocidal war against the people of Darfur as well as widespread human rights abuse including sexual violence against women, torture, drafting and arming children for the military.

Eritrea, a small African nation adjacent to Ethiopia, is among the world’s most egregious human rights offenders, and Eritrea’s President, Isaias Afewerki, is among the world’s most brutal dictators.

The UN reports that the Eritrean government pursues systemic and widespread human rights abuse including extrajudicial killings, shoot-to-kill orders of those attempting to leave the country, enforced disappearances of citizens without family notification, arbitrary detentions, physical and psychological torture by police and army interrogators, inhumane detention conditions, sexual violence against women and children, drafting children into the armed forces, compulsory and indefinite military service, no free speech, assembly, religion, or movement.

Sigal Rozen told us that there are currently 54,201 African asylum seekers in Israel, among which are 36,067 Eritreans and more than 15,000 Sudanese. However, no one has been granted asylum by the state of Israel despite the fact that 84% of Eritrean asylum seekers around the world are recognized as refugees. In fact, since signing the Refugee Convention in 1951, for unexplained reasons, Israel has recognized only 202 refugees in total for political asylum.

Israel claims that the Eritreans and Sudanese in Israel are “work infiltrators” who come solely to improve their quality of life, and that there is no basis upon which to grant them political asylum.

The presence of so many Africans in Tel Aviv today has provoked a strong negative public outcry by many Israelis. In response the Knesset passed an amendment to the Anti-Infiltration Law to allow the incarceration of asylum seekers for up to three years. However, on September 16 the High Court of Justice unanimously invalidated the amendment as unconstitutional because it compromised Israel’s Basic Law regarding human freedom and liberty. The Court instructed the government to examine all cases of Africans currently incarcerated (i.e. 1750 people) within 90 days.

To Israel’s credit, the government has not deported any of these refugees, most likely because Israel’s leaders understand the fatal consequences should these people be returned to their home countries.

The Israeli public’s ire against African migrants has grown and was heightened this year following two highly publicized criminal acts by Eritreans in south Tel Aviv. One case involved the alleged rape of an 83 year-old Tel Aviv woman in her home. A second was the near fatal encounter of a young Israeli husband and father who was dragged out of his car at a stop light and beaten by five Eritreans as his wife and children watched in horror. As bad as these incidents are, Sigal Rozen says that the actual crime rate among African migrants is six times lower than the crime rate among Israelis.

These refugees want badly to go home, but they fear for their lives. In Israel they quietly do whatever work comes their way in order to survive. They live crammed together in dilapidated apartments, many to a room sleeping on the floor and on boarded-up balconies. Refugee children do attend school, as required by Israeli law, and have done well, passing Israeli High School matriculating exams at high rates.

Sigal urges Israeli employers in agriculture, construction and the nursing sectors to employ these people and help relieve their hardships, and she urges the government to grant them extended work permits so they can remain in Israel legally until they feel safe enough to return home.

Judaism teaches, “You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt.” (Exodus 22:20).

One would hope that the Jewish people and the state of Israel will treat these refugees with kindness and open hearts. As a people we have been where they are today. We know the heart of the stranger.

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