TLV Diary Special: "AYN LI ERETZ ACHERET"

I have no other country

Late Tuesday night I returned from the second major demonstration held in Tel Aviv. The first was a demonstration in the morning by the community of high-tech workers. The second protest took place that night, as the final act of a day that saw 107 separate demonstrations and acts of civil disobedience in different parts of the country — in what termed “a day of national disruption.” Waves of protestors took to the streets in response to the Knesset’s passage of the first reading of legislation (it must pass three readings to become law) that would eliminate the ability of the judicial branch to invoke “a lack of reasonability” as cause to block any government act. The coalition passed this initial reading without reaching any agreement with the opposition, along with the promise that this is just the first step in its overall “Judicial reform” plan, (which a solid majority of the country is certain will neuter the Judiciary.) Last night was the fourth time in the past week alone that I joined my fellow Israelis to protest on the streets of Tel Aviv

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Last Saturday night marked the 27th week in which hundreds of thousands of Israelis, filled the street in protest against the current government's proposed Judicial overhaul. These weekly protests have become inter-generational events, bridging the gap between veterans of the Six-Day War and the Yom Kippur War, and the younger generation who lead Israel's burgeoning high-tech sector. These sweeping demonstrations are also inter-sectorial, )not right-wing vs. left-wing) and includes representation from almost all parts of the society.

Mobilizing people to demonstrate week-after-week — often including mass gatherings in the middle of the week — is not an easy feat. What drives organizers and participants alike is a deep-seated fear that the current government, accurately characterized by President Biden as the most right-wing (or perhaps more aptly, the most religiously zealous) government in Israel's history, is likely to steer the country towards unanticipated dark paths. That path includes the possible establishment of theocratic government that will attempt to maintain perpetual rule over the Palestinians on the West Bank. Moreover, many Israelis (especially those out protesting) passionately decry that fact that we have no other Jewish state, and that history has shown there is nowhere else to go unconditionally, so it’s imperative we protect this country’s democracy.

To an extent, Israel's democracy has always been somewhat fragile. Some may attribute this to our first Prime Minister, David Ben-Gurion. Amidst a multi-front war, dire poverty, and the challenge of integrating hundreds of thousands of immigrants, David Ben-Gurion hesitated to let the first Knesset draft a constitution. Whether David Ben-Gurion was right or wrong, his decision created a governmental system lacking robust checks and balances, with no separation of powers between the legislative and executive branches. Furthermore, Israeli voters do not select their representatives directly; they vote for a party list, generally determined by the party leadership. The only limit to unrestricted government actions has been the court system, an authority seldom but effectively used.

This present government, elected by a mere plurality, on the promise of providing better personal security, working to decrease the exorbitant cost-of-living, and brokering a possible normalization of relations with Saudi Arabia, has spent the last six months obsessively working to weaken the court system. Israelis have observed similar erosions of independent judiciaries in Poland, Hungary, and Turkey. Thus, hundreds of thousands have joined to protest — many of whom had never previously participated in political activism. The slogan often heard in these demonstrations is, “You've picked a fight with the wrong generation.”

In another surprising development, some of Israel's high-tech billionaires have decided to invest in the country's future, supporting the protest movement with both time and funding. This has occurred after years in which members of tech community stayed out of politics and public affairs, concentrating on their next startup or their next breakthrough instead.

The government blundered six months ago when it announced what many call the first stages of Judicial reform. The measures included a Knesset override clause over any judicial judgement, coalition control over judicial appointments, and continued efforts to eliminate the courts' ability to override any government decision based on a lack of “reasonability.” As a result of the massive, methodical and constant pressure from the wide array of protest movements, the proposed Judicial reform was temporarily shelved but has resurfaced. Revival of the Judicial reform proposals is causing acute alarm, as it now appears they intend to gradually implement all of their proposed alterations, one small change at a time.

Demonstrators, along with political opposition, understand that eliminating reasonability as a  start of the coalition’s intended Judicial overhaul will dangerously empower an unchecked executive branch given our political system in which there is no separation between the legislate and executive of Israel’s unicameral parliament. On Sunday, the weekly cabinet meeting was largely devoted to discussion of how to control the anti-Judicial reform demonstrations, a clear indication that fears of the potential harm this government might do to democratic principles is well founded.

As we continue to protest and make our voices heard, it's uncertain whether we will be able to sway the government. Prime Minister Netanyahu, with a fragile coalition which is reliant on the extremist and his ongoing corruption trial, seems bound to this controversial proposed Judicial overhaul—despite its detrimental impact on the economy (foreign investment has sharply declined) and its destructive impact on national unity. Our hope is that at the last moment Netanyahu will prioritize the country's interests above his narrow coalition needs … If not, the very future of democracy in the country we love may be in grave danger.