fbpx

Analysis

BICOM Briefing: Major reforms pass through the Knesset

[ssba]

Key Points

  • Between 11 and 13 March 2014, the Israeli government reached a crucial point in its legislative agenda, passing controversial reforms with major implications for Israeli society.
  • The governance law has raised the Israeli electoral threshold to prevent parties with less than four seats entering the Knesset.
  • The law on conscription means that by 2017 all but 1,700 full time yeshiva students will be required to participate in military or national service by the age of 21.
  • The referendum law strengthens existing legislation requiring a referendum before Israel can withdraw from territory it considers sovereign, including East Jerusalem and the Golan Heights, but not the West Bank.

Overview

  • This week the Israeli government reached a crucial point in its legislative agenda, passing reforms with major implications for Israeli society.
  • There was no consensus amongst coalition partners for all three bills, so the government treated them as one legislative package, to ensure their passage through the Knesset.
  • The opposition parties objected saying that this move limited debate, and in an unprecedented step, boycotted the Knesset debates and votes, and set up an alternative opposition plenary.

The governance law

  • What it is: The governance law has raised the Israeli electoral threshold (percentage of votes required for a party to enter the Knesset) from two per cent to 3.25 per cent, equivalent to around four Knesset seats. It limits ministerial appointments to 18 ministers and deputy ministers, unless over 70 MKs vote otherwise. It also limits no-confidence votes to one a month, and requires such motions to present an alternative prime minister and cabinet.
  • What its proponents say: Its supporters say the bill will increase the stability of government coalitions and government performance, by reducing the factionalism of the Knesset, reducing the time spent on no confidence motions, and preventing pointless ministerial appointments.  Many oppose the excessive influence which smaller parties have historically played on the formation of governments.
  • What its opponents say: The opposition have claimed that this legislation is undemocratic and is designed to deliberately limit the participation of smaller factions. Opposition to the bill is particularly strong amongst Arab parties, who claim they are being targeted, since it may force Arab parties with disparate ideological positions to run as a single block. However, smaller right wing factions are also concerned about whether they would make it over the new election threshold.

The law to draft ultra-Orthodox students into the military

  • What it is: By 2017 all but 1,700 full time yeshiva students will be required to participate in military or national service by the age of 21. Unlike other Israeli-Jews, most ultra-Orthodox Jews exempt themselves from conscription through enrolment in Yeshivas (religious seminaries). Legal sanctions will be available to prosecute those who do not comply.
  • What its proponents claim: This is one of Yair Lapid’s Yesh Atid Party’s central policies. They claim it rights a longstanding wrong, where secular and non-Orthodox Israelis are seen to subsidise the Orthodox community, who refuse to perform national or military services whilst receiving government subsidies to study at Yeshivas. The Israeli courts ruled that the previous legislation, which facilitated ultra-Orthodox exemptions, was discriminatory, requiring the government to change the law.
  • What its opponents claim: The ultra-Orthodox parties treat this legislation as an attack on their way of life, and are resistant to any attempt to compel its young men to serve in the IDF, as opposed to engage in Torah study. Some argue that this legislation takes a confrontational approach to integrating the ultra-Orthodox community into Israeli society for political purposes, rather than attempting to gradually reform the situation through dialogue. Other opponents claim that the bill has been watered down and does not go far enough in its attempt to establish an equal responsibility to serve.

Legislation on withdrawal from sovereign territory to be approved in a referendum

  • What is it: Existing legislation requires that withdraw from any territory considered under Israeli law to be sovereign (including East Jerusalem and the Golan Heights, but not the West Bank) be put to a referendum. The change enshrines that as a basic law, meaning it would require a majority of all MKs, i.e. 61 votes, to overturn.
  • What its proponents claim: Proponents, principally Jewish Home Leader Naftali Bennett, argue that the Israeli public must be given a say about Israeli territorial concessions, especially given the domestic political controversy they are likely to cause.
  • What its opponents claim: Opponents argue that this is a delaying tactic, designed to make it harder for governments to take tough decisions about future peace settlements. They also point out that there is no precedent for such a referendum in Israel, which would harm the sovereignty of the Knesset.