An analysis of the different stages through which the legislation has passed, together with the different interpretations, provides a good grasp of how truly complex the issue is.
We suggest the following assignments to bring the activity together:
Option A
Formulate a draft policy on migration for Israel.
Or Option B
Formulate a position paper on the issue of the Law of Return.
Details
A. Draft migration policy for Israel
Formulate a draft immigration policy for Israel, which is practical, humanitarian, and selective, and fits in with the State of Israel's "credo" [mission statement]. Argue the case for your proposal.
While hammering out your proposals, discuss the details and implications in your groups. Consider at least the following aspects, giving reasons:
- In a democratic system, does the state have the authority to legislate on the "Who is a Jew?" question?
Should the individual be left to define his or her own identity?
- Is legislation an invasion of the area of Halacha?
- Does legislation represent a threat to religious autonomy ?
- Does it represent a forbidden and undesirable incursion into the debate between legitimate religious denominations or streams and a preference of one stream over the others?
- Does according preference damage the unity of the Jewish people and /or Israel's democratic character?
- Can it be argued that there is no further need for positive discrimination and / or affirmative action on behalf of a persecuted Jewish minority, because we are no longer dealing with a persecuted minority?
- Is there a case for proposing criteria for immigration similar to those in other countries - on the basis of the benefit that the State will derive from the migrant (so that Israel will not suffer from the burden of dealing with migrants with difficulties) rather than the current situation, where those who wish to immigrate and become citizens need to prove a historic-cultural connection with the country?
- Is there a case for an immigration policy which is both practical, humanitarian, and of course selective - under which no automatic, across-the-board preference would be granted to Jews entering the country and acquiring citizenship - but where Jewishness would naturally remain a significant criterion?
Note:
Those concluding that they wish to support the continued existence of the Law of Return in a democratic country should also discuss the demand to recognize the Right of Return (for Palestinians) as well.
- After exploring and debating the issues, submit your suggestions to the network.
- Compare your suggestions to/with those of others on the network.
- How would you explain the different approaches? React over the network.
- Start a discussion group on several of the controversial aspects.
- Submit your reactions to the others' suggestions!
- Did you change your positions after examining and debating the issues? On what? Why? What did or did not influence you?
- Put your new suggestions about immigration policy out over the Net.
- Explain your arguments and the points you considered in detail as convincingly as possible.
- In order to assess the implications of your proposals, write up a "case" and submit it to the Net - and ask for reactions. What did the reactions show? Submit your analysis to the Net.
B. A position paper on the issue of the Law of Return.
In order to formulate a position paper, first return to your conclusions in the earlier activity. After reviewing your conclusions, also consider the points in the guidlines below. [You are not obliged to consider all of the points - and you are welcome to think of different aspects which you would like to explore.]
- The position paper can take any number of forms:
a written position paper,
a speech to the Knesset plenary intended to convince members to vote for your viewpoint,
a letter,
a newspaper article,
a sticker,
a poster,
a film,
a computer presentation...
Guidelines:
- Should the Law of Return be retained in its current wording? - give reasons.
- Should the Law of Return be amended? - suggest the changes - give reasons.
- Should the Law of Return be repealed? - give reasons.
- Whom would you make responsible for legislating on the "Who is a Jew?" question? - give reasons.
- To whom would you grant the authority for enforcement? - give reasons.
- To whom would you grant the powers of appeal and review? - give reasons.
- Which rights derived from the existence of the Law of Return would you authorize? Why?
- What would be your response to those who argue that the Law of Return impinges upon equality - and consequently the democratic nature of the State of Israel?
- What would be your response to those who insist on maintaining the clear-cut and express preferences granted to Jews upon entering Israel and acquiring Israeli citizenship but want to eliminate the rights derived from the Law of Return?
- Others....
Procedure:
- After exploring and debating the issues, submit your suggestions to the network.
- Study and consider the suggestions from others on the network.
- Organize discussions on the controversial issues.
- Draw up your revised position, including explanations, and submit it to the Net.
- In order to examine the implications of your position, create a "case" and / or consider and comment on personal stories. Put them on the Net for reactions.
- If necessary, return to polish your position paper.