Jonathan Kuttab’s constitutional proposals
… it is possible, especially during this period when Jews are still the majority in power in Israel, to begin to envision the type of guarantees they may require in the future. Other countries have wrestled with this problem, and while each situation is different, the problem is by no means unprecedented.
Zionism will ultimately need to redefine its goals and aspirations, this time without ignoring or seeking to dispossess the indigenous Palestinian population. Palestinians will also have to deal with this reality, and accept — even enthusiastically endorse — the elements required to make Jews truly feel at peace in the single new state that will be the home of both people.
Strong, institutionalized mechanisms will be needed to prevent the “tyranny of 51%.” A bicameral legislature, for example, should be installed, in which the lower house is elected by proportional representation but the upper house has a composition that safeguards both peoples equally, regardless of their numbers in the population. A rotating presidency may be preferable to designating certain positions for each minority (as in Lebanon). And constitutional provisions that safeguard the rights of minorities should be enshrined in a constitution that can only be amended or altered by both houses of parliament with a large (80%) majority.
Both Hebrew and Arabic will be designated as official languages, and governmental offices will be closed for Jewish, Muslim and Christian holidays. New laws will be enacted that strengthen the secular civil courts in personal status matters, while leaving some leeway for all religious communities to have a say in lawmaking, including Reform and Conservative Jews who currently chafe under the Orthodox monopoly over Jewish personal status matters in Israel.
Educational systems that honour and cater to the different communities will give each a measure of control over the education of its children within a national system that maintains professional standards for all publicly-funded schools. Strong constitutional provisions will be enacted to prohibit discrimination in all spheres of life, while independent courts will be enabled to enforce such provisions.
Many on both sides, Israeli and Palestinian, will reject this line of thinking, and in all cases, it is clear that a lot of goodwill and much careful thinking is necessary. But as the options keep narrowing for all participants, we need to start thinking of how we can live together, rather than insist on dying apart.
Jonathan Kuttab is a Palestinian attorney and human rights activist. He is a co-founder of Al Haq and the Mandela Institute for Political Prisoners. (Article first published 20 Dec 09, LA Times)
