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One democratic State in Palestine/Israel

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  • ummyakoub
    Please join our association for ONE state! Here is an appeal by the promonent Palestinian lawyer calling to move From Dhimma regime to One democratic State in
    Message 1 of 1 , Jun 6, 2003
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      Please join our association for ONE state!
      Here is an appeal by the promonent Palestinian lawyer calling to move

      From Dhimma regime to One democratic State in Palestine/Israel

      Sami Aldeeb, doctor of laws
      St-Sulpice, Switzerland
      E-mail: aldeeb@...
      --------------------------------------------------------------------
      The International Community views the two-states solution as the only
      possible one to the conflict between the Palestinians and the
      Israelis. The main argument of the Israelis is that their state must
      be with a clear Jewish majority. This was in fact the reason for the
      expulsion of the non-Jews after the creation of the state of Israel.
      With a majority of Muslims, Jews will be again under the regime of
      dhimma which is in force since the seventh century in the Muslim
      countries. This regime means a discriminatory status for non-Muslims.



      One has here to notice that the Islamic dhimma regime is now
      practiced by Jews against non-Jews in Israel itself. On the other
      hand, the land on which Israel has been established never belonged
      only to Jews, at any time in history. Furthermore, nobody can in a
      convincible way argue that the Russian Sharon, the Polish Peres or
      the Moroccan David Levi have the right to come in Palestine, but not
      the Palestinian refugees who live few kilometres far from their own
      lands and villages. Some may say that Israel has integrated many Jews
      from Arab countries, contrary to the Arab countries which maintained
      the Palestinian refugees in miserable camps instead of integrating
      them. The problem with this argument is that the Palestinians
      never accepted to be exchanged by Jews, and they never denied the
      right of the Jews from the Arab country to return to their country of
      origin. We have also to notice that in the occupied territories by
      Israel, there are now 27 refugee camps, and Israel did nothing to
      integrate them.



      The following arguments can be presented in favour of one-state-
      solution.



      First, there is the sentimental one: both Jews and Palestinians
      consider all Palestine/Israel as their own homeland. To divide the
      country means do deprive the Jews and the Palestinians from a part of
      their beloved land. Both will feel frustrated. If we maintain the
      country united, each one would be able to live and to travel wherever
      he likes, without borders. He will have the feeling that all the
      country is his own country. Today, Palestinians seem to accept the
      two-states solution, but they considered such a solution as temporary
      one, and in any way they never accepted to give up the right of
      return of the Palestinian refugees.



      The second argument is the economic interdependence: Israelis has
      always recourse to the Palestinian workers since 1967. When they
      tried to punish the Palestinians by refusing them the right to work
      in Israel, they were obliged to search for workers from Asia and
      Eastern European countries. Even today, Sharon uses Palestinian
      workers to build his wall. On the other side, Palestinians have few
      economic possibilities in the overcrowded West-Bank and Gaza,
      particularly after the destruction of the economic structure by
      Israel, the confiscation of large part of their lands and uprooting of
      thousands of their fruit trees. Miserable situation has always been a
      fertile ground for extremism. You cannot sleep in peace when your
      neighbour is crying from hunger, especially when you are sleeping in
      his own land and home.



      The third argument is the mixture of the population. Inside Israel
      itself, there are about 20% of Arabs. In the other side, there are
      the Jewish settlements in the West Bank and Gaza. There are also
      inside Israel a huge number of new non-Jewish immigrants who came
      from ex-Soviet union. In no way Israel can consider itself a Jewish
      state. Soon or later, Jews will become a minority in
      Palestine/Israel. And if we have to give to every minority in
      the region the right to establish its own state where it can be a
      majority, then we have to give this right also to the Arabs and the
      Druze inside Israel, as well as to the Samaritans and to the
      Christians. It means that we will have in the end not two states, but
      five or six states in a small land. Unless these states practice
      ethnic or religious cleansing inside their borders, they will have to
      deal with discriminated minorities. This is an unavoidable result of
      any religious state. It is clearly proved by the draft of the
      Palestinian constitution which affirms that Islam is the official
      religion of the state. This means that non-Muslims will be considered
      second class citizens.



      These reasons, among many others, push in favour of one-state
      solution. To avoid that a majority of Muslims return to the Islamic
      dhimma regime and discriminate non-Muslims, it is important that the
      state rejects the discrimination based on religion. A solution in
      which different communities coexist with their own laws and
      jurisdictions as in Lebanon or in Jordan is not acceptable because it
      is necessarily discriminatory whenever there is a minority and a
      majority. Such a solution will degenerate in frictions and
      internal conflicts. On the other side, the state must reject the
      discrimination against women. The gender discrimination in the
      Islamic and Jewish legal system is part of the religious norms.
      Maintaining religious laws and courts will perpetuate such
      discrimination.



      Although the idea of one-state-solution has been presented by
      different groups, and recently developed by Colonel Kadhafi in his
      white book (http://www.algathafi.org/medialeast/index.html),
      the "Association for one democratic state in Palestine / Israel",
      recently created in Switzerland, is probably the first group to
      formulate a clear legal frame tackling the religious problem of the
      minority-majority relation. The following principles are considered
      by the Association as essential for the creation of one state in
      Palestine/Israel:



      1) The Palestinian refugees have the right to return and to be
      compensated according to UN resolutions. An equitable solution must
      be found for those living on the lands and in the homes of the
      Palestinian refugees and for those living in the settlements created
      after 1967. All political prisoners and prisoners of war must be
      liberated. Reconciliation commissions must be created to heal and
      compensate the victims of both sides. A national fund must be created
      for this purpose. Citizens of the new State are entitled to live
      anywhere within its borders and are entitled to settle on their own
      property. Citizenship and immigration must be regulated by a law
      respecting the principle of non-discrimination.

      2) The State must have a unified, democratically elected
      parliament and government. Political parties must respect the
      principle of non-discrimination in their programmes and membership.
      The State must have a unified army and a unified police force. The
      citizens shall decide upon a unified, democratic constitution
      respecting the principle of non-discrimination, on the name of the
      country, on its national anthem and on its flag.

      3) The judicial and legal systems must be unified and based on
      the principle of separation of religion from the State. This implies
      the abolition of all the religious courts and laws, particularly in
      the field of family law, and the creation of civil courts, the
      adoption of one family law respecting the principle of non-
      discrimination, the creation of a civil register and the instauration
      of mandatory civil marriage with the possibility of subsequently
      holding a religious ceremony.

      4) The State must respect the right to life and physical
      integrity. The death penalty and torture must be abolished. No
      infringement of physical integrity can be allowed except for
      compelling medical reasons and with the consent of the person
      concerned or of his or her representative. The State must also
      respect the right to freedom of religion, including the right to
      change one's religion.

      5) The State must provide an education system integrating all of
      its citizens. This implies the creation of unified State schools and
      high schools and programmes respecting the principle of non-
      discrimination, with the possibility of establishing private schools,
      provided that they respect the principle of non-discrimination.
      Arabic and Hebrew are to be the official national languages.
      Principles for the peaceful solution of conflicts must be applied.

      6) The State must create a social and economic system based on
      the equality of rights, integrating all of its citizens and
      respecting the principle of non-discrimination.

      7) The State must take integrating measures to encourage
      reconciliation between the different communities. Such measures
      include the creation of unified cemeteries where any person can be
      buried, with the possibility of private religious ceremonies, and the
      opening of the present religious cemeteries to any person whatever
      his/her religion in conformity with the principle of non-
      discrimination.



      Officially created in April 15, 2003 by Jews, Christians, Muslims and
      others, the Association for one democratic state in Palestine/Israel
      has now 130 members living inside and outside Palestine/Israel. Every
      day, new members adhere to the Association. Any person who accepts
      the bylaws, without reservation, can become a member. The bylaws of
      the Association in different languages as will as an invitation to
      join can be found in:

      http://www.lpj.org/Nonviolence/Sami/OneState/Association.html

      ----------------------------------------------------------------------
      COMMENTS BY WVNS EDITOR AND ISRAEL SHAMIR

      Shamir,

      I have a lot of reservations about "democracy for Israel" when it's
      stated so clearly that the Christians are asking the Jews to help
      them prevent the establishment of Islamic rule, which would be the
      inevitable outcome, they feel, of majority will. And what gives
      people in Switzerland the right to decide that Palestine/Israel is
      not allowed to have death penalty or that they must have a secular
      state even if the majority wants a theocracy? Perhaps Secularism
      could be regarded as its own religious fundamentalism and Secularists
      could have their ownprotected minority status.

      What if Palestinians wanted democracy within a framework of Islam?
      Like you could have lots of political parties with different opinions
      but they all have to base their position on religion. That way
      instead of special interests running the show, the political debates
      would have as their main focus "what would God have us do in this
      situation?" And then they could debate about that.

      Minorities living under Islamic rule will have to learn how to
      negotiate successfully using religious language but that is not
      necessarily the same thing as being oppressed. Because the stronger
      the enforcement of Islamic Law the more power a Dhimmi can exert if
      he complained to a judge about any harm that came to him from a
      Muslim. This is because the Islamic constitution views the State as a
      protector of Dhimmis and God Himself curses any Muslim that harms a
      non-Muslim lor his property. In an old story, a judge ruled in the
      favor of a Jew over Ali the cousin of the Prophet, in a dispute over
      a shield that Ali had lost and the Jew took ownership of it. The
      concept of ownership being 9/10 of the law comes from Islamic law, as
      with many cherished democratic ideals.

      On the other hand it's very easy to agree that we would all feel more
      comfortable in a secular democracy than in a theocracy since that is
      what we are used to. You never know who is going to claim to be in
      charge of the laws. On the other hand you will never get rid of the
      World Bank without a straightforward Islamic prohibition of usury
      across the board.

      SO out of the Protocols of Zion! Beware of an opposition to Israel
      that is calling for freedom and democracy - so very easy to
      manipulate by the world powers. The Protocols state clearly that the
      Zionists will plant false democracy movements that will be led by
      their freemasonic stooges in order to prevent the establishment of a
      religious order where people are willing to die rather than submit to
      Zionism and they willingly follow their religious laws. That is what
      Zionists fear most. So that is why that One State solution, while
      better than the 2 state solution, still creeps me out.

      There are actually Islamic prophecies saying that the Christians and
      Muslims will defeat the Jews together, but afterwards the Christians
      will try to take credit for the victory and there will be a second
      war between the Christians and the Muslims over Jerusalem. If we
      understand Christians as westerners wanting a European-style,
      civilized Palestine/Israel it seems to be in the cards. Palestinians
      might well resent the World Community imposing secular democracy on
      them after doing nothing to help them all these years.

      But wait, I think it's not so simple because in the Muslim world
      there is not much Salam whereas in the secular peace movement there
      is a blossoming of something very much in tune with the original
      blueprint of what humankind was made to be, which is Islam in its
      primordial definition. There needs to be an intensive love and share
      festival which I believe has already started so that the Muslims can
      relieve the non-Muslims of their fears while the non-Muslims can
      teach the Muslims how to apply, in practice, the verses of their own
      Book.

      Maria


      Dear Maria, I always agree with you. I objected to any reference to
      'non-religious' nature of state, and I am anything but 'non-
      religious'. I have no objection to Muslim state like Malaysia or
      Christian state, like Dear Maria, I always agree with you. I objected
      to any reference to 'non-religious' nature of state, and I am
      anything but 'non-religious'. I have no objection to Muslim state
      like Malaysia or Christian state, like Portugal of old. Maybe we
      shall all come to it yet!

      ISh

      *********************************************************************

      NEWS AND VIEWS DISTRIBUTED HERE ARE THE AUTHOR'S RESPONSIBILITY
      AND DO NOT NECESSARILY REFLECT THE OPINION OF WORLD VIEW NEWS SERVICE

      To subscribe to this group, send an email to:
      vwns-subscribe@yahoogroups.com

      NEWS ARCHIVE IS OPEN TO PUBLIC VIEW
      http://groups.yahoo.com/group/vwns/

      Yahoo ads are not under WVNS control.



      Please join our association for ONE state!
      Here is an appeal by the promonent Palestinian lawyer calling to move

      From Dhimma regime to One democratic State in Palestine/Israel

      Sami Aldeeb, doctor of laws
      St-Sulpice, Switzerland
      E-mail: aldeeb@...

      Private web: http://go.to/samipage

      ----------------------------------------------------------------------
      --------------------------
      The International Community views the two-states solution as the only
      possible one to the conflict between the Palestinians and the
      Israelis. The
      main argument of the Israelis is that their state must be with a clear
      Jewish majority. This was in fact the reason for the expulsion of the
      non-Jews after the creation of the state of Israel. With a majority of
      Muslims, Jews will be again under the regime of dhimma which is in
      force
      since the seventh century in the Muslim countries. This regime means a
      discriminatory status for non-Muslims.



      One has here to notice that the Islamic dhimma regime is now
      practiced by
      Jews against non-Jews in Israel itself. On the other hand, the land
      on which
      Israel has been established never belonged only to Jews, at any time
      in
      history. Furthermore, nobody can in a convincible way argue that the
      Russian Sharon, the Polish Peres or the Moroccan David Levi have the
      right
      to come in Palestine, but not the Palestinian refugees who live few
      kilometres far from their own lands and villages. Some may say that
      Israel
      has integrated many Jews from Arab countries, contrary to the Arab
      countries
      which maintained the Palestinian refugees in miserable camps instead
      of
      integrating them. The problem with this argument is that the
      Palestinians
      never accepted to be exchanged by Jews, and they never denied the
      right of
      the Jews from the Arab country to return to their country of origin.
      We have
      also to notice that in the occupied territories by Israel, there are
      now 27
      refugee camps, and Israel did nothing to integrate them.



      The following arguments can be presented in favour of one-state-
      solution.



      First, there is the sentimental one: both Jews and Palestinians
      consider all
      Palestine/Israel as their own homeland. To divide the country means do
      deprive the Jews and the Palestinians from a part of their beloved
      land.
      Both will feel frustrated. If we maintain the country united, each
      one would
      be able to live and to travel wherever he likes, without borders. He
      will
      have the feeling that all the country is his own country. Today,
      Palestinians seem to accept the two-states solution, but they
      considered
      such a solution as temporary one, and in any way they never accepted
      to give
      up the right of return of the Palestinian refugees.



      The second argument is the economic interdependence: Israelis has
      always
      recourse to the Palestinian workers since 1967. When they tried to
      punish
      the Palestinians by refusing them the right to work in Israel, they
      were
      obliged to search for workers from Asia and Eastern European
      countries. Even
      today, Sharon uses Palestinian workers to build his wall. On the
      other side,
      Palestinians have few economic possibilities in the overcrowded West-
      Bank
      and Gaza, particularly after the destruction of the economic
      structure by
      Israel, the confiscation of large part of their lands and uprooting of
      thousands of their fruit trees. Miserable situation has always been a
      fertile ground for extremism. You cannot sleep in peace when your
      neighbour
      is crying from hunger, especially when you are sleeping in his own
      land and
      home.



      The third argument is the mixture of the population. Inside Israel
      itself,
      there are about 20% of Arabs. In the other side, there are the Jewish
      settlements in the West Bank and Gaza. There are also inside Israel a
      huge
      number of new non-Jewish immigrants who came from ex-Soviet union. In
      no way
      Israel can consider itself a Jewish state. Soon or later, Jews will
      become a
      minority in Palestine/Israel. And if we have to give to every
      minority in
      the region the right to establish its own state where it can be a
      majority,
      then we have to give this right also to the Arabs and the Druze inside
      Israel, as well as to the Samaritans and to the Christians. It means
      that we
      will have in the end not two states, but five or six states in a
      small land.
      Unless these states practice ethnic or religious cleansing inside
      their
      borders, they will have to deal with discriminated minorities. This
      is an
      unavoidable result of any religious state. It is clearly proved by
      the draft
      of the Palestinian constitution which affirms that Islam is the
      official
      religion of the state. This means that non-Muslims will be considered
      second
      class citizens.



      These reasons, among many others, push in favour of one-state
      solution. To
      avoid that a majority of Muslims return to the Islamic dhimma regime
      and
      discriminate non-Muslims, it is important that the state rejects the
      discrimination based on religion. A solution in which different
      communities
      coexist with their own laws and jurisdictions as in Lebanon or in
      Jordan is
      not acceptable because it is necessarily discriminatory whenever
      there is a
      minority and a majority. Such a solution will degenerate in frictions
      and
      internal conflicts. On the other side, the state must reject the
      discrimination against women. The gender discrimination in the
      Islamic and
      Jewish legal system is part of the religious norms. Maintaining
      religious
      laws and courts will perpetuate such discrimination.



      Although the idea of one-state-solution has been presented by
      different
      groups, and recently developed by Colonel Kadhafi in his white book
      (http://www.algathafi.org/medialeast/index.html), the "Association
      for one
      democratic state in Palestine / Israel", recently created in
      Switzerland,
      is probably the first group to formulate a clear legal frame tackling
      the
      religious problem of the minority-majority relation. The following
      principles are considered by the Association as essential for the
      creation
      of one state in Palestine/Israel:



      1) The Palestinian refugees have the right to return and to be
      compensated according to UN resolutions. An equitable solution must
      be found
      for those living on the lands and in the homes of the Palestinian
      refugees
      and for those living in the settlements created after 1967. All
      political
      prisoners and prisoners of war must be liberated. Reconciliation
      commissions
      must be created to heal and compensate the victims of both sides. A
      national
      fund must be created for this purpose. Citizens of the new State are
      entitled to live anywhere within its borders and are entitled to
      settle on
      their own property. Citizenship and immigration must be regulated by
      a law
      respecting the principle of non-discrimination.

      2) The State must have a unified, democratically elected
      parliament and
      government. Political parties must respect the principle of
      non-discrimination in their programmes and membership. The State must
      have a
      unified army and a unified police force. The citizens shall decide
      upon a
      unified, democratic constitution respecting the principle of
      non-discrimination, on the name of the country, on its national
      anthem and
      on its flag.

      3) The judicial and legal systems must be unified and based on
      the
      principle of separation of religion from the State. This implies the
      abolition of all the religious courts and laws, particularly in the
      field of
      family law, and the creation of civil courts, the adoption of one
      family law
      respecting the principle of non-discrimination, the creation of a
      civil
      register and the instauration of mandatory civil marriage with the
      possibility of subsequently holding a religious ceremony.

      4) The State must respect the right to life and physical
      integrity. The
      death penalty and torture must be abolished. No infringement of
      physical
      integrity can be allowed except for compelling medical reasons and
      with the
      consent of the person concerned or of his or her representative. The
      State
      must also respect the right to freedom of religion, including the
      right to
      change one's religion.

      5) The State must provide an education system integrating all of
      its
      citizens. This implies the creation of unified State schools and high
      schools and programmes respecting the principle of non-
      discrimination, with
      the possibility of establishing private schools, provided that they
      respect
      the principle of non-discrimination. Arabic and Hebrew are to be the
      official national languages. Principles for the peaceful solution of
      conflicts must be applied.

      6) The State must create a social and economic system based on
      the
      equality of rights, integrating all of its citizens and respecting the
      principle of non-discrimination.

      7) The State must take integrating measures to encourage
      reconciliation
      between the different communities. Such measures include the creation
      of
      unified cemeteries where any person can be buried, with the
      possibility of
      private religious ceremonies, and the opening of the present religious
      cemeteries to any person whatever his/her religion in conformity with
      the
      principle of non-discrimination.



      Officially created in April 15, 2003 by Jews, Christians, Muslims and
      others, the Association for one democratic state in Palestine/Israel
      has now
      130 members living inside and outside Palestine/Israel. Every day, new
      members adhere to the Association. Any person who accepts the bylaws,
      without reservation, can become a member. The bylaws of the
      Association in
      different languages as will as an invitation to join can be found in:

      http://www.lpj.org/Nonviolence/Sami/OneState/Association.html

      ----------------------------------------------------------------------
      ------------------------------------
      COMMENTS BY WVNS EDITOR AND ISRAEL SHAMIR


      Shamir

      I have a lot of reservations about "democracy for Israel" when it's
      stated
      so clearly that the Christians are asking the Jews to help them
      prevent

      the
      establishment of Islamic rule, which would be the inevitable
      outcome, they
      feel, of majority will. And what gives people in Switzerland the
      right to
      decide that Palestine/Israel is not allowed to have death penalty or
      that
      they must have a secular state even if the majority wants a
      theocracy?
      Perhaps Secularism could be regarded as its own religious
      fundamentalism

      and
      Secularists could have their ownprotected minority status.

      What if Palestinians wanted democracy within a framework of Islam?
      Like

      you
      could have lots of political parties with different opinions but
      they all
      have to base their position on religion. That way instead of special
      interests running the show, the political debates would have as their
      main
      focus "what would God have us do in this situation?" And then they
      could
      debate about that.

      Minorities living under Islamic rule will have to learn how to
      negotiate
      successfully using religious language but that is not necessarily the
      same
      thing as being oppressed. Because the stronger the enforcement of
      Islamic
      Law the more power a Dhimmi can exert if he complained to a judge
      about

      any
      harm that came to him from a Muslim. This is because the Islamic
      constitution views the State as a protector of Dhimmis and God
      Himself
      curses any Muslim that harms a non-Muslim lor his property. In an old

      story,
      a judge ruled in the favor of a Jew over Ali the cousin of the
      Prophet, in

      a
      dispute over a shield that Ali had lost and the Jew took
      ownership of it.
      The concept of ownership being 9/10 of the law comes from Islamic
      law, as
      with many cherished democratic ideals.

      On the other hand it's very easy to agree that we would all feel more
      comfortable in a secular democracy than in a theocracy since that is
      what

      we
      are used to. You never know who is going to claim to be in charge
      of the
      laws. On the other hand you will never get rid of the World Bank
      without a
      straightforward Islamic prohibition of usury across the board.

      SO out of the Protocols of Zion! Beware of an opposition to Israel
      that is
      calling for freedom and democracy - so very easy to manipulate by the

      world
      powers. The Protocols state clearly that the Zionists will plant
      false
      democracy movements that will be led by their freemasonic stooges in
      order
      to prevent the establishment of a religious order where people are
      willing
      to die rather than submit to Zionism and they willingly follow their
      religious laws. That is what Zionists fear most. So that is why that
      One
      State solution, while better than the 2 state solution, still creeps
      me

      out.

      There are actually Islamic prophecies saying that the Christians and

      Muslims
      will defeat the Jews together, but afterwards the Christians will
      try to
      take credit for the victory and there will be a second war between
      the
      Christians and the Muslims over Jerusalem. If we understand
      Christians as
      westerners wanting a European-style, civilized Palestine/Israel it
      seems

      to
      be in the cards. Palestinians might well resent the World
      Community

      imposing
      secular democracy on them after doing nothing to help them all
      these

      years.

      But wait, I think it's not so simple because in the Muslim world
      there is
      not much Salam whereas in the secular peace movement there is a
      blossoming
      of something very much in tune with the original blueprint of what

      humankind
      was made to be, which is Islam in its primordial definition.
      There needs

      to
      be an intensive love and share festival which I believe has
      already

      started
      so that the Muslims can relieve the non-Muslims of their fears
      while the
      non-Muslims can teach the Muslims how to apply, in practice, the
      verses of
      their own Book.

      Maria
      --------------------------------------------------

      Dear Maria, I always agree with you. I objected to any reference to
      'non-religious' nature of state, and I am anything but 'non-
      religious'. I
      have no objection to Muslim state like Malaysia or Christian state,
      like
      Dear Maria, I always agree with you. I objected to any reference to
      'non-religious' nature of state, and I am anything but 'non-
      religious'. I
      have no objection to Muslim state like Malaysia or Christian state,
      like
      Portugal of old. Maybe we shall all come to it yet!

      Ish

      *********************************************************************

      NEWS AND VIEWS DISTRIBUTED HERE ARE THE AUTHOR'S RESPONSIBILITY
      AND DO NOT NECESSARILY REFLECT THE OPINION OF WORLD VIEW NEWS SERVICE

      To subscribe to this group, send an email to:
      vwns-subscribe@yahoogroups.com

      NEWS ARCHIVE IS OPEN TO PUBLIC VIEW
      http://groups.yahoo.com/group/vwns/

      Yahoo ads are not under WVNS control.
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