Adalah Proposes the “Democratic Constitution” for Israel as a

Yesterday, 28 February 2007, Adalah: The Legal Center for Arab Minority Rights in Israel launched a proposed new constitution for Israel offering a comprehensive bill of rights for a democratic, bilingual and multi-cultural state. This is the first time that an Arab group has proposed a complete constitution for Israel. “The Democratic Constitution” is modeled on constitutions adopted by different democratic countries, and international human rights conventions and universal principles of human rights contained in United Nations declarations. It calls for an equal and democratic state that guarantees rights and freedoms for all residents and citizens of the state.

The document contains 63 articles, which set forth provisions on citizenship, official languages, educational and cultural institutions to promote multiculturalism, model mechanisms for the participation of the Arab minority in decision-making in the Knesset, as well as rights and freedoms to which all residents and citizens are entitled including equality and anti-discrimination, distributive and restorative justice, particularly concerning land and property, social and economic rights, and rights in court and criminal justice. Some of these provisions address historical and current discrimination against Arab citizens by the state.

“We decided to propose a democratic constitution, which respects the freedoms of the individual and the rights of all groups in equal measure. It gives the proper weight to the historical injustices committed against Arab citizens of Israel, and deals seriously with the social and economic rights of all,” stated Prof. Marwan Dwairy, Chairperson of the Board of Directors.

The introduction to the Democratic Constitution declares that the Palestinian Arab citizens of Israel, who have lived in their homeland for generations, remain an inseparable part of the Palestinian people and an active contributor to human history and culture as part of the Arab and Islamic nations. The introduction insists that Israel must acknowledge its responsibility for the injustices perpetrated by the state, and recognize the Palestinian people's right of return and right to self-determination. The introduction also calls for an Israeli withdrawal from all the territories occupied in 1967.

While Jewish Israeli groups have previously put forward proposals for a constitution, Prof. Dwairy emphasizes that they have failed to conform to democratic principles: “The other proposals treat Arab citizens as if they were strangers in this land, where history, memory and collective rights exist only for the Jewish people.” Prof. Dwairy also stresses that the Democratic Constitution underscores an enormous equality gap and hopes it will be incorporated into laws and any future constitution: “If it creates an objective public debate about the nature of rights and freedoms in the country, then we will have taken an important step forward concerning the issues of racial equality, freedoms and social justice.”

The Constitution's release marks the tenth anniversary of Adalah.

 The Democratic Constitution