CEC Petition: Disqualify Otzma Yehudit for Incitement to Racism and Undermining Democracy

>> Read the petition (Hebrew)

Zulat for Equality and Human Rights, together with former Defense Minister and IDF Chief of Staff Moshe (Bogie) Ya’alon, former Public Security Minister Omer Bar-Lev, Prof. Frances Raday, former Minister Yael German, and diplomat Yoram Ben-Ze’ev, filed a petition with the Central Elections Committee (CEC) seeking to disqualify the candidacies of Itamar Ben-Gvir, Tali Gottlieb, Limor Son Har-Melech, and Hanamel Dorfman, and to bar the Otzma Yehudit party from participating in the elections for the 26th Knesset.

The petition, filed by Adv. Gilad Barnea, is based on Section 7A of Basic Law: The Knesset, which is intended to limit participation in elections of a candidate or party whose objectives or actions negate Israel’s existence as a Jewish and democratic state or include incitement to racism. According to the petitioners, the cumulative body of evidence regarding the respondents points to a systematic and sustained pattern, rather than isolated or exceptional statements.

With respect to Ben-Gvir, Har-Melech, Dorfman, and Otzma Yehudit, the petition alleges that they continue the ideological path of the Kach movement and promote a worldview based on discrimination between Jews and Arabs, exclusion of Arab citizens, and harm to the principles of equality and human dignity. These views go beyond mere rhetoric, and are translated into political activity, legislative proposals, and the exercise of governmental power.

As for Gottlieb, the petition focuses on the harm to the fundamental principles of a democratic regime. Gottlieb does not merely criticize the judicial system, but consistently expresses the position that court rulings are not necessarily binding on the government, that the authority of the Supreme Court sitting as the High Court of Justice should be curtailed, and that the political majority should not be subject to effective constitutional constraints. This conception undermines the rule of law, the separation of powers, and the independence of the judiciary.

At the heart of the petition is a fundamental principle of democracy, whereby a self-preserving democracy is not required to confer the power of its institutions on those who seek to use them to undermine equality, the rule of law, and the foundations of the democratic regime. Section 7A was designed precisely for exceptional situations where participation in the democratic arena becomes a vehicle for advancing racist or anti-democratic objectives.

Accordingly, Zulat and the other petitioners ask the CEC to exercise its authority to disqualify the candidates and determine that the Otzma Yehudit party is barred from participating in the elections for the 26th Knesset.

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Dr. Maha Sabbah Karkabi

 

Senior Lecturer in the Department of Sociology and Anthropology, Ben-Gurion University of the Negev. She holds a Ph.D. in Sociology from Tel Aviv University (2015), a postdoctoral fellowship at the Center for Gender Studies, SOAS, University of London (2015-2016), a postdoctoral fellowship in the Department of Sociology at Tel Aviv University (2016-2017), and a postdoctoral fellowship Ph.D. at the Humphrey Institute for Social Research, Ben-Gurion University of the Negev (2018-2020).
Dr. Maha Karbahi’s areas of interest focus on the connection between social change, family behavior, and gender inequality in societies in the process of change and specifically in Palestinian Arab society in Israel. Her research draws attention to the study of family life and employment, using a combined “ethnic lens” and “gender lens” and paying attention to the perspective of Palestinian Arab women, a group characterized by intersections between multiple marginal locations, which over the years has remained hidden from the research eye. Dr. Karkabi-Sabah’s research is published in professional journals and chapters in scientific books that are considered pioneers in family research, work, and gender equality.

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Prof. Frances Raday

Professor Emeritus in the Lieberman Chair in Labor Law, in the Faculty of Law at the Hebrew University and serves as a full professor in the College of Management’s academic track, where she also serves as chair of the graduate program and as honorary president of the Concord Center for International Law Absorption. Radai was a member of a working group of the UN Human Rights Council on discrimination against women. In addition, she is a prominent and feminist human rights activist.

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Dr. Rawia Aburabia 

Faculty member of Sapir Academic College’s School of Law, received her PhD from the Hebrew University of Jerusalem. Her research deals with the interface between law, gender, minorities, and human rights. Has published in leading journals on the subject of the matrimonial laws pertaining to Muslim women in Israel. Her book Under the Law, Outside Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law is expected to be published as part of the Gender Series of Kibbutz Meuhad Publishing House.

Dr. Aburabia has extensive experience in international human rights and public law. She has worked as a jurist for the Association for Civil Right and has been invited as a specialist to address such international forums as the United Nations and the European Parliament on the subject of indigenous communities and minority rights. She has interned with Human Rights Watch in Washington DC, and has been a member of the executive board of Amnesty International. In 2018, she was selected by the magazine Globes as one of the 40 most promising young persons in Israel under the age of 40.

 

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Ron Kessler

With over two decades of experience in the field of digital content, Ron has participated in numerous political and social campaigns. He helped run the digital activity of senior public officials, and worked in various NGOs. Ron is a fundamentally optimistic man, who believes that Israel can be changed and so can people. Lives in Tel Aviv.