Saturday, October 27, 2012

My plan at Best Plans


Federation
of Israel-Palestine
تحالف فلسطين-إسرائيل
ברית ישראל-פלסטין

The Federation of Israel-Palestine Plan published and presented at The Best Plans project, in 2011.



The 3-4-2 in 1 Federation of Israel-Palestine 

Three states for two peoples in one land




Our conflict is unique
Never in history a people claimed to return from Exile - where it lived as a stranger in autonomous communities, ruled everywhere in the world by the same rabbinic laws - to its historical land after 2000 years, while an other people claims the land as its one, because he is the native, the indigenous people born from this same land!
A unique conflict needs a unique solution: a special kind of federation

Three principles
Our conflict will be solved if we follow these three principles:
- recognition by each side of the other as an independent people, a nation which as a right of self-determination in the same Land.
- recognition by each people of the historical right of return of the other people
- recognition of one – and only one - common Sovereign on the undivided Land: the rule of Law and universal Justice


I. The model proposed

Concrete political realization
How do we achieve a concrete political realization of those principles?

We need two states because we are two peoples, we are two nations, and we don't want to loose our independence and our identity, we don't want to merge into one nation.
Jewish identity, in particular, limits absorption of others and resists to assimilation to others. This his connected to its long survival in exile as a minority among host peoples.

But we need one state because we have one only land. We can't be separated:
-          because we are geographically so mixed with each other
-          because we can't have two sovereignties and two national armies face to face in this small country

That is why we have reached the conclusion that the only solution left is nor separating nor merging, but entering a unique kind of Federal Alliance


This unique conflict needs a unique solution, with a unique structure:
The formula is: not a One State, not a Two State Solution, but a combination of both, a Three States for Two Peoples in One Land Solution. What does it mean? The three states are two states in one, two non-territorial nation-states federated in one supranational federation, which is sovereign on the Land, from River to Sea.

The specific logic for this federation is simple: if you want to have two independent nations in the same federal framework, the federation has to be supranational; if you want to eliminate the demographic problem without territorial partition, and without the risk of a future secession, you need to separate national identity from territory. This is achieved by having national laws applying only on individual citizens or communities, and not on the territory. So the national identity will be formed by Law, not by Land.
This non-territorial character of the national states will help preventing any future nationalist fight for the Land.

One supranational federation
The federal state is defined as supranational. What does it means? It means that it is sovereign and arching over several nations. It means that the territory belongs to the Federation, not to the nation-states.
Europe is a kind of supranational confederation; USSR was a supranational federation of national republics.
Why the federal state should be supranational? To prevent the two federated national states being forced to become one nation.
The federal constitution will protect the independence of each people; a just sharing of natural resources between both constituent people and the full respect of the Human Rights by the different Authorities, mutual right of Return, a joint defense of outer borders by the federal army, etc...

Abrahamic traditions
The EU and USSR have not really succeeded to become or maintain a supranational federation. How could we succeed?
Because of our common abrahamic traditions. Our federal model is a secular translation of the common Abrahamic beliefs of Judaism and Islam: the real sovereign is the Sovereign of the World, to him only the Land belongs – He gives it to who pleases Him.
The EU and USSR have not succeeded because that in their Christian cultural background those concepts were spiritualized in pure religion, while Judaism and Islam have kept alive their political meaning.

Federal institutions of government

The federal state includes a federal joint government and parliament. They are elected by all the federal citizens in order for them to be committed to the general interest of the federation.
Each nation has a right of veto. An upper chamber of lords arbitrate in case of stalemate.
Small ethnic groups or communities not affiliated with the two main Nations could send a few delegates to the Federal Parliament in order for their voice to be heard.
Ministers and deputy ministers, the Prime Minister and the President, could rotate every two years in order to allow a fair representation of Israelis and Palestinians.
Will fall under the responsibility of the federal government all domains managed as a whole, like: foreign policy, defense, environment, general means of communication, energy and information networks.
Foreign policy should have to be neutral, and both national states shall be forbidden to enter foreign alliances.

Two non-territorial national states
The two national states are non-territorial. What does it means? It means that the states of Israel and Palestine rule on their own citizens personally, not on the territory.
Every citizen enjoy personal autonomy; so one may live wherever he wants, and yet vote for his own national parliament
Why the national states should be non-territorial?
-          to allow freedom of movement and residency
-          to prevent any future risk of territorial conflict or partition
The national parliaments, governments and institutions of both people rule on their national citizens in autonomous regional districts.

National institutions of government

They include: two national parliaments, two national governments.

Regional and local councils

Each national state shall be largely decentralized, itself a federation of communities and districts which enjoy broad juridical, judicial and administrative autonomy, according to principles of communal democracy and democratic self-government.

No more demographic problem:
In a unitary state, there is a demographical problem because peoples are forced to fuse into only one nation. But here are living two nations, and we have to solve this problem.
The federal parliament, government and institutions will be paritary, 50%-50% Jewish/Arab, whatever the demography, so the demographic problem will have disappeared.

Citizenship
Each inhabitant will have a double citizenship, a national one - Palestinian or Israeli - and a federal one, common to all, like in the European model: his own national citizenship which guarantees his national identity, and a common federal citizenship which guarantees equality and on the basis of the universal principles of Law and Justice.
Every federal citizen shall swear loyalty to the constitutional State, which means that he recognizes the other people's national independence.
Mixed couples could choose to which Nation-State they want to be attached. There could be a possibility to have federal citizenship alone, to be a kind of world citizen before time.

Right of Return

The Right of Return of Palestinian refugees and the Israeli Law of Return are implemented by the respective national governments in the administrative districts under their jurisdiction. They are a fundamental part of the Constitution and shall be both fully respected.
The national governments and communal administrations absorbing their nationals and members shall apply their own selection criteria, free of any federal control, and shall be responsible for their proper integration in the regional districts under their responsibility.
Once granted national citizenship, the immigrant shall receive its federal citizenship after a ceremonial swearing of allegiance to the Covenant.

Compensations for lost of property

Palestinians and Jews who have been evicted from their land, home, or any property because of the conflict, shall be compensated and will have pre-emption rights in case their property is being sold or rented.
The refugee camps shall be dismantled or rehabilitated. UNRWA administration will be terminated.
Old destroyed Palestinian villages could be rebuilt – when possible

Settlements

Existing settlements will remain, provided suitable compensation to private owners. New Palestinian and Israeli settlements could be created in their respective districts by their own national government, without any federal control.
In open federal districts could be built new Jewish, Palestinian or mixed settlements on a fair basis by decision of the proper federal authorities.

Jerusalem/Al-Quds will remain opened and united as a distinct federal district, capital of Israel-Palestine and capital of the two nation-states. It will be placed under the Federal government exclusively.
Jews and Arabs will be free to live anywhere in the town.
The federal municipality will be decentralized; it will coordinate the activities of various sub-municipalities and will harmonize their development.
Mixed towns and lands not included in the national districts will be like Jerusalem, federal districts directly under federal jurisdiction, a cement of unity.

Security: joint federal Forces of Defense and Federal Police protect the Federation from external foes and internal extremists.
The direction of the federal Army will be transferred progressively from Israeli command to a joint paritary one, as soon as a comprehensive peace with neighboring Arab and Muslim states will be signed.

Jurisdictions

A Federal Constitutional Court would take decisions as to the conformity of the federal laws with the Constitution, and as to the constitutionality and legality of other regulations and general and self-management acts. It would also be called upon to resolve disputes between the Federation and other territorial units, in particular, conflicts of jurisdiction as between the courts and other bodies of territorial units
The nation-states and their various communities will enjoy judicial autonomy.
Rabbinic and sharia' tribunals shall have extended and recognized jurisdiction on the community who choose to abide by their legislation.

Economy

Both Israeli and Palestinian economies will be integrated and will complete each other; total freedom of movement for workers and goods shall be guarantied.
The federation shall guaranty of a decent minimum subsistence to every inhabitant. A special tax shall be consecrated to fight poverty.
The Federation shall operate one federal Central Bank and shall have a common currency.

Health and Social protection

Health, social protection, and every matter of human rights in general shall be the responsibility of the federal state.
The Federation will provide a federal health system for all.

Culture and Education

Cultural and educational independence are provided for each nation and community.
A common core program of education shall include the study of the language and culture of the other nation, English and Sciences.
Official languages:  Arabic for the Palestinian state; Hebrew for the Palestinian state, and both Arabic and Hebrew shall be the Official languages of the Federation.

II. The road map to get there

Extremists are neutralized: The Federation is the final status itself.
- no need for negotiations about dividing the land, dividing Jerusalem, refugees, security, settlements, water, etc.
- no dependence on mediation by any international facilitator.
No negotiations means that no one will have the opportunity to torpedo them.
We the people at the bottom will decide by free elections, and that is enough. Reliance upon a democratic process empowers the moderate majority; extremists were the main obstacle to the Two-State Solution, now they are out of the game.

An answer to religious fundamentalism:
The Supranational Federation will attract moderate religious of both sides, which will lead to a weakening of the extremists. Supranational Sovereignty will be understood by believers as a starting recognition of the Sovereignty of God, the Sovereign of the World,
رب العلمين, ריבונו של עולם. Federal ownership of the Land and Jerusalem will mean: the Land belongs to our common Lord.
The personal autonomy, which results from national law applying on the citizens themselves and not on territory is similar to our traditional Halacha and Sharia'. They will have the same structure – non-territoriality and an external Sovereign - but not the same content. The gap between secular law of the state and religious law will be narrowed.
Having to vote for the Federation will put believer to a test: do you really believe in the One God, or are you a Nationalist disguised in religious? We have freed Religion from Nationalism! Their connection was the main obstacle to any political solution.

Flexible implementation
The implementation of the federal structure is flexible, and can adapt itself to different scenarios in case a two-state solution or a one-state solution is first implemented, willingly or not.
The federal solution does not contradict the two-state solution: the federation would appear never the less to be necessary in order to allow the borders between the two countries to stay opened, and its ability to institutionalize cooperation would be more than welcome.
It is true whether Israel would proceed to a unilateral withdrawal from the West Bank, or a negotiated solution would be implemented first -against all odds - in the narrow time window still left.
In case of a single unitary state - probably resulting from an Israeli annexation of the Occupied Territories - the federal structure will allow to solve the demographic and identity problem, while granting administrative autonomy to both peoples on an equal basis, transforming occupation in a true cooperation.

Movement of Palestinian and Israeli Activists for the Federal State
First we have to develop our movement of Activists for the Federal State of Israel-Palestine (www.pa-il.org) into a large association with several branches in Israel, Gaza, and in the West-Bank.
The movement acts according to the same constitutional principles like the Federation itself - Respect, Reciprocity and Justice. The spirit of respectful cooperation in view of the same aim that prevails in this group will be pivotal in building confidence between the two peoples.
This process can be implemented slowly, with your help, step by step: individual after individual, community after community, Israeli Arabs and Jews, Palestinians from East Jerusalem, the WB and Gaza, will sign the Federal Covenant Charter. The federal alliance will grow progressively, on a willing basis. Internationals from all over the world will join to as supporting members. They already joined our two growing Facebook groups: http://www.facebook.com/groups/federip/ and http://www.facebook.com/groups/israelpalestine/

Israeli-Palestinian Federalist Party
Then we will create a common Federalist Party, with Israeli and Palestinian branches. It will run for municipal elections for "Jerusalem our Federal capital", then for national elections in Israel and in Palestine.
As soon as there is a majority for the Party, the elections or a referendum will have performed a quiet revolution.
In case that such a Federalist Party, or free elections, will not be allowed, a popular revolution would have to do the change. It would be our Israeli-Palestinian Spring!

Like the conflict itself, this solution has no real precedent, but will become a living reality… with your help!

2 comments:

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