New law states visitors to enemy countries cannot become MKs
Jun. 30, 2008 Rebecca Anna Stoil , THE JERUSALEM POST
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Some of Israel's Arab parliamentarians face a ban from serving in the next
Knesset, after a bill to prohibit anyone who visited an enemy state in the
recent past from becoming an MK became law on Monday.

Arab MKs immediately denounced the new law harshly, calling it
unconstitutional, and said it would be challenged and beaten in the Supreme
Court.

But the legislation, which passed by a 52-24 vote, was hailed by its
sponsors as a guarantee that "Trojan horses" and "enemies" would no longer
be allowed to sit in the Knesset.

"This law will return some of our trampled honor as a nation and will give
us a good reason to stand upright," said MK Estherina Tartman (Israel
Beiteinu), who - together with MK Zevulun Orlev (NU-NRP) - submitted the
bill. "From now on, Israeli citizens can be calm - enemies will no longer
sit in the legislature. As in every normal, enlightened, democratic state,
anyone who disregards national security will know that he won't be able to
be elected to the Knesset."

The bill is also known as the Bishara Law, because it was submitted after
the publication of the case of former Balad MK Azmi Bishara, who made
numerous trips to Lebanon and Syria and is currently wanted for questioning
by the Israel Police under suspicion of treason for allegedly aiding
Hizbullah during the Second Lebanon War.

"From today onward, Arab MKs will have to decide - the Syrian parliament or
the Israeli parliament. The law will put the brakes on the infiltration of
Trojan horses into the Knesset," said Orlev. "We must demand of the Arab
leadership unconditional loyalty to the state of Israel as a Jewish and
democratic state just as every democratic state asks of its elected
officials."

The legislation is based on clause 7A of the Basic Law: Knesset, which
states that "a list of candidates or a candidate can be elected as long as
their goals or their actions, literally or interpretively, do not negate the
existence of the State of Israel as a Jewish and democratic state, [express]
incitement to racism or support of the armed struggle of an enemy state or a
terror organization against the state of Israel."

The new law now adds that "anyone who has illegally visited an enemy state
in the seven years preceding the [submission of his name on the party list]
will be seen as a supporter of armed struggle, unless they prove otherwise."

Arab MKs, who look likely to be directly harmed by the law due to their
visits to Lebanon and Syria, said the law would be overruled by the Supreme
Court.

On Monday, MK Ahmad Tibi (United Arab List) said that because the bill had
failed to be approved by a simple majority of all MKs - 61 votes - it could
not be considered approved as an amendment to a Basic Law, and would not
withstand the test of the Supreme Court because it impinged on equality.

MK Muhammad Barakei (Hadash) said that "it is a law of terror by any other
name. It aims to impose a rule of terror in thought and political opinion.
It is an unconstitutional law - you can't call visits by relatives and
visits for the promotion [of] peace support for terror."

Balad MK Jamal Zahalka said he planned on appealing the law to the Supreme
Court as well, arguing that Arab MKs should have the right to visit Arab
countries.