Natan Sharansky, one of the greatest fighters against the communist regime in the Soviet Union, a prisoner of Zion who was decorated many times with the US Presidential Medal of Freedom, who served as a minister in the governments of Israel, calls on the parties to come together to discuss legal reform.
According to Sharansky, amendments should be introduced in the bills as they were presented.
The author of, among other things, the bestseller "The Advantage of Democracy" reassures that even if the reform is approved as it is, Israel will not cease to be a democracy.
"You shouldn't confuse the concepts," Sharansky says.
"A dictatorship is a place where citizens are denied their rights. This is not the case before us."
A war between extremists
The former chairman of the Jewish Agency and Prime Minister Binyamin Netanyahu have known each other for many years. Sharansky served as Minister of Industry and Trade in his first government. Sharansky also served as Minister of the Interior, Minister of Construction and Housing, and Minister of Diasporas and the Fight against Antisemitism in the Barak and Sharon governments. He resigned from his last term in 2005, in protest over the evacuation of Gush harvest.
In a conversation with Israel Hayom, he shares his feelings, according to which extremism in Israeli society - on both sides - has reached dimensions that were almost unseen.
"When I hear one side, it immediately makes me agree with the other side," Sharansky admits.
"When you don't stop for a minute, you want to bend the other side."
Sharansky and Kahana, photo: Oren Ben Hakon
"When I hear Rotman and Levin, I immediately understand that the protesters have a reason to oppose; when I listen to the leaders of the protesters, I immediately agree with Levin and Rotman. This is so, because everyone has serious reasons that need to be addressed, but each side steadfastly refuses to enter the room and discuss with the other side".
Sharansky expresses his disapproval of the enhancement clause in the manner in which it is brought up for discussion in the Knesset plenum.
"The wording at the moment means that the parliament can say 'no' to any decision of the court. It doesn't work that way. In Western democracies, the protection of individual rights is in the hands of the court."
coalitional influence
"The government's statement that it is the one that will protect human rights is incorrect," he clarifies.
"It is impossible for the Knesset to prevail over the court when it comes to human rights."
What about the committee for selecting judges?
"I really don't know a democracy where the judges have a veto on who will be appointed as a judge. They suggest that the coalition will have the option to choose the judges by itself. I suggest that in the meantime the judges will not have a veto either, and the coalition will not be the one to exclusively choose the judges."
Demonstration against the coup d'état in front of the Prime Minister's residence in Jerusalem // Credit: Yoni Rickner
There are those who suggest so, but the judges block appointments if a candidate they do not like is brought to the committee.
"That's why I agree that change is needed, but not under the coercion of the coalition, but for example when there is a representative of the opposition or in some other way. The coalition must have a necessary influence, but not full. We should not go from one extreme to another. In general, why don't we talk about how to reach a consensus ?".
"International damage to Israel"
As a long-time public figure, Sharansky is not afraid to express his position on the attempts at compromise that have been made, chief among them the statement by opposition leader Yair Lapid to freeze the legislative process. "One side is not right in declaring that it will not wait even a minute.
This means that they want to bend the other side, but also the other side that says 'these are our conditions' is acting on the ground as if there were no elections."
"Serious reasons".
The demonstrators protesting against the reform, photo: Herzi Shapira
Sharansky warns that although the legislative process is in its infancy, "there is serious damage in terms of Israel's international status."
He points out that two of the greatest jurists who support Israel in the world, Erwin Kotler and Alan Dershowitz, had reservations about the proposed reform as it is now.
"I heard Levin yesterday, and in recent days I really don't like the extreme approach he is taking. On the other hand, when he said 'I am ready to sit tonight with Gantz and Lapid,' they replied that they do not agree."
So where do we go from here?
Sharansky offers a variety of options on how to pave the way for a compromise.
For example, the government's agreement to postpone the vote on the override clause, in exchange for Gantz and Lapid's agreement not to allow the judges to veto the election of the judges and avoiding a first reading.
Yair Lapid and Benny Gantz, photo: Oren Ben Hakon
"There are many more ideas," he adds.
"Ganz's willingness to enter the coalition in return for the recession of the reform is also a good idea. You hear a lot of shouting, but in practice there is agreement on many issues. They also told me at the Ecclesiastical Forum that they are ready for changes. As soon as negotiations begin, the differences will decrease. The problem is that each side is de- Legitimacy for the other's arguments."
What do you think of the claim that the goal of the reform is to appoint judges who will in time acquit Netanyahu in pending cases against him?
"These are nonsense. It's good for propaganda and speeches at demonstrations. Because even if the reform passes as it is - and I very much hope it doesn't pass like this - then for a few years you can choose only two or three judges, out of 15. So symbolically it may seem, but practically I I don't think this is one of the considerations."
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