A Confederation of Israel and Palestine: Devolved, Democratic and Directorial

Creation of a Cantonal Confederation of Israel and Palestine: Devolved, Democratic and Directorial*

(*A directorial system of government is when the executive power is equally shared among a small group of elected or appointed individuals, ‘a directorate’, rather than invested in a president or prime minister who then appoints the cabinet. Switzerland uses this form of government, where directorates or executive councils govern all levels of administration, federal, cantonal and municipal. It is a shared system of government that reflects and represents the heterogeneity and multiethnicity of the Swiss people. Israel's Parliamentary System, under which executive power is vested directly in the Multi-person Cabinet, as opposed to the President acting on the advice of the Cabinet in a normal Westminster System, can be seen as semi-directorial.)

The Basic Concept in Summary

 

The 70 years of conflict between Israel and Palestine suggests that the current system of governance has failed to deliver some of the most basic expectations of people from their governments such as peace, internal security, justice and self-determination. The two sides are unable to find a solution, with little goodwill, few shared interests, competing for land and resources, resulting in a stalemate of two opposing forces. To break the deadlock, governance needs to be overhauled to fundamentally alter this dynamic of conflict.  This proposed model achieves this outcome by:

-   devolving power away from the two opposing governments with unequal power to 14 (or possibly 16) largely autonomous cantons that will be self-determining, some of which will have Jewish majorities, some Arab/ Palestinian and some being substantially bipartisan (thereby collectively forming a Jewish homeland, a Palestinian homeland, and shared homelands);

-   democratic processes devised to ensure that minority populations in cantons will have representation;

-   directorates will lead governments of cantons, so that while majority rule applies, the executive arm in most cantons will nevertheless include minority representatives;

-   cantonal representatives will come together as a bicameral Confederation Parliament in a united City of Jerusalem as the united Confederation capital;

-   the Confederation executive will also be a directorate, with no president or prime minister, which because of the demographic balance between Jewish and non-Jewish communities, would also be essentially bipartisan;

-   the legislature will have two chambers, the House of Israel and the House of Palestine, based on voters’ wishes not territory, and legislation will need the assent of both chambers to become law, so that bipartisanship will be essential and inherent at the Confederation level.

While most democracies have a governing party or coalition and an opposition, this majority-rules model would be counter-productive for the purpose of designing a system of governance for a Confederation of Israel and Palestine that should unite rather than divide.  Instead, a bipartisan executive that needs to govern with the consent of both Israeli and Palestinian elected representatives will ensure a search for mutual benefit, consensus and cooperation. Giving both chambers of parliament the right to veto legislation means that demographic concerns will have little importance, as the size of each chamber does not affect the ability to veto.  While deadlock is possible, mechanisms can be found to break such deadlocks.

In contrast, cantonal councils being unicameral, majority rule would apply.  Eight cantons would have Jewish majority populations and six Palestinian majorities.  (In this proposal, the term Palestinian will be taken to include Arab Israelis, Druze, Bedouins and other non-Jewish communities indigenous to Palestine in the broader sense.)  Majority rule would be tempered by ensuring ethnic minority representation in most cantons, whether the minority be Jewish settlers in the West Bank or Arabs in East Jerusalem, or Bedouin in the Negev. 

Such a large restructuring of government would be challenging and would need the support of  the people.  Election of candidates supporting the Confederation would need a majority in both the Israeli Knesset and the Palestinian Legislative Council who could put into effect the necessary constitutional changes.  Essentially, both legislatures would need to enact legal means to join together to form the first bicameral Confederation Parliament and elect the first Executive Council that would oversee the first elections and transition to the new structure.  To achieve this requires either current political movements to adopt the model as policy, or a new confederation movement to be formed.

DETAILED DESCRIPTION:

 

The Confederation Territory

The Confederation of Israel and Palestine (‘the Confederation’) would include the territory of Israel and the West Bank initially; Golan Heights would be included subject to international negotiations and the consent of the local population. The Gaza Strip could opt in as a full entity or initially be an associated entity of the Confederation. The Confederation Capital would be the City of Jerusalem.

 

Citizenship

All current Israeli citizens, long term residents of Israel and the West Bank, and Palestinian refugees residing in the West Bank would automatically become ‘founding’ citizens of the Confederation; the Gaza Strip and Golan Heights residents may also be included. Future rights to citizenship for new immigrants would be granted as set out   below. 

Creation of the Autonomous Cantons

 

Based on the population figures in the annex, 14 autonomous cantons would be formed, based on current Israeli districts and sub-districts and Palestinian governorates, so that cantonal populations would be between 600,000 and one million to ensure administrative efficiency and that a sufficient tax base and human resources are available.  Eight of these cantonal populations would have Jewish majorities, and six Palestinian majorities.  The cantons proposed are named mostly related to local natural features for political neutrality and to distinguish from current administrative units.

Israeli Cantons

1.         Upper Galilee, formed by the Israeli sub-districts of Akko and Zefat, with the cantonal capital in Akko;

2.         Lower Galilee, formed from Yizreel and Kinneret sub-districts, with the addition of the cities of the northern Triangle (Kafr Qara, Ar'ara, Maale Iron, and Umm al-Fah), capital in Nazareth - Golan could be included if negotiations result in its permanent annexation to Israel.

3.         Carmel, based on the district of Haifa, without the northern triangle cities above, capital in Haifa;

4.         Sharon, based on the sub-district of Sharon and additionally the cities of Hod Sharon, Raanana, Herzliyza, Ramat Sharon and the area of Kefar Shemarahu, capital in Netanya;

5.         Metropol, based on the Tel Aviv district, but without the cities ceded to Sharon and Central Coast;

6.         Central Plain, based on the sub-districts of Ramla and Petah Tiqwa, minus cities ceded to Sharon, capital Ramla;

7.         Central Coast, based on the sub-district of Rehovot, plus cities of Azor, Holon and Bat Yam, capital Rishon Lezion;

8.         Sephalah, based on the Israeli district of Jerusalem and sub-district of Ashkelon, but excluding the City of Jerusalem, capital in Ashdod;

9.         Negev, based on the sub-district of Beersheba, capital Beersheba.

Federal Capital Territory

10.     Jerusalem City, including both West and East Jerusalem, but not including the remaining non-metropolitan portions of the current Israeli and Palestinian districts of Jerusalem / Al-Quds.

Palestinian Cantons

11.     Hebron, based on the Palestinian governorate and with capital in Hebron;

12.     Jordan Valley, formed by the governorates of Bethlehem, Al-Quds but excluding East Jerusalem city areas, Jericho, and Tubas, capital in Jericho;

13.     Northern Hills formed from Nablus, Tulkarm and Jenin governorates, capital in Nablus;

14.     Western Hills formed by Ramallah, Salfit, and Qalqilyah capital in Ramallah.

The ‘Judea and Samaria Area’ would no longer exist as an administrative unit, and West Bank Jewish settlements would be part of the four West Bank cantons above.

Gaza Strip

While the Gaza strip already is in a sense an independent city state, the poverty, the collapsing infrastructure, militancy and capacity to destabilize the confederation must be addressed at the same time as founding the Confederation.  Three options are available, all contingent on recognition of legitimate Jewish aspirations:

·            Associate member of the Confederation:  Gaza becomes an independent city state, but with special status in access to the Confederation, such as privileged access to working visas and a customs union and other economic advantages.  The international community would have a major role in providing investment to boost the economy.  Tight security to prevent arms violations would be maintained, until the economic incentives begin to diminish the risk to peace. 

·            Candidate for full membership of the Confederation:  Gradual integration of the Gaza Strip into the economy of the Confederation should begin as early as possible, with special access of Gazans to Confederation employment, finance, medical and social services.  Gaza could be developed as a special economic zone, with freedom from business taxes and reduced goods and services taxes. 

·            Full member:  Gaza is a founding part of the Confederation comprised of two cantons, North and South Gaza, and full citizenship rights from the outset.

Devolution and Formation of Cantonal Governments

 

Government function would be as far as possible devolved to the cantons, but some functions would naturally require a Confederation Government as below:

Cantonal Government	Confederation Government
Health	Defense
Education	Internal Security and Justice
Social Services	Foreign Affairs and Trade
Environment and Water	Immigration and Citizenship
Planning, Housing	Taxation and Economic policy
Cantonal Law and Justice	Confederation Law (Attorney General)
Employment, Local Transport	National transport, Ports, Communication

The local legislature would be the Cantonal Council, whose members would be elected by proportional representation every four years.  The number of Canton Councilors would be determined by the population of the canton, so that the number of councilors would be calculated by dividing the total population by 50,000 (see annex).  The five – seven councilors with the top number of votes would form the Cantonal Directorate, the executive body of the canton, whose members would assume cantonal ministerial portfolios as above.  The first elected councilor would be the chair of the cantonal council.

 

The Confederation Government: legislature, executive and judiciary

 

The Legislature

 

The 231 Cantonal Councilors would also fulfill a national role, and sit as members of the Confederation Parliament, which would have two chambers or houses, the House of Israel or Knesset and the House of Palestine.  Legislation proposed by the Confederation Executive Council (see below) would need the assent of both houses to be passed.  Thus neither side could impose its will on the other.  If the two houses remain deadlocked, a joint sitting with a two thirds majority could override any veto.  Each chamber would have a Speaker who could act as spokesperson for their community’s interests, and have parliamentary committees to study, review, scrutinize and propose amendments to Executive Council legislation.

A novel feature of the legislature would be to allow candidates for election to specify to which house they sought to be elected, irrespective of the canton in which they are standing.  This could mean that Jewish candidates in the Palestinian cantons could seek election to the Knesset, and similarly the Arab Israeli candidates could seek election to the House of Palestine.  Councilors elected in Jerusalem would also follow this process and announce and be chosen for whichever chamber of parliament they felt would serve their electors most.  This means while the Councilors are fixed geographically to the cantonal council to which they are elected, in their federal role there is flexibility to represent their community as they see fit.  Furthermore, while the overall 231 seats are fixed, the division into Israeli seats and Palestinian seats would not be fixed, and instead be determined by voters. As there is a larger population of non-Jewish citizens in Israel than Jews in the West Bank, it would likely increase the numbers choosing to seek membership of the House of Palestine.  To avoid instability, the house to which the councilor is elected would have to remain fixed for the four year term. 

Other options could include:

·            compulsory voting to ensure equality of representation, and

·            instead of cantonal councilors being automatically members of the confederation parliament, the two roles could be separated by having two voting lists, one for cantonal and the other for confederation parliamentary seats.  The advantage would be less burden on cantonal councilors to manage the canton as well as attend to confederation affairs, however this distances the cantons from the confederation, and could set up disputes between the levels of government as well as doubling the cost to the taxpayer.

The Executive

 

There would be no president or prime minister; executive functions of government would be fulfilled by the Confederation Executive Council of seven members of the Confederation Parliament, elected by a joint sitting of both houses for a term of four years. The Council would primarily provide leadership in areas of essential state functions that cannot be devolved to the cantons. For example, a suggested model for the essential functional roles of the Executive Council could be the following:

1.         First Councilor of the Confederation, Chairperson of the Council, ceremonial head of state

2.         Deputy First Councilor, Councilor for Population and Migration

3.         Councilor for Defense

4.         Foreign Affairs and Trade  Councilor

5.         Councilor for Home Affairs and Internal Security

6.         Councilor for Economic Prosperity and Finance, Transport, and Communications

7.         Attorney General and Councilor for Protection of Minorities and Communal  Harmony

For national coordination of areas of government devolved to the cantons, the Confederation Parliament could form consultative committees involving the relevant cantonal councilors to consider policies and harmonization of cantonal regulations. For example, in determining policies on national health insurance, a consultative council comprised of the 14 cantonal health executive councilors could be formed.

Depending on the voting procedures adopted to elect the Executive Council (for example requiring a 60% majority or two thirds majority of a joint sitting of both houses of the legislature to enforce a degree of consensus), the Executive Council would operate by consensus, be bipartisan, power sharing and collegial, to promote peaceful coexistence and equality of opportunity in the Confederation. The legislature would be where partisan politics, debate and democratic scrutiny would be practiced, reflecting the range of opinions in the Confederation. This approach will empower moderates and marginalize extremists of both peoples.  Over time as the shared political processes evolve and mature, the institutional enforcement of power sharing could be loosened. This could be achieved by requiring a simple majority for election of the Executive Council, rather than a two thirds majority, for example.

The Judiciary

 

The existing legal frameworks would initially continue in parallel. There would be two Supreme Courts, one for Israeli legal matters and the other for Palestinian matters. Israeli law would continue to apply in the Israeli cantons, and likewise Palestinian laws would apply in those cantons.  Above the two Supreme Courts would be the High Court of the Confederation, to adjudicate on matters involving the Confederation government and inter-cantonal disputes and be the final court of appeal for the whole Confederation. The Federal Territory of Jerusalem would be directly under the jurisdiction of the High Court for legal matters. New laws of the Confederation would also be under the jurisdiction of the Supreme Court.  Seven High Court judges would be nominated by the Executive Council and confirmed by both houses of parliament. At least three places should be reserved for Jewish citizens, and three for Arab / Palestinian / Other citizens during the implementation period.

Each canton would have a system of local courts which would deal with matters within the canton.

 

Rights to Free Movement, Employment and Residence

 

All 11.4 million ‘founding’ Palestinian and Israeli citizens resident at the time of initial confederation would be entitled to free movement and employment throughout the Confederation. Similarly, ‘founding’ citizens would have the right to take residence anywhere in the Confederation. Founding Jewish citizens would have the right to live in the Palestinian cantons and founding Palestinian citizens would have the right to live in Israeli cantons, but new housing would be subject to cantonal approval.

Freedom of movement would be subject to existing security checks and controls, including where necessary separation barriers. These internal movement checks would be conducted by a new integrated confederation police force, and the IDF would maintain responsibility for security checks only at external borders. Citizens would be automatically allowed access to any area of the Confederation, provided they pass the security checks deemed necessary by the Confederation and respective cantonal government. However the right to freely access sensitive sites, such as religious places of worship, may be restricted.

Population and Migration

 

The right of return of Palestinian refugees and the Law of Return for overseas Jewish populations would be broadly maintained, subject to negotiations of annual quotas between the Confederation government and the cantons. In principle, arrival of returning Palestinian refugees and Jewish immigration would be done with a target of maintaining the current demographic balance.  Cantonal councils would be accorded the right to determine which immigrants they accept, with the exception of the Federal Territory of Jerusalem, where immigration would be directly determined by the Confederation government.  Economic incentives could be created to reward cantons that took a non-partisan approach to immigration policy.

Return of Palestinian refugees from outside the Confederation would be prioritized to those refugees who are currently stateless (such as those in Lebanon and Syria), contingent on those countries making peace with Israel.

New citizens would have a waiting period of ten years before being accorded the right to freedom of residence which existing citizens of the confederation have.  For example, a Palestinian refugee accepted to reside in Hebron with only four years of citizenship would not have the right to move to Metropol unless that canton consented.

 

Protection of Minority  Communities

 

Jewish communities living in the Palestinian cantons and Arab, Palestinian and other communities living in the Israeli cantons would be able to apply for minority status, on the basis of security or significant cultural concerns. Applications would be made by local government authorities to the Confederation government, and providing consent is provided by the relevant canton, be accepted.  If the cantonal government withholds consent, adjudication would be by the Confederation High Court.  Local governments afforded minority status   would have the right to civil protection. For example, Jewish settlements in the West Bank could apply to come under Israeli police protection.  Minority status would apply to local governments and not individuals. For example, individual Jewish citizens wishing to take residence in Hebron could not apply for special police protection.  Protection of minority communities could apply automatically at the founding of the confederation, particularly to Jewish settlements.  Minority communities could also be exempted from cantonal laws that are a significant challenge to that community’s culture.  Cantons could thus develop cultural, religious and moral codes, without infringing on minorities’ sensitivities, thus avoiding internal ‘cultural wars’. 

Initially law enforcement and minorities protection would be carried out using the existing Israeli Police and Palestinian Civil Police Force, until the Confederation government creates an integrated multi-ethnic police force. The Confederation police would take over all internal   security responsibilities from the IDF.

Defense

Responsibility for defense of the Confederation would remain with the existing IDF initially, recognizing that some neighboring states may remain hostile to Israel.  Over time if these hostile threats abate, the IDF would become an integrated Confederation Defense Force.

Official Languages

The official languages of the Confederation parliament and Confederation Executive Council and the High  Court would be Hebrew and Arabic and laws would be written in both languages. English would also be permitted as a working neutral language. Cantonal governments could choose which official languages they wished to employ.  Promotion of fluency in Hebrew and Arabic would be a primary objective of the education  system.

Census and Electoral Oversight

         

To avoid corrupt processes in both population statistics and elections, it would be highly desirable that a single bipartisan Bureau of Statistics and a single fully impartial and independent electoral commission be formed, with the possibility of UN oversight or other means of independent monitoring.

Final Steps

 

In 2048, a popular vote would be held to confirm the Confederation as a unitary Federal Republic with a single legal system, single police force, single military, and the right of free movement, employment and residency automatically extended to all citizens.  If a majority in any canton vote against permanent federation, a second vote would be necessary in that canton to decide whether to actually exit the confederation.  If the canton votes to exit, this would trigger new votes in remaining cantons to again consider permanent federation.

Conclusion

 

The strengths of the proposed model of Confederation is that the political system would be reconfigured to enforce certain outcomes (self-determination at cantonal level, power sharing at the confederation level), and does not rely on an improbable outbreak of goodwill or self-sacrifice by either community.  Extremism would be marginalized, and the middle ground empowered.  Particular tangible benefits to highlight are as follows:

For Israelis:

·            The model would co-opt Palestinian support in the cause of peace between Israel and its Arab and other neighbors to recognize the right of the Jewish people to their homeland in Israel and Palestine.

·            Israel’s military will maintain strong defense of the borders and current security checks and barriers would be maintained as necessary.

·            Israelis would be able to live anywhere in the Confederation, throughout Judea and Samaria, and existing settlements would become legal, internationally recognized, and protected by Israeli security.

·            New economic opportunities arise in the West Bank, and possibly the Gaza Strip.

·            Israeli law maintained in the territory of Israel.

·            Jewish customs, culture and right to self-determination throughout the Confederation, but particularly in the Jewish homeland cantons.

For Arab Israelis, Palestinians, Bedouin and Druze and other indigenous communities:

·         Citizenship for all existing residents and over time, those who resettle from neighboring countries, in an open democratic society where human rights are respected.

·         Access to employment and education throughout the Confederation, access to highly developed medical care, social services and environmental protections.

·         Freedom of movement and right to travel beyond the Confederations borders.

·         Palestinian law maintained in the territory of Palestine.

·         Arab customs, culture and right to self-determination throughout the Confederation, but particularly in the Arab homeland cantons.

For both:

·         Bipartisan executive government and parliamentary representation whereby neither community can dominate the other, and instead the system will encourage seeking consensus and shared interests, meeting in a united capital of Jerusalem, with no threat of demographic changes causing shifts in the balance of power.

Annex: Background and rationale to creating 14 – 16 cantons, and projected electoral outcomes

Refer to table below.

Based on the assumption that one cantonal councilor could effectively represent about 50,000 people, and that a canton should have a minimum of 12 councilors, cantonal populations were targeted to be between 600,000 and 1 million. Boundaries were drawn to follow as far as practicable existing administrative areas.  The average population of the nine Israeli cantons and Jerusalem would be 831,000, the four Palestinian would be 760,000 but if Gaza is included also 830,000.  Of the total 11.4 million founding Confederation citizens, 8.8 million (77%) would have pre-existing Israeli citizenship or permanent residency.

Voters

Eight cantons would have a majority of Jewish Israelis voters and six would have a majority of Palestinian voters.  If the Confederation is expanded to include the Gaza Strip, then eight cantons would have a Palestinian majority. 

Cantonal Councils and Directorates

The projected number of cantonal council members and their executive members are based on the assumption that the electorate votes along ethnic lines, and for the projections of electoral outcomes below, Cantonal Directorates are all assumed to be seven people.  Directorates that are split 4/3 are described as bipartisan.

While most cantons would have some degree of minority representation, most would be either Jewish or Palestinian controlled, meaning that the essential nature of these areas as Jewish or Palestinian homelands is maintained

-             two would be wholly Jewish (Metropol and Sephalah)

-             four would have substantial Jewish majorities (Carmel, Central Plain, Central Coast and Sharon)

-             four would be bipartisan (Upper and Lower Galilee, Negev and Jerusalem)

-             two would have substantial Palestinian majorities (Western Hills and Jordan Valley). 

-             two would be wholly Palestinian (Northern Hills and Hebron), four if North and South Gaza cantons are included

Confederation Parliament and Executive Council

Assuming all Jewish candidates in Palestine opted to sit in the Knesset, and all Arab Israeli and other candidates opted to sit in the House of Palestine, then the Knesset would have 132 members and the House of Palestine 99.  If Gaza is included, then the number sitting in the House of Palestine would be expanded to 138.

The Confederation Executive Council would be bipartisan, whether or not Gaza is included.

However this dichotomous approach to electoral mathematics is undoubtedly an over simplification.  Arab Christians, Druze, Bedouin, atheists, and independents would undoubtedly enrichen the mix.  Jewish liberals would probably have more in common with progressive Palestinians rather than ultra-Orthodox parties.