Abbas’s Palestine is the Real Apartheid State, by Jonathan Tobin

In recent weeks, critics of Israel have been crying foul over the fact that Jews have moved into some apartments in East Jerusalem neighborhoods.The fact that the homes were legally purchased and that the new residents were merely attempting to reside in the country’s as-yet-undivided capital was seen as irrelevant since the presence of Jews in Arab-majority areas is considered to be an obstacle to a potential partition of the city should a peace agreement with the Palestinians ever be signed. But even if we were to concede that such moves do infuriate Arabs, surely no one, not even Israel’s most adamant opponents, would be comfortable with laws that banned the presence of Jews in parts of Jerusalem or anywhere else. Right? Wrong.

Palestinian Authority leader Mahmoud Abbas reacted to the fact that Jews have bought homes from Palestinians in parts of Jerusalem by vowing to toughen existing PA laws that forbid such sales. Yes, that’s right. In “Palestine”—be it the existing PA or Hamas states or the future independent Palestinian state that Europe is so eager to recognize even without it having to make peace with Israel—it is against the law to sell land or a home to a Jew.

The question of whether Jews should move into majority Arab neighborhoods or towns is a question of judgment. Let’s ignore for the moment the fact that the Palestinians have repeatedly rejected any peace deal that would give them an independent state and a share of Jerusalem since it would require them to recognize the legitimacy of a Jewish state no matter where its borders are drawn. It is possible to argue that the two communities are better off living separately. But voluntary separation is one thing, legal restrictions on the right of Jews to live in some areas is something very different.

After all, in the State of Israel, which is routinely and falsely accused of being an “apartheid state,” Arabs may live where they please. When some areas have tried to restrict sales of property to Arabs, Israel’s courts have ruled that this is inconsistent with the principles enunciated in the country’s basic laws. While Israel is not a perfect society and the Arab minority faces challenges that are often rooted in the century-old war over the land, the principle of equality before the law for all citizens is upheld.

But in “Palestine,” not only are there no courts or government to prevent individuals or groups from discriminating, but there it is the government itself that both promulgates and ruthlessly enforces such bias.

As the Times of Israel reports:

According to the official Palestinian Wafa news agency, Abbas on Monday imposed a sentence of hard labor for life on “anyone diverting, renting or selling land to an enemy state or one of its subjects.”

Jordan’s penal code number 16 article 114, applicable in the Palestinian territories, previously subscribed “temporary hard labor” to perpetrators of the crime.

In practice, this means Jews may not buy, rent, or sell land. In other words, should the state of Palestine that sits in the United Nations ever become a real sovereign country it will be the apartheid state, not democratic Israel.

The purpose of such laws is to thwart the Zionist enterprise by which Jews have returned to their ancient homeland by legally purchasing land. But the motivating factor here is Jew hatred. Should Palestine ever become a reality, the neighborhoods where Jews have bought homes would be part of it. At that point these few Jews would be no threat to the Arab majority. But the Palestinian vision of statehood remains one in which Israel would be a country where Jews and Arabs live while Palestine will be a Judenrein—Jew-free—entity.

The point here is that peace is possible if both sides are prepared to compromise and recognize each other’s legitimacy. But the supposedly moderate Palestinian Authority of Abbas, that both President Obama and Secretary of State John Kerry constantly praise as a true peace partner for Israel, is not only not interested in compromising. It is also promulgating and attempting to enforce laws that are based in anti-Semitic incitement. Were Israel to ban Arabs from moving into homes they owned in West Jerusalem, it would prompt an international outcry and condemnations from the United States. But instead America condemns Jews who move into Arab neighborhoods and stays silent when Abbas seeks to treat those who sell to Jews as criminals.

Instead of the Jewish home buying in Jerusalem being an obstacle to peace as Israel’s critics claim, it is the Arab attempt to criminalize selling to a Jew that best illustrates why peace is not yet possible