jewish national fund': a critique
TRANSCRIPT
Alliance of Concerned Jewish CanadiansAlliance de canadien-nes juif-juives concerné-
esA C J C
[email protected]@yahoogroups.com
http://groups.yahoo.com/group/ ACJC2006 News/nouvelles &discussion List-e:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2007-09-28
The Honourable Robert Douglas NicholsonMinister of Justice and Attorney General of Canada284 Wellington StreetOttawa, Ontario K1A 0H8
RE: Ronald Saba submission on the JNF (Jewish National Fund)
To all concerned;
It is important to emphasize two points in support of
the submission and presentation made by Ronald Saba in the
complaint filed with respect to the Jewish National Fund.
One point is that the name given by the JNF is not
indicative of its identity. One should take note that in the
Israel context it is given the Hebrew name Karen Kayemeth
Leisrael (KKL) which actually means “Perpetual Fund / Capital for Israel”.
Accordingly this organization is in effect as agency of the
State of Israel and is not a Jewish communal institution of
1
Canada. This point is elaborated in my summation of the
origins of the JNF which is annexed here as Annex A: JNF
Jewish National Fund: A Summary and Critique. Annex B is an
AFFIDAVIT that testifies to these issues by direct
observation. Annex C here following is my submission to the
Canada Customs and Revenue Agency (Charities Division)
The second point to be made is that it is not entirely correct to designate the policy of the JNF as serving the interests of Jewish people who wish to settle on lands that are under its control in the State of Israel or otherwise inoccupied Palestinian territories. The reason for this is that there is an additional criterion for the selection of prospective candidates for the leasing of such lands which is not stated as a matter of policy but is followed nonetheless in practice. That is the selection policy of requiring that the Jewish candidates also be considered politically appropriate to be offered the prospect of leasing the lands in question for a 48 year contract. The test of political correctness is based upon the implicit agreement to refuse access to such lands to the indigenous Palestinian population. The definitive case that has broughtthis policy to the open is that of Dr. Uri Davis, an Israelicitizen who sought to provide the tract of land that he leased for the use of a Palestinian colleague. This choice was considered to be in contradiction to the initial contract and was refused to be honoured. One is obliged to conclude that such lands are not available to those Jewish citizens who would seek to share their use of such lands with any Palestinian person. This is the definitive definition of social discrimination. The issue that is raised here in consequence is why such a practice is considered illegal in Israel itself by the Attorney General and not by the government of Canada or any of its provinces or by the appropriate institutions of Canadian civil society.
2
It would be appropriate to conclude that the pretext ofthe JNF being associated with the Canadian Jewish community is fallacious and irrelevant to the legal matter of discrimination that is proven. The failure to implement thiscategorization is in itself an act of complicity with the discriminatory practice in effect and the political criterion that is the motivating factor for such discrimination.
I would encourage all concerned to re-evaluate their stance in this issue to clear up any legal responsibility that would become operative in the light of such practices.
Yours truly,
___________________________________ Abraham Weizfeld
cc: Canadian Human Rights Commission425 de Maisonneuve WestMontreal, Quebec H3A 3G5
Telephone: (514) 283-5218Toll Free: 1-800-999-6899TTY: 1-888-643-3304Fax: (514) 283-5084
Jennifer Lynch, Q.C.Chief Commissioner of the Canadian Human Rights Commission. Canadian Human Rights Commission344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1Canada
3
Commission des droits de la personne et des droits de la jeunesse du Québec360, Saint-Jacques Street, 2nd floorMontréal (Québec) H2Y 1P5Canada
Alberta Human Rights and Citizenship CommissionNorthern Regional Office800 Standard Life Centre10405 Jasper AvenueEdmonton, Alberta T5J 4R7
4
Annex A
JNF “Jewish National Fund”A Summary and Critique
June 4, 2007
The “Jewish National Fund” so-named by the nascentZionist movement that was founded in 1897 remains as pillarin the construction that is now known as the State of Israelor in Hebrew as Medina Yisrael. At the founding ZionistCongress in Basel, Switzerland Hermann Schapira proposed theestablishment of a fund to acquire territory under theauthority of the Zionist State alone. Although it was to beacquired in the name of the Jewish People, these lands werenever to be owned by the proposed residents themselves butrather granted leases for periods not exceeding 49 years. Inthis manner such lands became State acquisitions never to besold to any other person, in particular the indigenousinhabitants themselves from which it was to be acquired. By1882 the number of Jewish residents in Palestine was 24,000out of a total population of about 550,000. Prior to theZionist colonization the resident Jewish population of10,000 were well integrated Palestinians. Even today thereare 300 Jewish-Palestinian residents in the besieged city ofNablus.
The initial purchases of lands in the territory ofPalestine, a province under the Ottoman Empire, resulted inminimal acquisitions. It was only after the December 1917occupation of Jerusalem by British General Edmund Allenbythat the JNF became a significant colonizing agency. In July1920 the government of Palestine enacted an ImmigrationOrdinance and a Land Transfer Ordinance which led to thecertification the JNF as “having purposes of public utilityand thereupon registered as a foreign company”1 1 See footnote 109, page 47 of The Jewish National Fund by Walter Lehn with Uri Davis, Kegan Paul International, London and New York, 1988
5
The original funding agency of the JNF was incorporatedin England in 1890 as the Jewish Colonial Trust (JuedisheColonial Bank) Limited with all its shares held by the WorldZionist Organization (WZO). This Bank has since become “TheNational Bank of Israel Ltd.” (Bank Leumi Le-Israel) in 1951with 88% of its stock owned by the “Treasury for theSettlement of Jews, Ltd.” (Otsar Hityashvut ha-Yehudim BM),the Israeli successor company set up in 1955 to the EnglishJewish Colonial Trust of the WZO. 2
It should be noted that the English name for the JNF,Jewish Natioal Fund is found to be given the Hebrew nameKaren Kayemeth Leisrael (KKL) which actually means “Perpetual Fund / Capitalfor Israel”.3 The association made with the Jewish identity israther a convenience to secure the necessary politicalcapital in order to establish the State itself. Ironicallythis phenomenon is reminiscent of the initial proposition byOliver Cromwell to deport the British Jewish population tocolonize Palestine as Anglicized Jews!
Summary by: Abraham Weizfeld, B.Sc., M.A., Ph.D. cand.Administration Secretary Alliance of Concerned
Jewish [email protected] 514.284.66.42
FNJ, le « Fonds national juif » :un résumé et une critique
le 7 juin 2007
Le "Fonds national juif” (FNJ), ainsi nommé par lemouvement sioniste naissant fondé en 1897, demeure un pilierdans la construction de ce qui est maintenant connu commel'État d'Israël ou, en hébreu, Medina Yisrael. Au congrès defondation du mouvement sioniste à Bâle, en Suisse, HermannSchapira a proposé l'établissement d'un fonds pour acquérir2 See footnote 40 of Ibid. page 203 See page 24 of Ibid.
6
des terres sous la seule autorité de l'État sioniste. Bienque ces terres devaient être acquises au nom du peuple juif,elles ne devaient jamais être possédées par les éventuelsrésidents eux-mêmes, mais plutôt cédées en vertu de bauxpour des périodes n’excédant pas 49 ans. Ces terresdevenaient ainsi des acquisitions de l'État ne pouvantjamais être vendues à personne d’autre; en particulier,elles ne pourraient être vendues aux habitants indigèneseux-mêmes, de qui elles devaient être acquises. En 1882, lenombre de résidents juifs en Palestine était 24 000, sur unepopulation totale d'environ 550 000. Avant la colonisationsioniste, la population juive locale, totalisant 10 000personnes, était des Palestiniens et des Palestiniennes bienintégrés. Et aujourd'hui même, il y a 300 résidents juifs-palestiniens dans la ville assiégée de Naplouse.
Les premiers achats de terrains dans le territoire dela Palestine, une province sous l'Empire ottoman, n’ontreprésenté que des acquisitions minimes. C'est seulementaprès l'occupation de Jérusalem en décembre 1917 par legénéral britannique Edmund Allenby que le FNJ est devenu uneagence de colonisation significative. En juillet 1920, legouvernement de la Palestine a adopté une Ordonnanced'immigration et une Ordonnance de transfert des terres quiont conduit à la certification du FNJ en tant qu’agence“ayant des buts d'utilité publique et conséquemmentenregistrée comme compagnie étrangère”.1
La première agence de financement du FNJ a étéincorporée en Angleterre en 1890 sous le nom de Jewish ColonialTrust (Juedishe Colonial Bank) Limited, toutes ses actions étantdétenues par l'Organisation sioniste mondiale (OSM). En1951, cette banque est devenue The National Bank of Israel Ltd (BankLeumi Le-Israel) dont 88 % des actions étaient possédées parla Treasury for the Settlement of Jews, Ltd (Otsar Hityashvut ha-Yehudim BM), la compagnie israélienne qui a succédé, en1955, au Jewish Colonial Trust britannique de l’Organisationsioniste mondiale.
Fait à noter, le nom anglais du FNJ, Jewish National Fund,s’est fait accoler le nom hébraïque Karen Kayemeth Leisrael(KKL), qui signifie « Fonds/Capital perpétuel pour
7
Israël ». L'association faite avec l'identité juive estsurtout utile pour garantir le capital politique requis pourétablir l'État lui-même. Ironiquement, ce phénomène n’estpas sans rappeler la proposition initiale d’Oliver Cromwellde déporter la population juive britannique pour coloniserla Palestine en tant que Juifs anglicisés !
Résumé par : Abraham Weizfeld, B.Sc., M.A., candidat audoctorat
Secrétaire administratif de l'Alliance deCanadien/nes juif/ves concerné/es
[email protected] 514.284.66.42----------------1 Voir la note #109, page 47, The Jewish National Fund parWalter Lehn avec Uri Davis, Kegan Paul International,Londres et New York, 1988.2 Voir la note #40, Ibid,. page 20.3 Voir la page 24, Ibid.
8
ANNEX B
AFFIDAVIT
from
Abraham Weizfeld B.Sc., M.A., Ph.D. cand. l’UQAM
Concerning the charitable organization status
of the Jewish National Fund“Jewish National Fund (JNF) of Canada (Keren Kayemeth
Le’Israel)”
BN/Registration # 107534877 RR0001
by the Canada Customs and Revenue Agency (Charities
Division)
of the Government of Canada
2003-12-12
~ ~ ~ ~ ~ ~
This testimonial on my behalf as a witness to the
nature of the project known as “Canada Park” is of concern
9
to an individual such as myself in two facets; one is that
as a Canadian citizen for which there is an association
being made in practice, and for the historical record, with
Canada, a legal responsibility which is contrary to
international law and contrary to the practice and policy of
the various Canadian governments that have sat in office
during the duration of this project’s existence. Secondly,
as a Jewish-identified person I wish to file my objections
to an act of “ethnic-cleansing”, as it is referred to
currently, that has been conducted in the name of the
national-cultural community to which I adhere, the Jewish
People. It is my ardent wish that the Jewish People shall
not be identified with the collective human-rights crimes of
the State of Israel which have been implicated by the claims
of the Zionist political parties to assert the legitimacy of
the Jewish People as a justification of that particular
militarist project.. In addition it is my wish that this
country’s reputation should not be tarnished by the name
given to the lands confiscated to become the “Canada Park”
that is the pride of the Canadian Jewish National Fund, the
registered charitable organization having claimed the
“Canada Park” project as a registered tax-deductible receipt
donation recipient on the part of the Charities Division of
the Customs and Revenue Agency. Even though the local
agency which implemented the “Canada Park” may be
registered as a charitable donation under Israeli State law,
10
the criteria for such a registration is in contradiction
with the law as it is know in Canada, as well as
international law and as well as again in terms of the UNGA
& SC resolutions.
The object of this inquiry may seem innocuous at first
sight, since it takes the form of a public park, however
this case example is indicative of the entire set of
relations between the Palestinian People-Nation and the
legal entity called the State of Israel, since the
acquisition of the land in question is part and parcel of
the vast territories that were acquired by military means
during the occupation of 1967. Although I have listened to
many explanations of why this particular event was
legitimatised by the act of war by another State
neighbouring the State of Israel, I nonetheless cannot
accept the connection between a minor border-waterway
dispute and the occupation and retention of vast areas of
land then known as the West Bank of the Jordan river, in
addition to a strip of land in the Gaza that was part of the
Sinai peninsula that was under the authority of the State of
Egypt, and is now once again. The area now known as “Canada
Park” is part of the territories which were occupied and
retained in the events of 1967. I must reiterate that my
questioning of the status of this land is furthermore based
upon the unacceptability of the Nineteenth Century practice
that was based upon what was called the “right of conquest”,
11
a phrase that is often invoked but never verified in
justification of the use of the lands in question.
In practical terms occupation and retention of the land
in question means many different and varied practices and
the most significant of which is the displacement of the
indigenous residents who were present in the lands of
“Canada Park” and had established three villages over a
lengthy period of time. In my visit of this area it was
obvious that there is overwhelming evidence of the presence
of the villages that had persisted there over a very lengthy
period of time. Close to the entranceway to the “Park” are
the remains of some of the houses that have stood in one of
the villages in which all that remained were the foundation
stones in close proximity. The nature of the stones as well
is indicative of the age of the villages which appear to be
many hundreds of years old at the very least. The building
stones of the various ages are evident in terms comparable
to the Jerusalem wall stones that are weather-beaten to the
degree of more than 2000 years and perhaps even older as
well if one happens to be in the proximity of the original
stone-works of the Jebusite People who established the city
some 3500 years ago, not to mention the even older stones
still in operation in the buildings and walls of the town of
Akko which is some 5000 years old. The stones that are in
evidence in the “Canada Park” village were closer in age to
the Jerusalem stones and not at all comparable to ordinary
12
building materials. This is the indication of the prior
rights and seniority involved in terms of the ownership and
legal authority for these particular lands.
The evidence that these villages were in fact operative
and peopled by Palestinian nationals is provided by the
descendents of those people themselves. In particular there
is the Dr. El-Deep who has sought to compile not only his
and other family’s accounts of their dispossession, as well
as their legal documentation and house keys with which I
have become familiar with since being given the opportunity
to observe these proofs. However besides these tangible
proofs there is also the documentary images in photographs
that have been presented in conference here in Montréal
recently at the University of Concordia during the course of
the Polanyi conference. Dr. El-Deep presented the enlarged
photographs of the events in 1967 during the expulsion of
the inhabitants of Imwas, Yalu, and Bayt Nuba in the West
Bank. These are photographs taken by an Israeli soldier
during the events and provide a second dimension of proof as
to the inhabitants of the villages.
Taking into consideration the various proofs available,
I was struck to see the monument that had been erected as
walls carrying metal plaques with the names of Canadians
engraved there as donors to the Canadian branch of the
Jewish National Fund which was publicly designated as the
sponsor of the “Canada Park” project at the entrance to the
13
area contained a children’s playground, picnic tables, trees
and the monument. The monument in particular is significant
since it is made of the same stones that are to be found in
the ruins of the Palestinian villages at their original
sites not far away. The stones are evidently of the same
materiel, same colouration, the same cut (cubed) and
obviously of the same weather-beaten age.
I would here submit the actual photographs that I
myself was able to take of both the stone foundations of the
Palestinian village and the stone walls that had been
constructed of the homes that were destroyed.
1. Village stones and monument
2. Stone-wall monument of JNF site (“Canada Park”)
3. JNF entrance sign to “Canada Park”
There is a further aspect to this affair that is a
matter of personal acquaintance and even family relation who
first brought my attention to this project of “Canada Park”.
When the inauguration of the project was accomplished, there
were a number of the donors who came to attend the opening
ceremonies. I remember hearing of the event from my cousin
who was in attendance since her husband was one of the
14
listed major donors. It was a visit during which it was
said that one could see the plaques with the name of the
donors fixed onto a wall of stones, which was very
beautiful. I asked, at that time, where the stones had come
from and the response moved to centre on the subject of some
ancient Roman stone carvings that had been strewn about the
corner gardens that were part of the monument fixtures.
Evidently the response was not aware of where the stone
cubes in the walls came from and so assumed that they were
of the Roman era.
As it may be supposed from this exposition submitted,
there is a certain degree of misconception that has been
established concerning this project and I would ask you’re
the seriously considered opinion of the Charities Division
to consider the legal standing of this project and its
sponsor here in Canada. Since there may very well be a
degree of negligence involved here is such a sponsorship it
would inappropriate for the government of Canada to be
implicated in such a venture especially when Canada cold
play a significant role the developing period of
international diplomacy that is upon us. Not only would it
help Canada to gain a further degree of diplomatic stature,
such a re-evaluation of the JNF registration would also
enable Canada to exert a certain influence in the current
status of the 1967 occupied territories. Additionally it is
a legal responsibility of the government agencies of Canada
15
to consider the legal implications for Canada itself if such
a legal link is not annulled otherwise leading to the
appearance of complicity in the legal infractions involved.
These of course are all legal issues that are currently part
and parcel of the current series of negotiations. At the
very least such complicity could strain the possible
relations that Canada has with the diplomatic relations with
such a body as the recognized Palestine Embassy in Ottawa as
well as various United Nations agencies resulting in the
loss of opportunities that Canada currently seeks to fulfill
in the prospects for peace in the “Middle East”. It is
noteworthy that this concern is becoming of interest to many
Canadians who have presented themselves in public just this
past winter to demonstrate their abhorrence of the resort to
militarism when negotiations are entirely possible to
resolve the existing disputes.
Thus I submit here the reasons that I am able to
present for your consideration in this vital matter which
concerns the best hopes of Canadians, the Palestinians and
the majority of the Jewish people who have chosen to not
even be legally represented by the State of Israel, being
residents and citizens of other States where we have chosen
to fulfill our lives and hopes for peace.
16
Signed in Montréal the 12 / 12 / 2003
_________________________________________
Abraham Weizfeld
17
Annex C
Concerning the charitable organization status
of the Jewish National Fund
by the Canada Customs and Revenue Agency (Charities
Division)
of the Government of Canada
2003-11-08
By Abraham Weizfeld~ ~ ~ ~ ~ ~
Introduction:
This submission arising from Jewish individual
academics addresses the distinction that we wish to make
between the specific organizational representative, the
Jewish National Fund (JNF), and the Jewish community as a
whole which remains independent of such activities despite
claims to the contrary.
Founding principles of the JNF:
The specifications for “The Jewish Company” are the
founding clauses of the JNF and the work of Theodor Herzl
“The Jew’s State’ constitute its founding document giving
18
rise to the State of Israel including the JNF agency in
Canada. As specified “its functions are not confined to the
colonial sphere.” 4 The Jewish Company … the English legal
sense, under the laws and protection of England.”, which is
precisely where the JNF was first incorporated. 5
The characteristics defining “The Jewish Company”
reflect the precise functions of the JNF, that is, “In the
new country it is the Jewish Company which will organize
economic activity.” 6 Reference is made to the various
sites from which the “Jewish Company would operate from each
legal jurisdiction; “colonization companies* -- a Jewish
Chartered Company.” 7
What distinguished the doctrine of Herzl was its
departure from the utopian projections of the Hegelian type
of the time and became a revolutionary construction outside
of the bounds of simple practicability. The first of these
constructions was “The Jewish Company” and it was soon
after incorporated as the JNF.
4 1 Herzl, Theodore The Jew’s State: An Attempt at a Modern Solution to the Issue of
the Jews (A critical English Translation)translated & with an introduction by Henk
OverbergJason Aronson inc., Northvale, New Jersey,
JerusalemISBN 0–7657-5973-X , McGill MCL DS149 H514
1997, p. 1515 Davis, Uri
& Lehn, Walter The JNF ??6 Herzl op. cit., p. 1497 Herzl op. cit., p. 151
19
The defining legal character of “The Jewish Company”
was defined precisely in the terms; “The vast profits from
the land speculation will flow in their entirety into
Company coffers, because it has a right to unlimited profits
like every free entrepreneur.” 8 thus marking a
fundamental distinction from a charitable organization.
Herzl continues, “Rather, the founders and directors of the
Jewish Company should be offering a good business deal …” 9
The purpose of the organization as a whole is summarized as;
“In this way it can become a historically exemplary form of
colonization and state formation, with unprecedented chances
of success.” 10
This form of activity is to be distinguished from the
efforts made by certain Jewish philanthropists who sought to
provide a lieu for the poorest of the Jewish communities to
find the opportunities to rise above the misery of ghetto
life in some other lieu other than their own countries of
activity and residence. As the translator and editor of
Herzl’s work Henk Overberg comments in his introduction;
Baron Maurice de Hirsch, whom Herzl went to see in Paris on
2 June 1895 as he was writing The Jews’ State, was a perfect
representative of this tradition. Edmond de Rothschild, whom
Herzl called “the philanthropic Zionist,” and with whom he
had a long meeting was another example. Both these men were
8 Herzl op. cit., p. 1539 Herzl op. cit., p. 17110 Herzl op. cit., p. 194
20
sounded out by Herzl to see whether their philanthropy could
be stretched to political support for a new state for Jews.
Both these encounters remained without immediate practical
issue. Pg. 19.
The nature of “The Jewish Company” is furthermore
defined within the context of the project as whole for which
it was conceived. Functioning in the international context
it was nonetheless conceived as an extraterritorial entity
which was given the characteristics of State sovereignty
apart from the State structure within which it was
incorporated and constituted. This feature is stated
explicitly;
At any rate the Jews’ State isconceived as a quite unique new phenomenonattached to an as yet undecided territory.But a state is not constituted of pieces ofland; rather, a group of people gathered undera sovereignty make up a state. 11
“The Jewish Company” then is integral to the pre-State
conditions necessary for the formation of such a State and
is constituted as sovereignty independent of the legal
authority under which this company seeks to incorporate
itself and furthermore seeks to conduct itself as a private
enterprise and not a charitable organization.
The nature of “The Jewish Company” as projected by
Theodor Herzl the principal founder of the Zionist movement
11 Herzl op. cit., p. 188
21
of 1897, then is conceived and formulated as a Statist
formation whose sole purpose is to promote and prepare the
conditions for the establishment of the State as conceived
by this particular political tendency. This enterprise then
is the corner stone of the sovereign Sate projected to be
coming into existence. Its purpose is none other than to
acquire the resources to lay claim to the territory that is
to form the site for such a State. “In the new country it is
the Jewish Company which will organize economic activity.”12
The exclusivity of the venture is specified quite
clearly as being the accumulation of land and guarded as the
possession of one People alone so that it may not be
purchased in turn by any members of the local inhabitants in
return.
As such its nature is exclusive and includes the
dispossession of the local inhabitants of such territory.
* * *
12 Herzl op. cit., p. 149
22