Wednesday, November 29, 2017

Section 44 (i) & Israel's Law of Return

Section 44 (i) of the Australian Constitution famously reads:

"Any person who - Is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power... shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives."

It of course has implications for any Jewish MPs and senators who take seriously the Zionist presumption that Israel is the state of all Jews, wherever they reside, and are entitled to automatic Israeli citizenship through Israel's Law of Return (1950).

The following news report is the first time, however, so far as I am aware, that Israel's Law of Return has been invoked in media commentary on the impact of Section 44 (i) on the eligibility of many of our parliamentarians to sit in federal parliament:

"A government citizenship hit-list suggests more than 25 Labor MPs and senators could be under a constitutional cloud because of dual nationality, as Parliament prepares for a new disclosure regime to kick in next week. The West Australian has obtained a comprehensive spreadsheet prepared by Coalition staff members, which presents research into the heritage of all sitting Labor parliamentarians [...] The document also suggests that Victorian Labor senator Kim Carr could have inadvertently obtained Israeli citizenship automatically granted to spouses under the Law of Return before 1999. It is unclear whether Senator Carr's spouse Carole Fabian holds Israeli citizenship, with the document saying the potential split allegiance 'has not been looked into'." (Coalition Government draws up hit-list of Labor pollies under dual-citizenship cloud, Sarah Martin and Nick Butterly, 25/11/17)

By drawing attention to Israel's Law of Return in this way, the Turnbull government has potentially unsheathed a two-edged sword, raising the prospect of  its environment minister, Josh Frydenberg, to give but one example, coming under pressure to formally reject his 'right' under Israeli law to become a citizen of Israel.

It is worth remembering here that it was only the principled opposition of Britain's anti-Zionist Jewish establishment to the Zionist project in 1917 that ensured the inclusion of the following guarantee  - "... nothing shall be done which may prejudice... or the rights and political status enjoyed by Jews in any other country" - in the Balfour Declaration. What an irony then that Israel's Law of Return could conceivably prejudice the rights of Australian Jews to stand for election to Australia's federal parliament.


Kosta said...

Lest we forget: Mike Kelly.

Kosta said...

Josh Frydenberg is apparently blatantly a Hungarian citizen anyhow: and gone unchallenged, having already played the holocaust card.
All those with allegiance to Israel have seemingly been granted special dispensations from 44i.
Fair go schlepping the goy.

Anonymous said...

Mike Kelly, MP for Eden Monaro, Bob Carr's "Clanking Colonel", who was so vocal condemning the awarding of the Sydney Peace Prize to Palestinian Hanan Ashrawi, has [subsequently] trumpeted in the media his marriage to Israeli citizen and former Israeli Prime Minister Ehud Olmert's cousin. What a surprise.

It has been reported Kelly and family attend the Canberra Synagog where his son had his Bar Mitzvah. Could his son therefore join the Israeli para military Gadna force for military training and brainwashing courses in Israel, like so many other Australian and overseas jews?

Whatever happened to impartial enforcement of the Crimes (Foreign Incursions and Recruitment) Act?

Would Kelly push for enforcement of this act in government?

Why is this act selectively enforced?

Could Kelly and family be ENTITLED to claim Israeli citizenship?

Remembering S44 is about, inter alia, entitlement, not actually going through the motions of claiming foreign citizenship.

Let the High Court decide, Isn't that what courts are for?

Paul said...

I wrote Turnbull's office a month or so ago to raise this very issue. I've just now received an odd reply (on letterhead) from some functionary who seems to have passed it on the the Attorney-Generals office. This is all co-incidence I'm sure, but I'm floored.

Now, referring to Bob Carr's diary: The conduct of Danby and Dreyfus bears examination with regard to undermining the Foreign Minister by appealing directly to the (already rambamed) PM Gillard to vote Israel's preferred way on a UN vote concerning Palestine. Their breach of Section 44 in advocating for the interests of a foreign power while serving as Members of the Australian Parliament renders them liable to dismissal from the Parliament as their breach of the Constitution is far more obvious and brazen than say Jackie Lambie who has a Scottish grand-dad or some shit. It may also open them to some other sanction for acting as de-facto agents of a foreign power while employed as Members of the Australian Government. Danby may soon need to tap his sick leave again.

Anonymous said...

Well, you can't have your cake and eat it too. The citizenship test should be applied equally without fear or favour to all our pollies.

Paul said...

Actually my letter to Turnbull was in August.

Anonymous said...

The tribe will pull out the "anti-semite" trick to shut down any unwanted revelations from surfacing.