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Cabinet to vote on reopening the airport to allow Israelis to vote

 


Citizens said that if they could not vote at the embassy, ​​a polling station would have to travel between cities abroad to enable voting by citizens like those who are barred from entering Israel with the closure of Ben-Gurion Airport.

But the committee, led by High Court Judge Uzi Vogelman, said both claims were beyond the committee’s jurisdiction. He stressed that he has no authority to allow exceptions to the law nor to provide measures to allow Israelis abroad to vote.

The committee ruled that citizens do not have the “legal right” to vote at the Israeli embassy. Only a civil servant or an employee of the Jewish Agency, the World Zionist Organization, the Jewish National Fund or Keren Hayesod who are abroad for their work are allowed to vote at Israeli embassies. The spouses and children of such employees under the age of 20 are allowed to vote at embassies as well.

Voting for such envoys abroad and their families will begin March 10 at the Israeli embassy in Wellington, New Zealand and end two days later at the consulate in Los Angeles. There will be 100 embassies and consulates that enable voting, including for the first time, the United Arab Emirates, Bahrain and Morocco.

The Institute for the Democracy of Israel (IDI) presented an opinion to Deputy Attorney General Raz Nizri, arguing that imposing comprehensive restrictions on the ability of Israeli citizens to return to the country from overseas is extremely problematic from a constitutional perspective and is without parallels in the democratic world.

The opinion also stated that restrictions on entry by citizens and permanent residents at this time could infringe on the right to vote in the upcoming elections as Israelis must be present in the country in order to vote.

The authors of the opinion, Prof. Yuval Shany, Prof. Mordechai Kremnitzer, Dr. Amir Fuchs, Dr. Guy Lurie and Nadiv Mordechai, called on the government to immediately ban the entry of citizens, or at least to decide that the current strict restrictions on their return to Israel will not extend beyond their current expiration date.

An international comparison conducted by IDI revealed that other democracies fighting the COVID-19 crisis have not imposed a blanket ban on their citizen entry and that the Israeli ban is extremely extraordinary. For example, other countries that have imposed restrictions on foreigners entering their territory such as Australia, the United States, the United Kingdom, France, Canada, Russia, Sweden and New Zealand are allowing their nationals to enter the country. , even at dangerous times, although some of them place restrictions on the ability to leave the country

The opinion begins by noting that “in view of the constitutional right of every person to leave Israel and the right of every citizen to re-enter the country, a general prohibition of entry and exit is not in the spirit of the provisions of the Basic Law: “Human dignity and freedom. There is a concern that the erosion of affected rights is not proportionate, but rather extreme, even in view of the current health challenge.”

The authors add, “This mechanism was implemented after the inability of the State to effectively implement a quarantine for those returning to Israel. This failure has led to the adoption of an approach that offers greater harm to citizens’ rights than quarantine and has left many Israelis in exile abroad during a global health crisis. “

The authors concluded by writing that “extreme changes in politics – from one to a fully open airport, to a complete closure without warning, catching unconscious citizens traveling abroad legally, with the full expectation that they will were able to return, and without giving them a chance to prepare accordingly – creates intolerable human situations.The state must find an answer that is epidemiologically sound and proportionate to the constitution and must allow citizens to return home without delay. ”



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