The gov't can fight coronavirus without violating rights of citizens

As Israel's state of emergency over the coronavirus pandemic declared by Prime Minister Benjamin Netanyahu three months ago draws to an end, the new government has released a memorandum for legislation designed to extend its powers another 10 months. Under this bill, the basic rights of Israelis, from freedom of movement to privacy, may be violated at any time if the government decides new measures are necessary to contain the spread of the virus. In a memorandum circulated to cabinet ministers over the weekend ahead of the bill's presentation to the Knesset, the Prime Minister's Office said due to the imminent expiration of the emergency regulations, “the need has arisen to establish a legal alternative for critical emergency arrangements to allow the battle against the virus to last beyond a three-month period.” The new measures would be valid through March 31, 2021, “to provide the government with the tools to protect public health, including during the danger of a wider spread of the virus anticipated next winter.” The corona law would, inter alia, enable the government to reimpose tough restrictions, such as the closure of neighborhoods hit by the virus, halt public transportation, require people to stay within a certain distance of their homes, limit gatherings in public places, continue to track citizens digitally using technology that infringes on privacy rights and impose fines on anyone who violates these orders. While all these measures may be justified to curb the virus, it is understandable why Attorney-General Avichai Mandelblit urged the government to make sure any new measures are subject to parliamentary purview and monitored by Knesset committees. But opposition leader Yair Lapid warned that the legislation could be used in nefarious ways. “It makes no sense to give the government such widespread powers for a period of 10 months,” he said. “This includes Shin Bet [Israel Security Agency] tracking and a possible ban on demonstrations that if finds uncomfortable.” Meretz leader Nitzan Horowitz went so far as to say the legislation befits a dictatorship more than a democracy. “This law violates individual liberties and fundamental rights, such as freedom of speech, freedom of movement and the right to privacy,” he said. “This law is more dangerous than the coronavirus itself.” Asked to put the law in perspective, Dr. Amir Fuchs of the Israel Democracy Institute said the government is taking a reasonable step, required by the Basic Law, to ask the Knesset to extend the legislation, but it is up to the Knesset to establish some kind of mechanism to monitor the situation. “Because this involves such a grave violation of human rights, it can't only be the government alone that has the authority,” he told The Jerusalem Post. “We suggest that once there is legislation on this matter, it has to at least be approved by a committee in the Knesset. Any government action will need affirmation by this committee in the Knesset.” At the same time, Fuchs welcomed a statement by Justice Minister Avi Nissenkorn acknowledging that some of the provisions in the new legislation are too broad, too vague and need to be spelled out in more detail. “Basically, I think that the hysteria by some people was a little too much,” Fuchs said. “But it's good that we are on the watch when there is a law that gives the government the authority to infringe on human rights and privacy. “It might be a quick process because they are in a hurry, but I believe the Knesset will narrow down some of the problematic issues. When we look forward, if they are giving another 10 months for this state of emergency, we must have close inspection by the Knesset, which as the parliament is the body that determines the norms.” In this spirit, we urge the Knesset to thoroughly deliberate this legislation and to carefully balance the need to protect Israelis from coronavirus while preserving their rights, including to privacy. While the Knesset must allow the government the freedom to take action to curb the spread of the virus, it cannot allow it to indiscriminately curb the freedom of its citizens.

The gov't can fight coronavirus without violating rights of citizens

Yair Lapid: “It makes no sense to give the government such widespread powers for a period of 10 months.”

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