The foreign affairs and Defense Committee continues its series of discussions on the Security Service Law (Amendment No. 26) (integration of Yeshiva Students), 5782-2022. The first part of today’s discussion dealt with sections 26 Ka – 26 Ke, which concern preventing harm to the status and integration of women in security service, while preserving the way of life of graduates of Haredi educational institutions.
Section E of the proposed law concerns general provisions for the bill. On one hand, the IDF is obligated to preserve the Haredi way of life of graduates of Haredi educational institutions. On the other hand, the IDF has a parallel obligation not to harm the service or status of women as a result of integrating graduates of Haredi educational institutions.
It is proposed to anchor in section 26 Ka the obligation to protect the status of women in the IDF. The section explicitly states that the integration of graduates of Haredi educational institutions into security service, in accordance with the provisions of this chapter, shall not be done in a way that harms the status, service, or integration opportunities of a woman in security service. Concurrently, it is proposed to stipulate in section 26 Kb a provision that the IDF will act to enable the preservation of the way of life for those who enlist according to the provisions of this chapter.
As a direct continuation of the IDF’s obligations to act to preserve the way of life of yeshiva students and graduates of Haredi educational institutions, the proposed law introduces for the first time several sections intended to implement this obligation. Within this framework, several sections have been added to ensure the codification of the IDF’s duty.
According to the Legal Counsel’s position to the committee, it is of utmost importance to anchor in law provisions that ensure that the status and integration of women in the IDF are not harmed. This importance is equivalent to the importance of defining the IDF’s obligations to open tailored tracks, selection and placement procedures, and the establishment of pre-military preparatory programs for graduates of Haredi educational institutions.
In the opinion of the Legal Counsel, it is important to anchor fundamental provisions that will ensure that frameworks intended for women are not reduced due to the integration of graduates of Haredi educational institutions. In addition to these, it is also possible to consider including provisions that ensure the increased representation of women in key positions, by presenting orderly work plans from the IDF to achieve these goals.
The Legal Counsel also stated that the IDF’s ability to establish tailored tracks is closely related to our remarks regarding the need for an internal division concerning the minimum threshold for enlistment, in accordance with the division presented by the IDF in the committee’s discussions. This division will allow the IDF to plan and open tailored tracks that suit the army’s needs on the one hand, while acting according to its obligations, as proposed in the bill, to adapt these tracks to graduates of Haredi educational institutions on the other hand.
The Foreign Affairs and Defense Committee continued its series of discussions on the Security Service Law (Amendment No. 26) (Integration of Yeshiva Students), 5782-2022. The second part of today’s discussion dealt with sections 2 to 9, which concern supervision provisions.
Sections 2 to 9 of the proposed law amend the supervision mechanism established in sections 49a to 49h of the Security Service Law. The provisions of this chapter stipulate that a supervisor who finds that a person designated for security service is not present at the yeshiva must notify the commander or his representative. Supervisors and inspectors have been granted powers to demand identification from yeshiva students and yeshiva staff, to request documents, and supervisors have also been granted explicit authority to enter yeshivas, except for residential areas, only by court order.
The bill presented to the committee proposes several changes in this regard.
According to the Legal Counsel’s position to the committee, the supervision in yeshivas reflects the purposes of the proposed law – on the one hand, reducing inequality by increasing the number of recruits from the Haredi public, and on the other hand, recognizing the importance of Torah study as a justification for deferring service, by supervising that those whose service is deferred for Torah study are indeed studying Torah. Given its importance, it is necessary to ensure that the supervision is effective.
The Legal Counsel notes that the proposed law includes several amendments that contribute to increasing the effectiveness of supervision, such as the obligation to appoint supervisors and set criteria for their number, the cancellation of the Ministry of Defense’s reliance on the Ministry of Education’s supervision, and the detailing of the report to be submitted to the Foreign Affairs and Defense committee and increasing its frequency.
At the same time, the Legal Counsel states that the proposed law also includes several arrangements that, in their opinion, weaken the effectiveness of supervision.
In the proposed section 49c in section 4, it is proposed to stipulate that inspections will take place once every three months. Supervision at such a frequency, especially when the date of supervision is known in advance, is not effective, and effective supervision should be on a daily basis.
They also state that the sanction for repeated absence from a yeshiva must be sharp and clear. Explicit provisions should be included in the body of the proposed law regarding the cancellation of the service deferral order for a yeshiva student found to be absent from the yeshiva multiple times, and this should not be left to the Minister of Defense.
The proposed law does indeed suggest imposing sanctions on yeshivas for failing to fulfill the attendance obligation, which did not exist previously, but the proposed arrangement raises a question regarding the effectiveness of its implementation. According to the proposal, a yeshiva where a supervisor finds that at least 20% of its students are absent more than once will receive a warning, and if this is found again, it will be removed from the list of yeshivas.
The Legal Counsel to the committee states that the proposed absence percentage is very high and that it is clear that there may be cases where a student is absent due to illness or personal circumstances, and this must be addressed, but a provision that effectively allows 19.9% of yeshiva students to be absent from it on a regular basis is not in line with the purposes of the law.
The Legal Counsel supports the amendment to abolish the institution of “inspectors” and states that it is correct for the supervision to be carried out by the Ministry of Defense, as proposed in the bill, and not to be outsourced to external entities.
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