At a tax conference in London a few years ago, I met some tax professionals from Brazil who had immigrated from Gaza. Why Brazil? Because, they explained, “In Gaza, you are either pro-Hamas or you are dead, so we left Gaza and went as far away as we could.”
Clearly, Gaza could do with a dose of democracy. Israel does have a democracy but lacks a constitution. The US has a constitution dating back to 1787 (since amended) which reflects the well-known principle of “no taxation without representation”. The American founding fathers parted ways with Britain because the British had failed to uphold the Magna Carta (Great Charter) in the thirteen American colonies. What can Israel and Gaza learn from the Magna Carta?
Background
The original Magna Carta dates back to 1215. According to Wikipedia, it was a royal charter signed at Runnymede near Windsor to make peace between King John of England and a group of rebel barons.
The Magna Carta included immunity from illegal imprisonment and limits on feudal payments to be implemented through a council of 25 barons.
Subsequently, refined versions of the Magna Carta evolved culminating in the definitive version issued by King Edward 1 in 1297 as the price for levying more taxes. Parts of the 1297 Magna Carta remain in force in the UK to the present day and it influenced the US constitution.
What does the Magna Carta say?
The Magna Carta was written in Latin and later in Norman French. Here are a few translated extracts from the US National Archives:
“(28) No bailiff is henceforth to put any man on his open law or on oath simply by virtue of his spoken word, without reliable witnesses being produced for the same.
“(29) No freeman is to be taken or imprisoned or deprived of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgment of his peers or by the law of the land. To no one will we sell or deny of delay right or justice.
“(30) All merchants, unless they have been previously and publicly forbidden, are to have safe and secure conduct in leaving and coming to England and in staying and going through England both by land and by water to buy and to sell, without any evil exactions, according to the ancient and right customs, save in time of war.
“(37) Scutage (= tax in lieu of military service) furthermore is to be taken as it used to be in the time of King Henry our grandfather, and all liberties and free customs shall be preserved to... earls, barons, and all others.
“All these aforesaid customs and liberties which we have granted to be held in our realm in so far as pertains to us are to be observed by all of our realm, both clergy and laity... Moreover, we grant to them for us and our heirs that neither we nor our heirs will seek anything by which the liberties contained in this charter might be infringed or damaged, and should anything be obtained from anyone against this, it is to count for nothing and to be held as nothing.”
Comments – Gaza
There hasn’t been an election in Gaza and in the Palestinian Authority’s region for many years. Can any of these Anglo-American democratic values be transplanted into Gaza? Can Hamas’s system of justice be rectified? And can the perpetrators of the October 7 atrocities be brought to speedy justice?
Our view, which is a stick-and-carrot approach, may help: Democratic representation plus economic development – especially of Gazan offshore gas – in return for full peace. The Gaza gas investment funds and gas proceeds should be strictly controlled and administered by financial technocrats.
Comments – Israel
Article 28 of the Magna Carta is especially pertinent: “No bailiff is henceforth to put any man on his open law or on oath simply by virtue of his spoken word, without reliable witnesses being produced for the same. Article 29 is equally relevant, “To no one will we sell or deny of delay right or justice.”
This suggests that the Israeli justice system should remain impartial and quick to provide justice, free from outside influences. To allay concerns about the judiciary taking the law into its own hands, consider a US-style constitution to lay down binding principles.
In short, does the day after the war start with the Magna Carta from 800 years ago?
leon@hcat.coLeon Harris is an accountant at Harris Consulting & Tax Ltd.