UN-Truth

The latest report by Richard Falk, Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, transmitted through the United Nations Secretary-General (document A/64/328), dated 25 August but presented by Falk himself to the UN General Assembly’s Third Committee at UNHQ/NY this week, says that:

“On Palestinian self-determination, the most fundamental international human right whose realization has been thwarted by Israeli occupation of Palestinian territories is the inalienable right of self-determination as enshrined in article 1 of both international human rights covenants. It has been widely assumed that the exercise of this Palestinian right would be brought about through bilateral negotiations, reinforced by the role of the United States, more recently by the Quartet (that has involved direct United Nations participation) and encouraged by the international community as a whole. Because the exercise of this right has been so long deferred and because the Palestinian situation under occupation endures multiple forms of unlawfulness, it is of utmost urgency to work towards a peaceful solution and an end to Israeli occupation.

“The main negative development [bearing on the right of self-determination] is the seeming unwillingness of the recently elected Israeli Government to endorse in clear terms the international consensus on a sovereign Palestinian State comprising the West Bank, Gaza, and East Jerusalem as its capital; the inability on the Palestinian side to achieve unified and legitimated representation that would seem to be a precondition for meaningful peace negotiations is another negative development.

“This set of conditions has led in recent months to the advocacy of an imposed solution by external parties, often known as ‘the Solana Plan’ because of the prominence accorded to proposals made along these lines by Javier Solana. At present, neither public opinion nor leaders in Israel or Palestine are favourable to an imposed solution, and its advocacy must be considered a negative development, inconsistent with the right of self-determination, and an expression of frustration arising from the seeming futility of direct negotiations” …

On 11 July, Javier Solana, the European Union’s High Representative for a Common Security and Foreign Policy, suggested in a speech in London that “A state is essentially a geographical space over which a legitimate government has control over population and natural resources. So we must first define the space. This means borders. And if we insist so forcefully on the need to freeze Israeli settlements, it is precisely because their continuing expansion is an obstacle to the design of this physical space. Settlements not only cast doubts on the viability of any Palestinian State. They add, in their day-to-day lives, to the frustration of the Palestinian people. Let me give you some figures. In 1993, when the Oslo agreement was reached, there were 75.000 settlers in the West Bank. In 2008, there were 290.000 of them. In 2008, the Israeli population inside the Green Line grew 1,6%. The number of settlers increased by 4,9%. In addition, the situation in Gaza is unacceptable. Changing the realities there is a pre-requisite for re-uniting the land and the people that will form the future Palestinian state. Whether we like it or not, Hamas will have to be part of the solution. I want to thank Egypt for their work on that. Defining the borders would solve the issue of territory, control over water resources and a good part of the equation for Jerusalem. And it will help tackle the question of settlements.   Because it will establish on which side each various population centres will be. The point of departure are the 1967 borders.  Territorial exchanges can be negotiated between the parties, on the basis of the 1967 line. The various territorial offers fluctuate between 6 and 2%. It should not be impossible to find a figure. The parties can negotiate within this margin, not outside.  Nobody rejects the 1967 borders as a basis for negotiation. The Arab League accepts them. The EU has said the same. The United States have also made clear its attachment to them. I have spelt out the broad coalition which is behind this effort. There will be no solution without an active Arab contribution. The Arab Peace Initiative is key. Maybe it has to be made more operative Its binary character – all or nothing – has to be nuanced. But having the Arab countries reacting in a positive way, with concrete actions, to every step will contribute immensely to success. The next ingredient for success is a real mediation. The parameters are defined. The mediator has to set the timetable too. If the parties are not able to stick to it, then a solution backed by the International community should will be put on the table. After a fixed deadline, a UN Security Council resolution should proclaim the adoption of the twostate solution. This should include all the parameters of borders, refugees, Jerusalem and security arrangements. It would accept the Palestinian state as a full member of the UN, and set a calendar for implementation. It would mandate the resolution of other remaining territorial disputes and legitimise the end of claims. International monitoring will then be crucial. As will be guarantees and contributions offered by the international parties regarding security, economic aid and refugees. We all will have to make deposits to that end. Arab states would immediately establish full diplomatic relations with Israel”.

Filed under: Boundaries & Borders, Human Rights, International Law, Israel, Middle East Peace Process, Palestine & Palestinians, United Nations