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Crunch Year Ragbag - Part I
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UNITED
NATIONS S
Security
Council
S/PV.6484
18 February 2011
Provisional
Security Council
Sixty-sixth year
6484th meeting
Friday, 18 February 2011, 3 p.m.
New York
President: Mrs. Viotti (Brazil)
Agenda
The situation in the Middle East, including the
Palestinian question
The meeting was called to order at 3.55 p.m.
Adoption of the agenda
The agenda was adopted.
The President: I should like to inform the Council that I have received
a letter dated 18 February 2011 from the Permanent Observer of
Palestine to the United Nations, which will be issued as document
S/2011/79 and which reads as follows:
The Council came to that conclusion dozens of years ago, and has
since reiterated it in many resolutions on settlement activity.
If anyone still has any doubts as to the illegality of settlement activity,
the July 2004 advisory opinion of the International Court of Justice on
the wall concluded that
“the Israeli settlements in the occupied Palestinian Territory
(including East Jerusalem) have been established in breach of
international law” (see A/ES-10/273, para. 120).
Against:
The President: There were 14 votes in favour and 1 against. The draft
resolution has not been adopted, owing to the negative vote of a
permanent member of the Council.
I shall now give the floor to those members who wish to make
statements after the vote.
Ms. Rice (United States of America): The United States has been
deeply committed to pursuing a comprehensive and lasting peace
between Israel and the Palestinians. In that context, we have been
focused on taking steps that advance the goal of two States living side
by side in peace and security, rather than complicating that goal. That
includes a commitment to work in good faith with all parties to
underscore our opposition to continued settlements.
Our opposition to the resolution before this Council today should
therefore not be misunderstood to mean we support settlement
activity. On the contrary, we reject in the strongest terms the
legitimacy of continued Israeli settlement activity. For more than four
decades Israeli settlement activity in territories occupied in 1967 has
undermined Israel’s security and corroded hopes for peace and
stability in the region. Continued settlement activity violates Israel’s
international commitments, devastates trust between the parties and
threatens the prospects for peace.
The United States and our fellow Council members are also in full
agreement about the urgent need to resolve the conflict between the
Israel and the Palestinians on the basis of the two-State solution and
an agreement that establishes a viable, independent and contiguous
State of Palestine once and for all. We have invested a tremendous
amount of effort and resources in pursuit of that shared goal, and we
will continue to do so. But the only way to reach that common goal is
through direct negotiations between the parties, with the active and
sustained support of the United States and the international
community. It is the Israelis’ and Palestinians’ conflict, and even the
best-intentioned outsiders cannot resolve it for them.
Therefore, every potential action must be measured against one
overriding standard: whether it will move the parties closer to
negotiations and an agreement. Unfortunately, this draft resolution
risks hardening the positions of both sides. It could encourage the
parties to stay out of negotiations and, if and when they did resume, to
return to the Security Council whenever they reached an impasse.
In recent years, no outside country has invested more than the United
States of America in the effort to achieve Israeli-Palestinian peace. In
recent days we offered a constructive alternative course forward that
we believe would have allowed the Council to act unanimously to
support the pursuit of peace. We regret that this effort was not
successful and thus is no longer viable.
The great impetus for democracy and reform in the region makes it
even more urgent to settle this bitter and tragic conflict in the context
of a region moving towards greater peace and respect for human
rights. But there simply are no shortcuts. We hope that those who
share our hopes for peace between a secure and sovereign Israel and
Palestine will join us in redoubling our common efforts to encourage
and support the resumption of direct negotiations.
While we agree with our fellow Council members — and indeed with
the wider world — about the folly and illegitimacy of continued Israeli
settlement activity, we think it unwise for this Council to attempt to
resolve the core issues that divide Israelis and Palestinians. Therefore,
regrettably, we have opposed this draft resolution.
Sir Mark Lyall Grant (United Kingdom): I am delivering this
statement on behalf of the United Kingdom, France and Germany.
The United Kingdom, France and Germany are seriously concerned
about the current stalemate in the Middle East peace process. We each
voted in favour of the draft Security Council resolution because our
views on settlements, including in East Jerusalem, are clear: they are
illegal under international law, are an obstacle to peace and constitute
a threat to a two-State solution. All settlement activity, including in
East Jerusalem, should cease immediately.
Our primary goal remains a just and lasting resolution to the Israeli-
Palestinian conflict. We will continue to work actively to turn this
ambition into reality: the creation of a sovereign, independent,
democratic, contiguous and viable Palestinian State, living in peace
and security side by side with Israel. Our views are clearly set out in
the European Union Foreign Affairs Council conclusions, most recently
in December 2009 and December 2010.
We believe that Israel’s security and the realization of the Palestinians’
right to statehood are not opposing goals. On the contrary, they are
intimately entwined objectives. We therefore call on both parties to
return as soon a possible to direct negotiations towards a two-State
solution on the basis of clear parameters.
For those negotiations to be successful, they will need to achieve an
agreement on the borders of the two States, based on 4 June 1967
lines, with equivalent land swaps as may be agreed between the
parties. They will need to achieve security arrangements that for
Palestinians respect their sovereignty and show that the occupation is
over, and for Israelis protect their security, prevent the resurgence of
terrorism and deal effectively with new and emerging threats. The
negotiations must achieve a just, fair and agreed solution to the
refugee question, and they must fulfill the aspirations of both parties
for Jerusalem. A way must be found through negotiations to resolve the
status of Jerusalem as the future capital of both States.
Despite the challenges ahead, the key elements of a solution are well
known. Thanks to work commended by the international community as
a whole, the Palestinian Authority has developed the capacity to run a
democratic and peaceful State, founded on the rule of law and living in
peace and security with Israel. Further delay will reduce, rather than
increase, the prospects for a solution. We therefore look to both parties
to return to negotiations as soon as possible on that basis.
Our goal remains an agreement on all final status issues and the
welcoming of Palestine as a full Member of the United Nations by
September 2011. We will contribute to achieving that goal in any and
every way that we can.
Mr. Churkin (Russian Federation) (spoke in Russian) : The Russian
Federation voted in favour of the draft resolution. Given our
fundamental position, we will not accept any unilateral actions that
prejudge the outcome of negotiations on final status issues. We
strongly urge the Government of Israel at last to comply with the
demands of the international community and to stop settlement
activity, which violates the norms of international law and hinders the
resumption of Palestinian-Israeli negotiations.
Unfortunately, no unanimity was achieved among Security Council
members today, and the draft resolution was not adopted. However,
the issue of Israeli settlement activity remains on the agenda, and the
urgency of solving the issue will only increase.
As a permanent member of the Security Council and a member of the
Quartet of Middle East mediators, Russia consistently continues to
advocate a prompt resumption of direct dialogue between the parties
by cooperating with regional and international partners in seeking a
just and comprehensive peace settlement in the region, in accordance
with Security Council resolutions, the Madrid principles and the Arab
Peace Initiative.
We hope that by implementing the still relevant Russian proposal to
send the first-ever full Security Council mission to the Middle East will
be a useful practical contribution towards assisting the peace process.
Mr. Moraes Cabral (Portugal): Portugal’s position on Israeli
settlements in the occupied Palestinian territory is well known. We
have repeatedly stated that settlements, including in East Jerusalem,
are illegal under international law and an obstacle to peace. That has
also been the consistent position of the European Union. So it would
not surprise the Council if my statement follows that of France,
Germany and the United Kingdom closely.
Settlements thwart attempts to move the negotiations process
forward. They also erode the prerequisites of the two-State solution, a
goal to which we remain firmly committed. All settlement activities in
East Jerusalem and the rest of the West Bank, including natural growth,
should cease immediately.
Our ultimate goal remains that of a lasting, just and comprehensive
peace in the Middle East, based on the creation of a sovereign,
independent, democratic, contiguous and viable Palestinian State living
side by side with Israel and its other neighbours in peace and security.
Therefore, we call on both parties to return as soon as possible to
direct negotiations towards an agreement on all core issues by
September 2011. The parameters of a final status agreement are
known to all, namely, a Palestinian State based on the 4 June 1967
borders; a security arrangement that fully respects the sovereignty of
the Palestinian State, while protecting the security of both Palestinians
and Israelis; Jerusalem as the capital of the two States, in accordance
with modalities to be negotiated between the parties on its status; and
finally, a just, fair and agreed solution to the refugee problem.
The Palestinian Authority has worked diligently in preparing for
statehood. In doing so, it has proved itself a dependable partner and
demonstrated its capacity to assume full sovereignty as an
independent, democratic and peaceful State living in peace with Israel.
As I have previously stated, it is essential that the parties urgently
resume direct negotiations. Our aim is an agreement on all final status
issues. With that in mind, we look forward to active international and
regional diplomatic efforts so that we can indeed welcome Palestine as
a full Member of the United Nations by September 2011.
Mr. Li Baodong (China) (spoke in Chinese): China voted in favor of
the draft resolution drawn up by Arab States on the Israeli settlements.
We deeply regret that the draft resolution was not adopted.
China has always firmly supported the just cause of the Palestinian
people to gain legitimate national rights. At present, Israel continues to
build settlements, which has become a major obstacle to mutual trust
and the resumption of peace talks between Palestine and Israel.
China resolutely opposes Israel’s construction of settlements and the
separation wall in the occupied Palestinian territory, including the West
Bank and East Jerusalem. We firmly support the legitimate demands of
the Palestinian people. China has always maintained that, on the basis
of the relevant United Nations resolutions, the principle of land for
peace, the Arab Peace Initiative and the Road Map to Middle East
peace, Palestine and Israel should conduct dialogue and negotiations
to settle differences so as to ultimately establish an independent State
of Palestine, with the two countries living side by side in peace.
China supports the Security Council playing its due role in the Middle
East peace process. We also hope that the Quartet meeting to be held
on the question of the Middle East will achieve a positive outcome and
will help break the stalemate in the Middle East process.
Mr. Sangqu (South Africa): My delegation regrets that the Council was
unable to adopt the draft resolution before it today. South Africa voted
in favour of the draft resolution, as we joined those that believe that
the illegal Israeli settlement activity has become an obstacle to moving
the peace process forward.
The continued illegal settlement-building changes the geographical
composition of Palestine and has the potential to render the desire to
bring about a two-State solution impossible, which is in line with the
overwhelming call for the creation of the sovereign, independent,
viable and contiguous State of Palestine, coexisting peacefully
alongside the State of Israel on the basis of the 1967 borders, with East
Jerusalem as its capital.
The Council has an obligation to ensure that the peace process moves
forward and that a final settlement can be reached between the
parties. The Council should therefore respond to obstacles, such as the
illegal settlement activity, which hampers the peace process, and thus
poses a threat to international peace and security.
Despite the failure of the Council to act, the peace process must move
forward after today. Both parties are still under the obligation to
comply with their previous agreements and obligations in terms of the
Quartet Road Map, which includes those on illegal settlements. In that
regard, we call on Israel to immediately and completely cease all
settlement activities in the occupied Palestinian territory, including
Jerusalem.
The draft resolution called on the parties to continue their negotiations
on final status issues, which include questions on Jerusalem,
settlements, borders and refugees. It is imperative that the parties do
not abandon the path of negotiations. We in the international
community have an obligation to support the parties in their
endeavour to reach that goal.
Mr. Osorio (Colombia) (spoke in Spanish): In noting the results of the
voting on the draft resolution submitted for the Council’s consideration,
on which Colombia voted in favour, I would like to reaffirm my
country’s conviction that the appropriate path to achieve a lasting
peace between the peoples of Israel and Palestine and the coexistence
of the two States is a negotiated solution, not hostile confrontation.
We voted in favour of the draft resolution, as we have done on other
occasions on this issue, because we believe that settlements
contravene international law and do not comply with the agreements
under the Road Map and the negotiations promoted by the Quartet.
We support bilateral, direct negotiations between Pelestinians and
Israelis as the only possible way to resolve the existing differences. We
share the vision of the creation of two democratic States living in
peace and with defined, recognized and safe borders. We firmly
believe in the need for both parties to act in keeping with international
law and to comply with their respective commitments and obligations.
For Colombia the fundamental principles in the peaceful settlement of
disputes are the obligation not to use force in international relations,
and the free determination of peoples. Israelis and Palestinians cannot
continue to be bogged down in confrontation without confidence. We
vigorously call on them to maintain and intensify the talks between the
parties on the basis of mutual respect and recognition of the identity
and rights of each people. The Palestinians have the right to their own
State that lives in peace with Israel and progresses toward common
prosperity.
Ms. Čolaković (Bosnia and Herzegovina): Bosnia and Herzegovina
voted for the draft resolution, and I wish to explain our position.
Bosnia and Herzegovina is and will remain committed to the two-State
solution, with the State of Israel and an independent, democratic and
viable State of Palestine living side by side in peace and security. We
consider that to be a basic precondition for achieving lasting peace and
security in the region.
One of the main obstacles to achieving that goal is the settlement
activities on occupied land, which are illegal under international law
and are contrary to Israel’s obligation under the Road Map. Bosnia and
Herzegovina calls upon Israel to respond positively to appeals by the
international community and end all settlement activities in occupied
Palestinian territories, including Jerusalem.
Furthermore, we urge the parties to take the necessary decision to
overcome the current obstacles in the peace process as the only way
to secure a better future for their peoples through a resumption of
direct talks.
Mr. Onemola (Nigeria): This Council has consistently expressed
concern over the situation in the Middle East, including the continued
Israeli settlement activities in the West Bank and East Jerusalem. This
issue is of serious concern to my delegation because of its implication
for peace and security in the region. We view the cessation of
settlement activities as a confidence-building measure with the
potential to return the parties to the negotiating table. We therefore
felt constrained to vote in favour of the draft resolution, and we regret
that it was not adopted.
We reiterate that it is time for the parties to this dispute to
demonstrate their undivided commitment to peace. They should
remove all obstacles to the resumption of direct negotiations to resolve
persistent permanent status issues. The Council, for its part, should
continue its supporting role in the peace process, fostering security
and stability within the occupied Palestinian territory.
For our part, we shall remain firmly committed to the goal of seeing a
secure State of Israel living side by side in peace and security with an
independent State of Palestine with recognized borders.
While peace in the Middle East is attainable, it must come on the back
of sustained political will and commitment. The Middle East needs
peace. The world needs peace.
Mr. Manjeev Singh Puri (India): Consistent with our long-standing
position of solidarity with the Palestinian people and our position that
the settlements in the occupied Palestinian territories are illegal under
international law, India co-sponsored the draft resolution and voted in
its favour. It is our sincere hope and expectation that wiser counsel will
prevail among the parties concerned and that the path of dialogue will
be the path followed to realize peace in the region.
Even though the Council today could not adopt the resolution, we
expect that the sentiments expressed by its members will impel the
parties to serious introspection and to the realization that the only way
to resolve the problem is to restart talks on all pending issues so that a
lasting peace is established and that — as mentioned by many in the
Council today — by September 2011 we can welcome to the
international community an independent, viable and united State of
Palestine, living within secure and recognized borders, with East
Jerusalem as its capital, side by side and at peace with Israel.
Mr. Moungara Moussotsi (Gabon) (spoke in French): My delegation
voted in favour of the draft resolution submitted by the non-aligned
countries to encourage the two parties to resume direct talks with a
view to a lasting peace in the Middle East. We thus invite the State of
Israel and Palestine to overcome all differences and to come to an
agreement with a view to resuming direct negotiations and to work
towards a just and lasting peace, with the ultimate goal of creating a
Palestinian State living side by side with Israel within secure and
internationally recognized borders.
The President: I shall now make a statement in my national capacity
as representative of Brazil.
The peaceful resolution of the question of Palestine is, arguably, the
single most important objective for peace and stability in the world. For
its part, the continued expansion of Israeli settlements in the occupied
Palestinian territory became the most important obstacle to concrete
progress in negotiations leading to a just and durable solution to this
question. It is therefore only natural that the Security Council deal with
this issue in a manner consistent with its primary responsibility for
international peace and security. We welcome an increased
engagement by the international community, including through the
Security Council, in this matter.
The draft resolution that we had before us today restated that all
Israeli settlement activities in the occupied Palestinian territory,
including East Jerusalem, are illegal and constitute a major obstacle to
the achievement of peace on the basis of the two-State solution. It
recalled Israel’s obligations under the Road Map endorsed by
resolution 1515 (2003). It also called for the immediate resumption of
credible negotiations.
Brazil co-sponsored the draft resolution not only because we fully
agreed with its content, but also because we firmly believe it could
help us achieve the two-State solution and therefore contribute to the
long-term security and stability of the whole region, including Israel. In
seeking to advance the peace process, we also have in mind Israel’s
right to live in security, free of attacks and threats to its existence.
Brazil and Israel are good friends and important partners, both
bilaterally and through MERCOSUR.
We also co-sponsored the draft resolution because its adoption would
have sent some urgent key messages. The first is that continued
disregard for international obligations relating to settlement
construction poses a threat to peace and security in the region.
Second, halting settlement activities should be seen not as a
concession but as the lawful conduct under international law. Third,
unilateral action shall not prevail. Upholding international law is always
in the interest of peace. The Security Council cannot settle for less.
Over the years, Brazil has supported the fulfillment of the legitimate
aspirations of the Palestinian people for a cohesive, secure, democratic
and economically viable State within the 1967 borders and with East
Jerusalem as its capital, living side by side and in peace with the State
of Israel. As we have strengthened our diplomatic relations with all
countries in the region, we have also deepened our commitment to
stability in the Middle East, our condemnation of all forms of terrorism
and our conviction that the peace process must be accelerated.
Brazil’s recent recognition of the Palestinian State is fully consistent
with our willingness to contribute to a just and lasting solution to the
question of Palestine. As explicitly indicated at that time, that decision
did not mean abandoning the conviction that negotiations between
Israelis and Palestinians are indispensable. On the contrary, we see it
as a stimulus for further negotiations. Only dialogue and peaceful
coexistence with all neighbours can truly advance the Palestinian
cause.
Many years of negotiating efforts have produced a substantial basis
upon which progress can be achieved. It is our hope that the more
intensive schedule of meetings of the Quartet indicates a willingness to
take concrete steps that will lead to an agreement on the final status
issues by September.
We believe that the inclusion of more countries in the peace process,
including developing countries from outside the region and with good
relations with all parties, would bring a breath of fresh air to the peace
process. Brazil stands ready to participate in and support those efforts.
We have been making our contribution to the Palestinian Authority’s
State-building efforts, including through bilateral and IBSA — India,
Brazil and South Africa — cooperation.
In times of unprecedented change in the Middle East, it is even more
urgent that progress be made on the Israeli-Palestinian peace process.
Now more than ever, the brighter the perspectives for Palestinian
statehood, the greater the chances that the region will advance more
steadily towards stability and democracy.
Halting the construction of settlements would be a clear signal of
political will to engage in serious negotiations. To achieve an
agreement, difficult political decisions will be required. Brazil is
confident that the Israeli and the Palestinian leadership will display
statesmanship and will be ready to make the painful concessions
needed for the next generations to enjoy the benefits of peace.
I now resume my functions as President of the Council.
I give the floor to the Permanent Observer of Palestine.
Mr. Mansour (Palestine): I wish to thank you, Madame President, for
convening this important meeting. I wish to express our deep
appreciation for your principled, sincere efforts in this process in your
national capacity and in your capacity as the President of the Security
Council this month.
I also wish to thank Bosnia and Herzegovina for its skilled stewardship
of the Security Council in January, particularly during the Council’s
open debate on 19 January (see S/PV.6470 and Resumption 1) and
throughout the series of consultations undertaken on the draft
resolution on Israeli settlements in the occupied Palestinian territory,
including East Jerusalem, on which the Council has just taken action.
At this time, I also wish to express Palestine’s deep appreciation and
gratitude to Lebanon, the Arab representative on the Security Council,
for its principled efforts and unwavering support throughout this
important exercise.
We also wish to thank the Arab Group for their serious consideration of
this matter, their constant coordination and their strong support. We
express appreciation for the able leadership of the Chairs of the Arab
Group since we began this exercise in December 2010. In that context,
we also extend our appreciation to the important and sincere efforts of
the Arab League Follow-up Committee and its Chair, Qatar, at all levels
in the region, in Cairo and here in New York.
We must also express our appreciation and gratitude to the members
of the Non-Aligned Movement (NAM) and the Organization of the
Islamic Conference and to the Chairs, Egypt and Tajikistan, for their
sincere efforts and their valuable support and solidarity with Palestine.
In that regard, we also convey our thanks to the members of the NAM
caucus of the Security Council for their consideration and support on
this most important issue.
Of course, Palestine also wishes to extend its deep gratitude to all of
the countries that co-sponsored the draft resolution, from all corners of
the world — from Africa, Asia, Europe and Latin America. Their strong
and principled support was invaluable and illustrated to us once again
the importance, weight and necessity of a collective effort and position
in our work in the international arena as we strive to uphold
international law and make peace and justice a reality.
When we decided to come to the Security Council to address the
critical and dangerous issue of Israel’s ongoing illegal settlement
campaign throughout the occupied Palestinian territory, including East
Jerusalem, we did so with a sensible draft resolution reflecting agreed
language and principles. That represented a responsible and serious
attempt on our part, along with the entire international community, to
address the issue of illegal Israeli settlement activities in order to
remove that obstacle from the path of the peace process.
Our overarching goals remain to bring an end to the Israeli colonization
and occupation of our land and its destruction of the two-State
solution, and to create the appropriate environment and dynamics for
the conduct and ultimate success of genuine peace negotiations for
the achievement of the two-State solution for peace in accordance with
the relevant Security Council resolutions, the Madrid principles,
including the principle of land for peace, the Arab Peace Initiative and
the Quartet Road Map.
Unfortunately, however, the Security Council has failed to uphold its
responsibilities to respond to the crisis in the long search for peace and
security in the Middle East and to legislate the existing global
consensus in demanding that Israel, the occupying Power, immediately
and completely cease all settlement activities in the occupied
Palestinian territory, including East Jerusalem.
We reiterate that it is high time to send a clear and firm message to
Israel that it must comply with its international legal obligations,
including in accordance with the relevant Security Council resolutions,
and cease all of its violations and its obstruction of the peace process.
Israel, the occupying Power, should not question the determination of
the international community to bring an end to those violations,
including its illegal settlement campaign, including in occupied East
Jerusalem. The proper message that should have been sent by the
Security Council to Israel, the occupying Power, is that its contempt of
international law and the international community will no longer be
tolerated.
We fear, however, that the message sent today may be one that only
encourages further Israeli intransigence and impunity. That must be
remedied. Otherwise, we will face a situation in which Israel’s illegal,
reckless and expansionist campaign will put in final jeopardy the
prospects for achieving our collective goal, the goal that will bring
peace and security to our region: the two-State solution for the peace
of an independent and viable State of Palestine living side by side with
Israel on the basis of the 1967 borders.
Despite the negative outcome today — and of course, we appreciate
the positive votes of the 14 countries that voted in favour — we are
calling and will continue to call on the Security Council to uphold its
duties and responsibilities vis-à-vis the question of Palestine, because
we believe in international law and in the central role of the Council in
maintaining international peace and security. The Council must
undertake this role seriously and consciously in the Middle East in its
ongoing attempts to resolve the Arab-Israeli conflict, the core of which
remains the Palestinian-Israeli conflict.
The situation on the ground in the occupied Palestinian territory,
including East Jerusalem, is intolerable and the status quo is untenable.
We must continue to uphold our duties towards our people and our just
cause, and will thus continue to consider all of our options at the
United Nations in order to address all of the critical issues we face and
to promote the achievement of a just, lasting and comprehensive
peace settlement. We do this with full conviction and commitment, and
with deepest gratitude and appreciation to all the member States of
the international community whose support and solidarity in this long
search for peace have been so vital and unwavering.
The Palestinian people and their leadership will not forgo their
legitimate national aspirations and will not cease their honourable
efforts to achieve a peaceful resolution of this conflict in all its aspects.
This includes, foremost, bringing a complete end to the Israeli
occupation of the Palestinian land that began in 1967 and the
achievement of the inalienable right of the Palestinian people to self-
determination in their independent State of Palestine, with East
Jerusalem as its capital, where they can live as a dignified and proud
people, enjoying peace, freedom, democracy, security and prosperity
in their homeland.
The President: I now give the floor to the representative of Israel.
Mr. Reuben (Israel): Direct negotiations between Israel and the
Palestinians have been, and still remain, the only way forward to
resolve the long-standing conflict in our region. Therefore, the draft
resolution that was before the Council should never have been
submitted. Instead, the international community and the Security
Council should have called upon the Palestinian leadership, in a clear
and resolute voice, to immediately return to the negotiating table
without preconditions and to renew direct negotiations in order to
resolve all outstanding issues. This is the way to achieve peace.
Indeed, this is the path through which we have reached peace
agreements in the past.
Today’s debate will not assist efforts to bring both sides back to the
negotiating table. In fact, this process, in its adversarial nature, is likely
to harm ongoing attempts to resume negotiations. It sends the wrong
message to the Palestinians, signalling that they can avoid the
negotiating table.
Time and time again, Israel has demonstrated its willingness to take
significant steps — indeed, painful steps — to rebuild confidence
between the two sides. However, these efforts were not met with
similar steps by the other side. Furthermore, Israel’s withdrawal from
the Gaza Strip in 2005, including the painful dismantling of all
settlements, has led to an increase in terror and violence from the
areas that we left.
However, Israel continues to demonstrate its willingness to renew
talks, with the express goal of resolving all outstanding issues. Prime
Minister Netanyahu has called upon the Palestinian leadership to return
to the negotiating table and engage in peace talks in good faith. This
goal is within reach, but will require painful compromises. The road to
peace lies between Jerusalem and Ramallah, which are only 10
minutes apart.
In the Declaration of Principles and the Israeli-Palestinian Interim
Agreement on the West Bank and the Gaza Strip, settlements are but
one of the outstanding issues that both sides have explicitly agreed to
address as part of final status negotiations. Any effort to predetermine
a central, permanent State issue in effect prejudges what was agreed
to be directly negotiated between the two sides.
Furthermore, it is not fitting or constructive to isolate this single issue
from all other core matters, such as the security arrangements,
refugees and incitement, as well as the need to address the relentless
rocket fire on Israel by Hamas, which controls the Gaza Strip.
As the Middle East continues to undergo dramatic and historic
changes, one wonders whether the issue before us is really the most
relevant for discussion in this Chamber. In conclusion, we would like to
thank the United States for its long-standing and responsible
leadership in this process. Its vote today reflects the understanding
that the only way forward is through direct negotiations between Israel
and the Palestinians. We reiterate our call to the Palestinian leadership
to return to the negotiating table without preconditions, so that
negotiations can resume without further delay.
The President: There are no more speakers inscribed on my list. The
Security Council has thus concluded the present stage of its
consideration of the item on its agenda.
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Statement by United Nations High Commissioner for
Human Rights, Navi Pillay
11 February 2011
Jerusalem
Good afternoon,
United Nations
A/HRC/16/72
General Assembly Distr.:
General
10 January
2011
Original:
English
Human Rights Council
Sixteenth session
Agenda item 7
Human rights situation in Palestine
and other occupied Arab territories
Summary
The report addresses Israel’s compliance with its obligations under
international law, in relation to the situation in the Palestinian
territories that it has occupied since 1967. Israel’s persistent lack of
cooperation with the fulfilment of the mandate of the Special
Rapporteur, as well as other United Nations human rights mechanisms,
is highlighted. The Special Rapporteur focuses attention on concerns
regarding the expansion of Israeli settlements, in particular in East
Jerusalem, the consequences of the Israeli blockade of the Gaza Strip
and the treatment of Palestinian children detained by Israeli
authorities.
Contents
Paragraphs
Page
I.
Introduction........................................................................................................
............... 1–9 3
II. Reviving the direct peace
talks......................................................................................... 10–13 6
III. Continuing expansion of settlements in the occupied Palestinian territories
…………….. 14–19 8
A. The de facto annexation of East
Jerusalem...................................................................….15–16 9
B. Expulsions from East Jerusalem as a means to
annexation .......................................... 17–19 10
IV. West Bank roads and international complicity in perpetuating the
occupation………...20–22 11
V. Continuation of the Gaza
blockade ...............................................................................23–25 13
VI. Abuse of children by Israeli authorities in the occupied
territories..............................26–31 14
VII.
Recommendations..............................................................................................
..............32 17
I. Introduction
1. Unfortunately, the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967 needs to again
call to the attention of the membership of the Human Rights Council
the continuing refusal of the Government of Israel to allow the
Rapporteur to visit the occupied Palestinian territories. Repeated
attempts have been made to engage the Government of Israel in
discussion with the hope of reversing the policies that led to the
detention and expulsion of the Special Rapporteur from Ben-Gurion
Airport on 14 December 2008, but so far without any response. Efforts
will be made to seek the necessary cooperation of the Government of
Israel in relation to the obligation of the Special Rapporteur to
discharge official undertakings of the United Nations. Such cooperation
should be understood as a fundamental legal obligation incident to
membership in the Organization.
2. As repeated efforts to call this situation to the attention of the
Human Rights Council and the General Assembly have to date
produced no positive results, the Special Rapporteur appeals on the
occasion of this report for a more robust attempt to secure the
cooperation of the Government of Israel. It should be recalled that
Article 104 of the Charter of the United Nations declares that the
Organization “shall enjoy in the territory of each of its Members such
legal capacity as may be necessary for the exercise of its functions and
the fulfilment of its purposes”. Article 105, paragraph 2, specifies that
those who represent the United Nations shall enjoy in the territory of
State Members: “such privileges and immunities as are necessary for
the independent exercise of their function in connexion with the
Organization”. These provisions were elaborated in the Convention on
the Privileges and Immunities of the United Nations, adopted by the
General Assembly on 13 February 1946, and then implemented via the
Agreement between the Swiss Federal Council and the Secretary
General of the United Nations, dated 19 April 1946. Article VI, Section
22, thereof, entitled “Experts on Missions for the United Nations”, is
particularly relevant, setting forth the rather extensive duties of
Members to cooperate with such representatives as special
rapporteurs and to avoid interfering with their independence.
3. It should be pointed out that the Government of Israel has also not
cooperated with other recent important initiatives of the Human Rights
Council relating to the occupied Palestinian territories, including the
report of the United Nations Fact-Finding Mission on the Gaza Conflict
(A/HRC/12/48) and the report of the independent international
factfinding mission to investigate violations of international law,
including international humanitarian and human rights law, resulting
from the Israeli attacks on the flotilla of ships carrying humanitarian
assistance (A/HRC/15/21). This pattern of non-cooperation with official
undertakings of the Human Rights Council should produce a concerted
attempt by this organ and the Office of the Secretary-General to do
what can be done to obtain the future cooperation of the Government
of Israel.
4. Closely related to issues associated with non-cooperation are several
outstanding matters bearing on non-implementation. The report of the
International Fact-Finding Mission on the Gaza Conflict on the basis of
its findings of severe and systematic violations of international
humanitarian law recommended that several steps be taken to assess
the accountability of the perpetrators of criminal acts committed
during the Gaza conflict (2008/09). There is currently no sign of any
attempt to mobilize effective support for the implementation of these
recommendations. Moreover, evidence of an Israeli willingness to
impose credible levels of accountability for criminal acts of its soldiers
and leaders in accordance with international standards remains
absent. These conclusions were reaffirmed by the report of the
Committee of independent experts that assessed investigations by
Israel and the Palestinian sides into the Gaza conflict (A/HRC/15/50). In
addition, the same conclusions seem to pertain to the report of the
independent international fact-finding mission on the incident of the
humanitarian flotilla of 31 May 2010.1 Thus, a strong impression is
being formed within the international community that a lack of political
will exists with which to implement recommendations based on
authoritative findings that Israel has been guilty of flagrant violations
of international humanitarian law and international criminal law. This
impression of unwillingness to push forward with implementation
fosters widespread perceptions of impunity with respect to the conduct
of Israel, and in the case of flotilla incident limits and delays the
opportunity of flotilla passengers to pursue remedies for harms
unlawfully inflicted. This dynamic of evasion and delay weakens overall
respect for international law, as well as the credibility of the Human
Rights Council in relation to its own initiatives. More substantively, it
deprives the Palestinian people living under occupation of their rights
to receive the benefits of protection conferred in circumstances of
occupation by international law and, specifically, the Geneva
Convention relative to the Protection of Civilian Persons in Time of War
(Fourth Geneva Convention) and the First Additional Protocol to the
Geneva Conventions of 1949.
5. Given the long duration, the severity and continuing nature of the
violations of many fundamental legal obligations of Israel as the
occupying Power, these failures of implementation of international
humanitarian law are experienced on the ground through various acute
forms of abuse and suffering endured on a frequent, often on a daily,
basis by the civilian population of the occupied Palestinian territories.
Many political leaders have confirmed this assessment in recent
months, and yet the organized international community remains silent.
For instance, the Foreign Minister of Germany, Guido Westerville, after
a recent visit to Gaza declared that the persistence of the blockade
was “not acceptable”.2
6. Furthermore, the report of the Independent International Fact-
Finding Mission on the incident of the humanitarian flotilla found that
the violence used by the Israel Defence Forces when the flotilla was
attacked was “not only disproportionate but demonstrated levels of
totally unnecessary and incredible violence” as well involving “an
unacceptable level of brutality”.3 The report concludes that the Israeli
attack resulted in “grave violations” of international human right and
humanitarian law, as specified in article 147 of the Fourth Geneva
Convention.4 It also solicits cooperation from the Government of Israel
to identify the perpetrators of this violence, whose identity was hidden
by masks worn during the attack on the flotilla. Such information was
being sought “with a view to prosecuting the culpable”. 5 As a result of
these findings, the Government of Israel is obliged to end the blockade
in all its aspects with a sense of urgency, to cooperate in the
identification of perpetrators of the violence and of the leaders
responsible for the underlying policies so that effective procedures of
accountability can be employed and finally to compensate individuals
and surviving family members in appropriate amounts for the unlawful
harm suffered. Moreover, civil society actors that engage in such
missions for genuine humanitarian purposes should be allowed to carry
out their work without interference.
7. The Rapporteur believes that there are important issues of language
that arise from the cumulative effects of Israeli violations of
international humanitarian law, human rights law and criminal law. It
becomes misleading to treat these violations as distinct behavioural
instances disconnected from broader consequences that are either
designed by intention or the natural outcome of accumulating
circumstances (so-called “facts on the ground”). These concerns about
language are accentuated because Israel is the stronger party in
diplomatic settings and generally enjoys the unconditional support of
the United States of America. Indeed, unlawful Israeli behaviour that
starts out as “facts” have over time been transformed into
“conditions”, or in the words of the American Secretary of State, Hilary
Clinton, “subsequent developments” that are treated as essentially
irreversible. Such transformation is true of several aspects of the
occupation, including at a minimum the settlement blocs and
accompanying infrastructure of roads and security zones, as well as
the separation wall. To call appropriate attention to the effects and
implications of these unambiguously unlawful patterns, and their
somewhat perverse ex post facto attempted “legalization” and
“normalization” requires stronger expository language to better
understand the unbridled assault upon Palestinian rights and prospects
for meaningful selfdetermination. It is against this background that
this report has decided to employ such terms as “annexation”, “ethnic
cleansing”, “apartheid”, “colonialist” and “criminality” as more
adequately expressing the actual nature of the situation in the
occupied Palestinian territories. Such labels can be perceived as
emotive, and admittedly require a finding by a court of law to be
legally conclusive. However, such language, in the Special
Rapporteur’s view, more accurately describes the realities of the
occupation as of the end of 2010 than the more neutral-seeming
description of factual developments that disguises the structures of
this occupation which has undermined the rights under international
law of the Palestinian people for 43 years.
8. Against this background, the Rapporteur deems it appropriate at this
time to renew the call of the former Special Rapporteur on the
occupied Palestinian territories, John Dugard, for a referral of the
situation to the International Court of Justice for an authoritative
decision as to whether, “elements of the [Israeli] occupation constitute
forms of colonialism and of apartheid”.6 It should be emphasized that
the crime of apartheid is no longer attached to the racist policies of the
South African regime that generated the International Convention on
the Suppression and Punishment of the Crime of Apartheid. It is now a
crime associated with an “institutionalized regime of systematic
oppression … by one racial group over any other racial group …
committed with the intention of maintaining that regime”.7 The crime
of apartheid is also treated as “a grave breach” of article 85,
paragraph 4 (c), of the First Geneva Protocol, an international treaty
with 169 parties, and widely regarded as universally binding because it
is declaratory of customary international law. As will be illustrated in
the present report, the dual discriminatory structure of settler
administration, security, mobility, and law as compared to the
Palestinian subjugation seems to qualify the long Israeli occupation of
the West Bank as an instance of apartheid. The referral to the
International Court of Justice should also seek clarification as to
whether the pattern of continuing unlawful settlement, manipulation of
residence credentials, expulsions in East Jerusalem qualify as “ethnic
cleansing” and, if so, how this behaviour should be viewed from the
perspective of the international law of belligerent occupation.
9. It is also important to underscore what should be self-evident,
namely, that Israel has State responsibility for all violations of
international humanitarian law in the territories under occupation,
above all, for the settlements. State responsibility cannot be evaded by
delegation or failure to deal with violations of Palestinian rights in the
occupied territories arising from the behaviour of municipal or private
sector actors, as in connection especially with claims of unlawful
settlement building and ethnic cleansing allegations in East Jerusalem.
II. Reviving the direct peace talks
10. At present, there has been a pause in the peace negotiations
between Israel and the Palestinian Authority and feverish diplomatic
efforts are being made to continue discussions between the parties.
These efforts are relevant to the Rapporteur, as the generally accepted
route to the fulfilment of the right of self-determination for the
Palestinian people living under occupation has been to achieve an
Israeli withdrawal in accordance with Security Council resolution 242
(1967) or on the basis of an agreement between the parties. Whether
such negotiations can be effective and legitimate is itself a much
contested question that will not be considered here, nor will the
presumed outcome of establishing an independent Palestinian state in
the occupied territories be assessed from the perspective as to
whether the accumulation of facts on the ground has made such an
outcome unattainable as a practical matter. In a recent report to the
General Assembly (A/65/331), the Special Rapporteur put forth the
argument that the developments in the West Bank and East Jerusalem
have transformed a de jure framework of occupation into a de facto
condition of annexation. The Rapporteur remains convinced that Israeli
settlements, including related infrastructure roads, buffer zones and
the separation wall, continue to be the single most important obstacle
to resuming the peace talks, assuming that such talks can make
constructive contributions to the realization of Palestinian rights, which
is far from self-evident. The Palestinian Authority has repeatedly said
that it would not resume negotiations without an unqualified freeze on
settlement expansion, including East Jerusalem. President Mahmoud
Abbas stated: “We want a complete cessation of settlement
construction. We don’t want to be deceived with another moratorium
or a half moratorium or a quarter moratorium. If they want us to talk to
the direct talks, the settlements must stop completely”.8 The chief
Palestinian negotiator, Saeb Erekat, made the same avowal: “There are
no compromises over settlement construction … The Israeli
government must choose between peace and settlements, because it
can’t combine the two together”.9
11. Further, the Rapporteur believes that there are grounds for concern
with respect to maintaining the rights of the Palestinian people in
relation to the inducements offered to Israel to extend the partial
moratorium on settlement expansion. Since this question is one of
principle, it remains relevant despite the announcement of the
Government of the United States that it will no longer press the
Government of Israel to freeze settlement expansion. It is important to
bear in mind that the unlawfulness of the settlements has been
confirmed over and over again by reference to the textual language of
article 49(6), of the Fourth Geneva Convention, by decisions and
resolutions of the General Assembly and the Security Council and by
numerous statements on the part of respected world leaders.
Therefore, providing Israel with substantive benefits for temporarily
and partially halting an unlawful activity that infringes on Palestinian
prospects for self-determination raises disturbing issues of principle
and precedent. The former American Ambassador to Israel, Daniel
Kurtzer, has referred to such an effort by the United States to renew
the negotiations as designed “to reward Israel for its bad behavior” in
the past and present.10 It is also widely reported that, if Israel accepts
the offer, it will never again be asked to impose a moratorium on
settlement expansion in either the West Bank or East Jerusalem. What
is most relevant here is the disregard of the legal rights of the
Palestinians living under occupation. If a pattern of repeated violation
of rights, as here, is to be treated as a new platform of legality, then a
terrible precedent is being established for these parties and generally.
There can be no positive significance to a negotiating process that
incorporates an acceptance and legitimization of Israeli settlements
and their infrastructure of roads, which constitute a fundamentally
unlawful dimension of the prolonged Israeli occupation of the West
Bank and East Jerusalem. In this respect, only a permanent
commitment to freeze settlement growth would signal the minimal
good faith required to support the belief that peace talks are a viable
path at this stage to reach the essential goals of Palestinian self-
determination and a sustainable peace with security for both peoples.
12. On the matter of Palestinian self-determination, the most basic
right whose exercise is precluded by the continuation of the
occupation, Palestinian Authority has stated that if the talks fail it will
establish a Palestinian state on its own even in the face of the
occupation. President Abbas expressed this view as follows: “If we fail
in [the negotiations], we want to go to the United Nations Security
Council to ask the world to recognize the Palestinian state”.11 This is
consistent with the frequently discussed plans for Palestinian
statehood articulated by the Palestinian Authority Prime Minister,
Salam Fayyad. Mr. Fayyad has announced plans for constructing in the
West Bank the institutional components of Palestinian statehood, and
his efforts have been viewed as credible and impressive in many
independent quarters.12 In Mr. Fayyad’s recent words, “I firmly believe
[Palestinian statehood] can happen. We need to build up a sense of
inevitability about this. I think it will happen next year”.13 A report
issued by the World Bank in October 2010 also encouraged these
expectations, suggesting that if the Palestinian Authority maintains “its
performance in institution-building and delivery of public services …, it
is well-positioned for the establishment of a Palestinian state at any
point in the near future”.14 Nevertheless, it needs to be understood
that such a Palestinian state could be viewed as falling far short of
realizing the minimum content of an acceptable enactment of self-
determination, lacking in resolution of outstanding core issues such as
refugees, Jerusalem, borders, water and settlements. In a notable
recent development, with many legal and political implications, Brazil
and Argentina formally recognized Palestine as a state within its 1967
borders, which in effect, seems to be the territorial vision of Palestinian
self-determination contained in Security Council resolution 242 (1967)
(subject to minor border adjustments, but not sufficient to allow
annexation of the settlement blocs in “exchange” for largely arid land
abutting Gaza, or to transfer Arab villages currently behind the green
line) and encompassing the crucial non-territorial issue of refugees.
13. Another matter of concern for the Rapporteur during the reporting
period is the passage of an Israeli law that would subject any
agreement reached in intergovernmental negotiations to be made
subject to a national referendum unless approved by 80 or more
members of the Knesset.15 If an agreement were to be reached that
embodied the rights and duties of the respective governmental actors,
adding internal requirements of approval by either a parliamentary
super-majority or a national referendum would only unnecessarily
burden that process. Saeb Erekat has gone a step further and stated
that the new legislation “is making a mockery of international law”. 16
States do customarily require some form of legislative endorsement of
international treaty obligations. In this instance, the public validation
by Israel of any agreement reached might add to its political legitimacy
and the likelihood of future respect and, if it failed to gain sufficient
Israeli support, could signal the unsustainability of the agreement.
Thus, this new constraint on the finality of a negotiated settlement can
at best be viewed as ambivalent, and not itself unlawful, although it
might be imprudent, if the objective is to end the conflict through a
negotiated agreement, a position that is increasingly confronted by
doubts.
III. Continuing expansion of settlements in the occupied
Palestinian territories
14. Given the centrality that has been accorded by both sides to the
settlement phenomenon, the Rapporteur believes that more detailed
attention to the facts and legal implications of recent settlement
expansion seems appropriate. The Israeli 10-month selfdelimited
“moratorium” on settlement expansion in the West Bank expired on 26
September 2010, leading to the breakdown of the briefly resumed
peace process and giving rise to lengthy negotiations aimed at re-
establishing the moratorium that have now been abandoned. However,
several points must be noted. First, the 10-month moratorium did not
stop settlement construction but only slowed the pace of expansion in
some parts of the West Bank;17 it did not purport to freeze settlement
construction in occupied East Jerusalem, contending, contrary to the
international legal and political consensus, that the whole of Jerusalem,
as expanded by Israeli law since 1967, is unoccupied, and that the
whole city is the capital of Israel, leaving no part of the city to be
available as the capital of a future Palestinian state. In the West Bank,
settler construction of public facilities such as schools and community
centres as well as thousands of housing units already under
construction continued unabated during the moratorium. Second,
according to the movement Peace Now, a surge of settlement building
took place in the first six weeks following the end of the moratorium on
26 September.18 Further, the settlers managed to start to build 1,629
housing units, and to dig the foundations for 1,116 of them. Work
started in 63 settlements, 46 of them east of the separation wall and
17 on the western side of it. In all of 2009, according to the Israeli
Central Bureau of Statistics data, work on 1,888 new housing units
have started. Had the construction continued at the same speed
without the moratorium, there would have been 1,574 units during the
10-month period. In the six weeks following the end of the freeze, the
settlers managed to start a similar number of units attesting to the
reality that the settlement freeze was no more than a 10-month delay
in the construction.19 In fact, the rate of settlement construction
quadrupled compared to what it had been during the two years before
the moratorium.20 Third, and perhaps most importantly, the underlying
premises of the moratorium were never drawn into question, namely,
that it was a matter of Israeli discretion to initiate or terminate a
settlement freeze. Official diplomacy never considered the relevance
of the continuing violation arising from the presence of the settlements
or the questionable status of the 500,000 Israeli settlers who now
reside in the West Bank and East Jerusalem and benefit from a
preferential legal and administrative structure, which contributes to
the impression of apartheid (as a result of its discriminatory, coercive
and ethnically specified characteristics). In this respect, the magnitude
of the settlement phenomenon, combined with its persistence and
character, also warrant concern that the occupation is a form of
colonialist annexation that has been established with a clear intention
of permanence.
A. The de facto annexation of East Jerusalem
15. The Israeli insistence on excluding East Jerusalem from the partial
moratorium and its overall attitude toward its status is of further
concern to the Rapporteur. Prime Minister Binyamin Netanyahu, along
with other Israeli leaders, has repeatedly confirmed continuing
rejection by Israel of United Nations resolutions and other relevant
aspects of international law recognizing that the occupied Palestinian
territory includes East Jerusalem. Mr. Netanyahu dramatized this point
when he recently stated that “Jerusalem is not a settlement –
Jerusalem is the capital of the State of Israel. Israel has never
restricted itself regarding any kind of building in the city, which is
home to some 800,000 people – including during the 10-month
construction moratorium in the West Bank. Israel sees no connection
between the peace process and the planning and building policy in
Jerusalem, something that hasn’t changed for the past 40 years”.21
Although such an assertion amounts to defiance of international law, it
is a significant expression of Israeli diplomatic posture, casting further
doubt on what could be expected to emerge from a negotiating
process that attempts to foreclose a fundamental Palestinian right to
have the part of historic Jerusalem occupied by Israeli in 1967 as its
national capital. Again, it is disturbing to note the absence of formal
objection by the international community and interested Governments
to such an Israeli posture taken in advance of negotiations.
16. The Rapporteur finds that by December 2010, the pace of
settlement expansion in East Jerusalem had in fact escalated. On 4
November 2010, the Government of Israel issued tenders for 238 new
housing units in the East Jerusalem settlements of Pisgat Zeev and
Ramot22 and the following day announced plans for construction of
1,352 new housing units elsewhere in East Jerusalem. Continued
construction in addition to settlers’ forcibly taking over Palestinian
homes in East Jerusalem has resulted in the expulsion of Palestinian
residents from their homes. Palestinian families, some of whom have
lived in their homes for generations, have been expelled by Israeli
police and settlers. In July 2010, a large Palestinian family that had
lived in their home in the Old City for more than 70 years was expelled
by police-backed settlers who then took over the house.23 In November
2010, settler organizations took control of two houses in Palestinian
neighbourhoods of Jabal al- Mukkaber and al-Tur in East Jerusalem
resulting in forcible eviction of several Palestinian families from their
homes.24 The Sheikh Jarrah neighbourhood has also been the subject of
persistent attempts by Israeli settler groups to take over land and
property in order to establish new settlements in the area. As a result,
over 60 Palestinians have lost their homes and another 500 remain at
risk of forced eviction, dispossession and displacement in the near
future.25 In Silwan neighbourhood of East Jerusalem, Israeli families
have forcibly taken over Palestinian homes, turning them into guarded
settlement compounds flying Israeli flags.26 Many of the settler
organizations are backed by private donors from abroad,27 raising the
issue of international complicity, as well as Israeli State responsibility,
with these continuing violations of international law. Moreover, The
Government of Israel and the Jerusalem Municipality support the
settlers’ actions in Palestinian neighbourhoods in East Jerusalem and
the Old City by allocating private security guards, paid for by taxes, to
protect the compounds; sending security forces to accompany
takeover of Palestinian houses; funding and promoting building and
development projects in the compounds; and transferring Government
assets to the control of the organizations.28 This support further
illustrates the institutional and systematic discrimination against the
Palestinian residents of Jerusalem by Israel, as well as ongoing Israeli
efforts to create what are euphemistically called “facts on the ground”
for the annexation of East Jerusalem.
lies largely within Area C, thus aid funds designated for Palestinian
residents is instead helping Israel finance the occupation. In another
example in a nearby area, Nidal Hatim, a resident of Battir village near
Bethlehem, described his inability to use Route 60, the main road from
Bethlehem to his home village and the principal north-south traffic
artery through the West Bank; “To go on the highway, we have to go
through the checkpoint and turn around. I have a West Bank
Palestinian ID, so I can’t go through the checkpoint”. 41 Instead, he
takes a side road that is currently being built by the Palestinian
Authority with USAID support. The side road, still under construction,
weaves around and under the four-lane Route 60, which is now used
mostly by Israeli settlers. Upon completion, this “fabric of life” road is
expected to be the sole access point connecting the villages in the
western section of Bethlehem governorate with the urban area of
Bethlehem.42 According to the Israeli human rights organization
B’Tselem, “the dual road system in the West Bank will in the long run
cement Israeli control. The tunnel that connects with Battir can be
controlled by one army jeep”.43 The Palestinian Authority grants
approval for some of the roads. However, that does not change the
legal consequence of an outside-Government funding infrastructure
that consolidates the process of de facto annexation already under
way in the occupied Palestinian territory. Such funding could arguably
result in the outside Government supplying the funds being deemed
complicit in the illegal occupation.
V. Continuation of the Gaza blockade
23. It is important to underscore at the outset the conclusions drawn
by the report of the independent international fact-finding mission on
the incident of the humanitarian flotilla. The report reached a series of
conclusions that are likely to become authoritative so far as the
international assessment is concerned and have some wider policy
implications with regard to the continuing blockade and occupation of
Gaza. Perhaps, the most important of these implications, as of 31 May
2010, is “the firm conclusion that a humanitarian crisis existed” at the
time in Gaza on the basis of a “preponderance of evidence from
impeccable sources” that “is too overwhelming to come to a contrary
opinion”.44 The report of the Mission further concludes that the
existence of a humanitarian crisis is enough by itself to make the
blockade “unlawful”45 and, by extension, to regard the interception of
the flotilla in international waters as a violation of international law. 46 It
should be noted that the core unlawfulness of the blockade, quite
independent of its overall humanitarian effects, is that it constitutes a
clear, systematic and sustained instance of collective punishment
imposed on an entire civilian population in direct violation of article 33
of the Fourth Geneva Convention. One dramatic further finding is “that
a deplorable situation exists in Gaza”, such that action by
humanitarian organizations to break an unlawful and cruel blockade of
this sort is fully justified.47 This is especially so when, as here, “the
international community is unwilling for whatever reason to take
positive action”.48 Such an interpretation of the situation confronting
the people of Gaza, and having persisted and worsened ever since
Israeli sanctions were imposed in 2006 and dramatically escalated by
the blockade established in 2007, is a powerful vindication of the
humanitarian rationale for the flotilla offered by its organizers and
denied by Israeli officials, who repeatedly refute that any humanitarian
crisis exists in Gaza.
24. The Rapporteur has found that the situation of the civilian
population in Gaza continues to be of critical concern. In 2010, Israeli
uses of force resulted in 58 Palestinians killed in Gaza (including 22
civilians) plus 233 Palestinians injured (including 208 civilians).49 Israel
has declared a buffer zone that extends for 1,500 metres into Gaza
from the border fence (comprising 17 per cent of Gaza), and Israeli
military personnel fire at farmers and children who are pursuing
normal peaceful activities close to the border.50 Israeli naval forces
also restrict Gaza fishing boats to three nautical miles from shore and
fire warning shots should these boats go beyond this limit. 51 These
characteristics of the ongoing Israeli relationship to Gaza are strongly
confirmatory of the legal and factual assessment that Gaza remains an
occupied territory.
25. Despite the announced easing of the blockade after the flotilla
incident of 31 May 2010, the dire humanitarian situation persists in
Gaza.52 Unfortunately, despite some selective easing of the blockade,
its essential features persist with continuing hardship and hazard for
the entire civilian population of Gaza.53 The most recent statistics
available, for instance, suggest that an average of 780 truckloads per
week of humanitarian goods had entered Gaza in late November 2010
(as compared to 944 truckloads after the reported easing of the
blockade on 20 June 2010) and this total was only 28 per cent of the
weekly average before the blockade was imposed in June 2007.54
According to a recent report by 25 non-governmental organizations,
Gaza requires 670,000 truckloads of construction material to rebuild
after the Israeli assault in January 2009. However, the Israeli
authorities have only permitted an average of 715 truckloads per
month since the “easing” of restrictions in June 2010. 55 At this rate it
will take 78 years to rebuild Gaza, with a completion date in 2088. It is
also notable that 53 per cent of the total import was for food items as
compared to 20 per cent prior to the blockade, suggesting the decline
of the non-food requirement for civilian normalcy. There has also been
no increase in industrial fuel since the beginning of 2010. As a result,
total available electricity is 40 per cent below the estimated daily
demand of 280 MW.56 Daily power cuts of up to 12 hours negatively
affect such essential services as water supply, sewage treatment and
removal, and health facilities.57 Twenty per cent of Gazans have access
to water only for one day out of five (and then for 6–8 hours), fifty per
cent have access only one day in four; and a further thirty per cent
every second day.58 In September 2010, the United Nations Relief and
Works Agency for Palestine Refugees in the Near East (UNRWA)
reported that, owing to the continuing blockade, it cannot meet the
enrolment needs of 40,000 Gazan school children.59 These facts
demonstrate the persistence and unlawful character of the blockade,
being both a form of unlawful collective punishment amounting to a
crime against humanity and a denial of material necessities to a
civilian population living under occupation in violation of international
humanitarian law.
VI. Abuse of children by Israeli authorities in the occupied
territories
26. In 2010, there were several reports of the abuse of Palestinian
children in the West Bank including East Jerusalem. It is recalled that
children are treated as entitled to high standards of protection in
situations of arrest or when enduring occupation. Article 37(b) of the
Convention on the Rights of the Child provides: “The arrest or
imprisonment of a child shall be used only as a measure of last resort
and for the shortest appropriate period of time”. Article 76 of the
Fourth Geneva Convention specifies that “Proper regard shall be paid
to the special treatment due to minors”. Further, Article 77, paragraph
1, of the First Additional Protocol to the Geneva Conventions reinforces
this legal obligation as follows: “Children shall be the object of special
respect and shall be protected against any form of indecent assault.
The Parties to the conflict shall provide them with the care and aid
they require, whether because of age or for any other reason”. The
treatment by Israeli authorities of Palestinian children living under
occupation does not at all comply with these provisions.
27. The Rapporteur utterly deplores and strongly condemns the fact
that, since 2000, 1,335 Palestinian children (including 6 children in
2010) have been killed as a result of Israeli military and settler
presence in the occupied Palestinian territories.60 The arbitrary opening
of fire by Israeli military against Palestinian children is particularly
appalling. Since March 2010, Israeli soldiers along the border with Gaza
have shot 17 children while they collected building gravel in the Gaza
buffer zone to support their families. The children were shot whilst
working between 50 and 800 metres from the border. Adults and
children continue to do this dangerous work as Israeli authorities
refuse to allow the entry of construction material into the Gaza Strip
and there are few job opportunities available.61
28. The Rapporteur is further dismayed at the continual arrests and
detention of Palestinian children by Israeli authorities. In 2010, Israeli
authorities arrested children at checkpoints, off the street or, most
commonly, from the family home. In the case of house arrests, large
numbers of Israeli soldiers typically surrounded the family home in the
middle of the night. Children were beaten or kicked at the time of
arrest and put at the back of a military vehicle where they were
subject to further physical and psychological abuse on the way to the
interrogation and detention centre. Upon arrest, children and their
families were seldom informed of the charges against them.62 Children
were often subject to abuse during interrogation.63 At the end of
October 2010, 256 children remained in Israeli detention, including 34
between the ages of 12–15 years.64 As of August 2010, 42.5 per cent of
Palestinian children in Israeli prisons were not held in facilities separate
from adults.65
29. The continued reports of inhumane and degrading treatment,
including sexual assault, of children in detention is further deplorable.
In Silwan neighbourhood of East Jerusalem, at least 81 minors from
Silwan have been arrested or detained for questioning (mostly in the
middle of the night), the vast majority on suspicion of stone-throwing
following confrontations between Palestinians and settlers in the
neighbourhood, where there is tension resulting from settlers’ taking
control of houses and archeological sites.66 Some of those arrested
were under the age of 12. An increasing number of testimonies by
children and their families pointed to gross violations of the rights of
children during interrogation.67 In the Ariel settlement in the occupied
West Bank, children reported that they had been given electric shocks
by Israeli interrogators in the settlement.68 The children, one as young
as 14 years of age, were each accused of throwing stones at a settler
bypass road in the occupied West Bank. Following the electric shocks,
the boys provided their interrogators with confessions, although they
maintained their innocence.69 In May 2010, a 14-year-old boy reported
that his interrogator in the Israeli settlement block of Gush Etzion, in
the occupied West Bank, attached car battery jump leads to the boy’s
genitals and threatened to electrify the cable. After further abuse, the
boy confessed to throwing stones, although he maintains his
innocence.70
30. Each year, approximately 700 Palestinian children (under 18) from
the West Bank are prosecuted in Israeli military courts after being
arrested, interrogated and detained by the Israeli army.71 Observers
have been shocked by the disparities between the special regard for
children imposed by international legal norms and the actual practices
of Israeli military and security forces. A recent visit by a British
Parliamentary group is illustrative: Sandra Osborne, after visiting a
military court used to prosecute children at Camp Ofer, near Ramallah,
remarked during a Parliamentary debate on the subject, “it was a visit
to a military court that shocked us to the core”.72 Among the shocking
features were the following: the child defendants – 13 and 14 years of
age – were brought into the courtroom with their legs shackled in
changes and handcuffed, usually behind their backs; their jail
sentences were lengthened by as much as three times unless they
pleaded guilty; the judge had no interaction with the child defendants
and was reported never even to look at them; proceedings and signed
confessions were in Hebrew, a language most of these children did not
know.73 The scene being described resembles the administration of
justice in the South Africa of apartheid that the Special Rapporteur
visited on a formal mission on behalf of the International Commission
of Jurists in 1968.
31. The apartheid dimension of this abusive atmosphere is also
accentuated by the dual legal system that is operative in the occupied
territories, with settler children – who are rarely apprehended in any
event for their violent act – being prosecuted in Israeli civilian courts,
while Palestinian children are brought before the military court system.
Among the discriminatory features of the two systems is the imposition
of higher degrees of accountability at lower ages, Palestinians being
held responsible as adults at the age of 16, while the Israeli age is 18.
The failure to uphold minimum standards in relation to the treatment
of Palestinian children detained and imprisoned is an extreme violation
of Israeli obligation to do all that is possible, subject to reasonable
security measures, to respect the status of protected persons as
mandated by the Fourth Geneva Convention. Such an assessment is
rendered more disturbing when account is taken that almost all of
these arrests of children are generated by their resistance to unlawful
patterns of Israeli settlement building and expansion, along with
related ethnic-cleansing measures being applied at an accelerating
rate in East Jerusalem.
VII. Recommendations
32. The Special Rapporteur recommends that:
(a) Intensified efforts be made to induce Israel to cooperate
with the proper discharge of this mandate, including allowing
access to the occupied Palestinian territories by the Special
Rapporteur;
(b) Efforts be undertaken to have the International Court of
Justice assess allegations that the prolonged occupation of the
West Bank and East Jerusalem possess elements of
“colonialism”, “apartheid” and “ethnic cleansing” inconsistent
with international humanitarian law in circumstances of
belligerent occupation and unlawful abridgements of the right
of self-determination of the Palestinian people;
(c) Intensified efforts be made to attach legal consequences to
the failure by Israel to end the blockade of the Gaza Strip in all
of its dimensions;
(d) The Human Rights Council organize an inquiry, possibly
jointly with the International Committee of the Red Cross or
the Government of Switzerland, into the legal, moral and
political consequences of prolonged occupation, including
prolonged refugee status, with an eye toward convening
Governments to negotiating further protocols to the Geneva
Conventions of 1949;
(e) Steps be taken by the Human Rights Council to implement
the recommendations of the report of the United Nations Fact-
Finding Mission on the Gaza Conflict in the light of the failure
of Israel to address allegations in a manner that accords with
international standards as well as the conclusions of the
Independent International Fact-Finding Mission into the
incident of the humanitarian flotilla;
(f) Measures are taken to ensure that no Palestinian child is
detained inside Israel or in the occupied Palestinian territories
in contravention of article 76 of the Fourth Geneva Convention;
children are not brought before military courts; cases of
mistreatment and abuse of children are thoroughly and
impartially investigated; and all evidence against children
obtained through ill-treatment or torture be rejected by the
courts.
1 At the time of the submission of this report, there is still outstanding the report and
recommendations of the Panel of Inquiry into the flotilla incident established by the
Secretary-General and the Turkel Commission formed by the Government of Israel.
2 Ma’an News Agency, “German minister calls on Israel to lift Gaza blockade,” 8
November 2010.
3 A/HRC/15/21, para. 264.
4 Ibid., para. 265.
5 Ibid., para. 267.
6 A/HRC/4/17, summary, tenth paragraph.
7 See Rome Statute of the International Criminal Court, article 7, para. 2 (h).
8 Khaled Abu Toameh, “Abbas: Israel seeking to ‘close door to right of return’”, The
Jerusalem Post, 8 November 2011.
9 Ibid.
10 “With settlement deal, U.S. will be rewarding Israel's bad behavior”, Washington
Post, 21 November 2010. Robert Fisk has phrased an objection in even harsher
language: “The current American bribe to Israel, and the latter’s reluctance to accept
it, in return for even a temporary end to the theft of somebody else’s property would
be [normally] regarded as preposterous”. “An American bribe that stinks of
appeasement”, The Independent, 20 November 2010.
11 “Abbas: Israel seeking to ‘close door to right of return’”.
12 See e.g. Robert Serry, “Is the two-state solution fading?”, 27 April 2010, speech at
Truman Institute, Hebrew University.
13 Reuters, “Palestinians demand immediate statehood to counter Israeli
“unilateralism’” 9 November 2010.
14 World Bank, “A Palestinian State in Two Years: Institutions for Economic Revival”
(September 2009), para. 3.
15 See Chaim Levinson, “Knesset mandates referendum to withdraw from annexed
land”, Haaretz, 23 November 2010.
16 “Erekat on referendum: Israel making a mockery of int’l law”, The Jerusalem Post,
23 November 2010.
17 See Peace Now, “Eight Months into the Settlement Freeze”, 2 August 2010.
18 See Peace Now, “In 6 weeks the settlers almost made up for the 10 months
Settlement Free,” 13 November 2010.
19 Ibid.
20 See International Middle East Media Center, “Rate Of Israeli Settlement
Construction Quadrupled In Last Month”, 21 October 2010.
21 Attila Somfalvi, “PM responds to Obama: Jerusalem not a settlement”, Yediot
Aharanot, 10 November 2010.
22 Amnesty International UK, “East Jerusalem: Israel’s 238 housing units plan
threatens Palestinian human rights”, 15 October 2010.
23 Harriet Sherwood, “Israeli settlers evict Palestinian family from their home of 70
years”, The Guardian, 29 July 2010.
24 B’Tselem, “New settler enclaves in East Jerusalem”, 2 December 2010.
25 Office for the Coordination of Humanitarian Affairs – occupied Palestinian territory
(OCHA-OPT), “Fact sheet: The Case of Sheikh Jarrah”, October 2010.
26 See e.g. Wadi Hilweh Information Center Silwan, “Settlers took over a house in Al-
Farouq neighborhood in Silwan”, 23 November 2010.
27 See “New settler enclaves in East Jerusalem”.
28 Ibid.
29 See B’Tselem, “In dangerous precedent, Israel revokes residency of four
Palestinians affiliated with Hamas from East Jerusalem and acts to forcibly transfer
them”, 18 July 2010.
30 Associated Press, “Israel expels Hamas MP jailed over Jerusalem status”, 9
December 2010.
31 “In dangerous precedent, Israel revokes residency”.
32 Statement of the Special Rapporteur, “Israel must avoid further violations of
international law in East Jerusalem,” 29 June 2010.
33 Carter Center, “Carter Center Calls for End to East Jerusalem Deportations,
Respect for International Law” (22 July 2010). Available from
www.cartercenter.org/news/pr/palestine-072210.html.
34 The Human Rights Dimensions of Population Transfer, including the Implantation
of Settlers, Preliminary Report prepared by A. S. al-Khawasneh and R. Hatano
(E/CN.4/Sub.2/1993/17), paras. 15 and 17.
35 OCHA-OPT, “West Bank Movement and Access Update” (June 2010).
36 Ibid.
37 Ibid.
38 Letter from USAID dated 9 June 2010. Available from
www.usaid.gov/wbg/misc/2010-WBG-11.pdf.
39 See further Akiva Eldar, “US taxpayers are paying for Israel’s West Bank
occupation”, Haaretz, 16 November 2010: “The roads are one of the initiatives of the
United States Agency for International Development for building infrastructure in
underdeveloped countries. Israel has already proudly left the club of developing
countries and is not among the clients of USAID. Nevertheless, it appears the Smith
family of Illinois is making the occupation a little less expensive for the Cohen family
of Petah Tikva.”
40 USAID, “Fact Sheet: Water Resources and Infrastructure”, (June 2010). Available
from www.usaid.gov/wbg/misc/WRI%20-%20INP%20Fact%20Sheet.pdf.
41 Nadia Hijab and Jesse Rosenfeld, “Palestinian Roads: Cementing Statehood, or
Israeli Annexation?”, The Nation, 30 April 2010.
42 “West Bank Movement and Access Update”.
43 “Palestinian Roads”. See also Badil, “The implications of losing access to route
60”. Available from www.badil.org/en/documents/category/33-ongoing-displacement.
44 A/HRC/15/21, paras. 261 and 263.
45 Ibid., para. 261.
46 Ibid., para. 262.
47 Ibid., para. 275.
48 Ibid., para. 276.
49 OCHA-OPT, “Protection of Civilians Weekly Report”, 10–23 November 2010.
50 See OCHA-OPT, Between the Fence and a Hard Place, (2010). See the next
chapter for further on this topic.
51 Ibid.
52 See Prime Minister Netanyahu’s Office’s statement following the Israeli Security
Cabinet meeting, 20 June 2010. Available from
www.mfa.gov.il/MFA/Government/Communiques/2010/Prime_Minister_Office_stateme
nt_20-Jun-2010.htm.
53 See generally Amnesty International UK et al, “Dashed Hopes: Continuation of the
Gaza blockade”, 30 November 2010. See also Gisha, “Unraveling the closure of Gaza:
what has changed and what hasn’t since the Cabinet decision and what are the
implications?”, July 2010. Available from
www.gisha.org/UserFiles/File/publications/UnravelingTheClosureEng.pdf. For further
update, see also Gisha, “Facts Behind MFA Report on ‘Easing’ of Gaza Closure”.
Available from www.gisha.org/index.php?
intLanguage=2&intItemId=1890&intSiteSN=119.
54 “Protection of Civilians”.
55 “Dashed Hopes: Continuation of the Gaza blockade”.
56 Ibid.
57 Ibid. See also OCHA-OPT, “Gaza’s electricity crisis: the impact of electricity cuts on
humanitarian situation”, May 2010.
58 Ibid.
59 UNRWA, “40,000 students turned away from UNRWA schools due to Gaza
closure”, 15 September 2010.
60 See Defence for Children International/Palestine Section (DCI-Palestine),
“Detention Bulletin: November 2010”.
61 Ibid.
62 DCI-Palestine, “Submission to European Parliament Sub-Committee on Human
Rights: Hearing on Situation in Prisons in Israel and Palestine”, 25 October 2010.
Available from www.dcipal.org/english/doc/press/Prison_Conditions_EU_Parliament_25_Oct_2010.pdf.
63 Ibid.
64 DCI-Palestine, “Detention Bulletin: October 2010”.
65 “Submission to European Parliament Sub-Committee on Human Rights” (citing
figures provided by the Israeli Prison Service). See also B’Tselem and Hamoked,
“Kept in the Dark: Treatment of Palestinian Detainees in the Petah Tikva
Interrogation Facility of the Israel Security Agency”, October 2010, p. 33.
66 See generally B’Tselem, “Caution: Children Ahead - The Illegal Behavior of the
Police toward Minors in Silwan Suspected of Stone Throwing”, December 2010. See
also, Wadi Hilweh Information Center, “Silwanian Children at the Frontline”, 12 May
2010. Available from http://silwanic.net/?p=2966.
67 See, “Child protection laws broken during Silwan interrogations”, The Jerusalem
Post, 25 November 2010.
68 DCI-Palestine, “Detention Bulletin, September 2010”.
69 Ibid.
70 Ibid. DCI-Palestine and PCATI have submitted complaints against the Israeli army
and police interrogators and demanded an investigation into reports that an Israeli
interrogator in the settlement of Gush Etzion attached car battery jump lead to the
genitals of a 14-year-old boy in order to obtain a confession to stone throwing.
71 “Submission to European Parliament Sub-Committee on Human Rights”.
72 Haaretz, “Otherwise Occupied/Labour is concerned”, 13 December 2010.
73 Ibid.
Back to Top
ROBERT H. SERRY
SPECIAL COORDINATOR FOR THE MIDDLE EAST PEACE PROCESS
---
BRIEFING TO THE SECURITY COUNCIL
ON THE SITUATION IN THE MIDDLE EAST
24 February 2011
Madam President,
1. Since our last meeting, the Middle East region has been witnessing
dramatic political transformations – but stagnation in the Israeli-
Palestinian negotiations. It is true that the shifting regional dynamics
have added uncertainty to the environment of an already difficult
Middle East peace process. However, progress towards a negotiated
solution that addresses all core issues would make a critical
contribution to stabilizing the region. When Quartet Principals met in
Munich on 5 February, they affirmed that Israeli-Palestinian and
comprehensive Arab-Israeli peace are imperative to avoid outcomes
detrimental to the region.
2. Let me convey to Council members the Secretary-General’s
profound concern at the continued impasse in the political process. I
must in all frankness report low confidence and trust of the parties in
each other and in international efforts to help them overcome their
differences. The parties are unlikely to overcome the deficit of trust
without a credible and effective international intervention in the peace
process.
3. In our view, it is becoming increasingly clear that a more concrete
and substantive basis would have to be laid out for the parties to
engage. The Quartet must play its full role in this regard. When the
Quartet met in Munich on 5 February, it reiterated its commitment to
the two state-solution and a conclusion of the talks by September 2011
and reaffirmed that the outcome of negotiations should end the
conflict and the occupation that began in 1967. The Quartet agreed a
way forward towards a further Quartet Principals meeting. Envoys are
working to meet separately with the parties, as well as with
representatives of the Arab Peace Initiative Committee. In its
discussions with the parties, the Quartet will give serious consideration
to their views on how to bring about resumed negotiations on all core
issues, including borders and security.
4. The longer the impasse in talks persists, the greater our concern
that tensions on the ground will unravel modest achievements and
stand in the way of a negotiated solution. Actions that risk prejudging
the outcome of negotiations are particularly unhelpful. In this context,
Israel continues to build some 2,000 units begun in the West Bank
after the moratorium expired on 26 September – a regrettable
development, as was noted by the Quartet. We call on Israel to heed
the calls of the international community and the provisions of
international law and the Roadmap, by freezing all settlement activity,
including natural growth, and dismantling outposts. I note that,
notwithstanding the recent results in the Security Council, all members
of the Security Council strongly oppose continued settlement activity.
5. This extends to East Jerusalem, where a number of settlements were
announced for expansion in past weeks, including 56 new units in
Ramot, and 13 units in the heart of the Palestinian neighbourhood
Sheikh Jarrah. We urge the parties to refrain from provocative actions
at this sensitive time.
6. Israeli authorities demolished 66 Palestinian-owned structures in
Area C and East Jerusalem, displacing over 100 people and otherwise
affecting another 220, particularly impacting the livelihoods of
vulnerable herding communities, while construction of adjacent
settlements continued.
Madam President,
7. Adversity on the ground has not stopped the Palestinian Authority
from forging ahead with its statebuilding agenda. With significant
achievements realized over the past years, and further reforms
underway, it is my clear view that the strong institutions now
established represent the basis of a state-in-waiting. The further
realization of progress is fundamentally constrained by the Israeli
measures of occupation that deny territorial contiguity and inhibit
freedom of movement. The continued divisions among the Palestinians
are also a serious concern in that regard.
8. Palestinian security forces continued to make strides in the
maintenance of law and order in the West Bank. Economic activity is
on the rise, and we positively note Israel’s removal of some further
obstacles to support this trend: easier access to Nablus via the
Huwwara checkpoint; increased tourist access to Bethlehem; and more
predictable access for meat and dairy products into East Jerusalem
from the rest of the West Bank.
9. On 4 February, Israeli Prime Minister Netanyahu agreed with Quartet
Representative Blair on a package of measures designed to help
improve Palestinian livelihoods and support economic growth both in
the West Bank and in Gaza. It is imperative that these steps be
facilitated and implemented in full. More and speedier easing
measures by the Government of Israel are urgently needed to shore up
the statebuilding effort. The confidence built over the past years
should enable Israel to further roll back elements of occupation.
10. My visit to Hebron on 25 January impressed on me the importance
of enabling the PA to develop in Area C. I visited the densely populated
neighborhood of Qaizun in Area A, overlooking empty space in area C
next to Israeli settlements. The Governor and the Mayor of Hebron
underlined the importance and urgency to use at least some of this
area to accommodate Hebron's natural growth by expanding its
residential and industrial area there. This situation applies to many
more Palestinian urban centers and I urge Israel to address these
pressing Palestinian needs.
11. The Government of Israel's commitment to allow Palestinian
security forces to deploy into seven towns in Area B, as part of the
package agreed with Quartet Representative Blair, is a step forward.
However, as Prime Minister Fayyad has impressed upon me repeatedly,
the presence and operations of Israel’s security forces within
Palestinian population centres which are meant to be under Palestinian
security control is a major concern. In the past month alone, there
were 434 incursions which resulted in one Palestinian killed, 96 injured
and 379 arrested. We also remain concerned at violent incidents at
checkpoints, which injured one Arab Israeli and two Palestinians during
the reporting period. On 20 January, an alleged Islamic Jihad militant
opened fire against an Israeli position near Jenin and was consequently
shot and killed by the Israeli soldiers.
12. Demonstrations continued against the barrier, which deviates from
the Green Line in contravention of the advisory opinion of the
International Court of Justice, resulting in seven Palestinian injuries and
numerous arrests. Allow me to stress that the right of peaceful and
nonviolent protest must be upheld.
13. Israeli forces arrested two settlers on 30 January in connection with
one of two incidents where two Palestinians were shot and killed by
settlers. Settlers also injured nine Palestinians. Settler impunity
remains a concern. A report released by the Israeli human rights group
Yesh Din indicates that, since 2005, less than 10% of alleged attacks
by settlers against Palestinians in the West Bank have resulted in an
indictment.
Madam President,
14. During the reporting period, a number of steps were taken by the
Palestinian Authority aimed at responding to expectations for political
reform. On 8 February the Government of Prime Minister Fayyad called
for local elections to be held on 9 July. President Abbas declared on 17
February that presidential and legislative elections should also be held
as soon as possible both in the West Bank and Gaza. Hamas has so far
rejected the calls for elections absent full reconciliation.
15. Prime Minister Fayyad submitted the resignation of his government
on 14 February and was immediately tasked by President Abbas to
form a new government. I note the important suggestion of Prime
Minister Fayyad to form a Government of national unity based on the
principle of non-violence, as a first step to advance reconciliation.
16. Several hundred demonstrators took to the streets of Ramallah last
week demanding that their leaders end their differences and re-unite,
and a network of 81 Palestinian non-profit organizations from the West
Bank, Jerusalem, and the Gaza Strip publicly called on 21 February for
rival Palestinian factions to end their disagreement. I urge all
Palestinian factions to show responsibility and heed the legitimate calls
of the Palestinian people for reunification.
17. It is critical that the donor community continues to support the
Palestinian Authority and buttress the reform agenda, even if the
Palestinian Authority has been able to halve its dependence on
budgetary assistance between 2008 and 2011. Thus far in February,
the Palestinian Authority has received over US$80m in support for
recurrent expenditures. A new international donors’ conference for the
Palestinian State will be held in Paris in June. This will be preceded by a
meeting of the Ad Hoc Liaison Committee on 13 April.
Madam President,
18. I was last in Gaza last week, on 16 February, and it remains a high
priority in all my engagement to seek to improve the situation in Gaza
on the basis of the respect for calm, and a significant improvement in
the socio-economic conditions that have deteriorated so badly in
recent years in the aftermath of the Hamas takeover and the Israeli-
imposed blockade.
19. I regret to report to the Council that the reporting period was
marked by an increase in violence with an escalation of rockets attacks
emanating from Gaza, Israeli air raids and repeated confrontations in
the border area with Israel. 19 mortar shells and 15 rockets were fired
indiscriminately from Gaza towards Israeli civilian areas. As recently as
yesterday, three Grad rockets were fired at the city of Be’er Sheva,
damaging a house. On 31 January, three Grad rockets were fired,
narrowly missing a wedding celebration in Netivot. Also on 23
February, a ten-year old girl was killed in the southern Gaza strip when
an explosive device went off while being prepared by militants. We
condemn rocket attacks and once again call for their immediate
cessation. We are urging the de-facto authorities to intensify their
efforts to maintain calm.
20. Israeli forces responded overnight to the recent rocket attack with
air raids against Hamas facilities in the Strip. On 23 February, Israeli
forces also used tank fire against militants allegedly detonating an
explosive device near the border fence and firing mortars. The
operation injured 11 Palestinians, including militants from Islamic Jihad,
killing one. During the night of 17 February, three Palestinians were
shot and killed by Israeli security forces near the border fence in Gaza
as they were allegedly planting explosive devices, while the de-facto
authorities contend they were fishermen. During the reporting period,
Israel conducted ten further incursions and four air strikes into Gaza, in
which two Palestinian militants and 27 Palestinian civilians were
injured. We call on Israel to exercise maximum restraint and to ensure
protection of civilians. All parties must respect international
humanitarian law.
21. We remain concerned at the depressed economic situation in Gaza
and the continuing impact of Israeli closure measures. At the same
time, I note positively the Israeli approval of 14 additional UN
infrastructure projects in Gaza, including seven UNRWA schools,
bringing the total number of approved UNRWA schools to 20. The total
amount of approved projects now stands at 155.4 million USD. It is
important that implementation now proceed smoothly, which will
require streamlined entry of material and adequate capacity at the
crossings. Import levels are more significant than before Israel’s policy
adjustment in June 2010, but far from meeting pre-2007 levels. The
needs in Gaza remain vast, and we hope that both import and export
levels can be scaled up within the framework of implementation of SCR
1860. The UN is also in discussions with the Government of Israel on a
process – led by the Palestinian Authority with UN monitoring – for the
commercial import of construction materials for the private sector.
22. High Commissioner for Human Rights Pillay visited the occupied
Palestinian territory and Israel during the reporting period and
expressed her concern at the violations of human rights. Amongst
others, she spoke out against settlement activity in the West Bank,
including in East Jerusalem, and the associated regime of obstacles to
movement, given their devastating impact on human rights, peace,
and development. She also met with victims of rockets in Sderot on 10
February and urged the militants in Gaza to stop committing war
crimes by firing these rockets.
23. Staff Sergeant Gilad Shalit has been detained by Hamas for over
1700 days. We reiterate our appeal for his release and for
humanitarian access to be granted without delay. We continue to
express concern about the several thousand Palestinians in Israeli
prisons.
24. The Rafah crossing was closed from 30 January 2011 to all traffic,
including humanitarian cases. We welcome the gradual reopening of
the crossing since 18 February.
Madam President,
25. Let me turn now to regional events. As regards developments in
Egypt, where a transition is underway that must serve the interests of
the Egyptian people, we take positive note of reaffirmed commitments
by Israeli and Egyptian authorities to regional stability and peace. We
note with appreciation that Israel is allowing 300 Palestinians living in
Libya to enter the West Bank as a humanitarian gesture.
26. We regret the lack of progress towards peace between Israel and
Syria. We are concerned about a new campaign to encourage
additional Israeli settlement in the occupied Syrian Golan, aiming to
recruit 140 new families during 2011. In the interest of regional
stability and to realize the Arab Peace Initiative, the conflict between
Israel and Syria should be resolved on the basis of relevant Security
Council resolutions.
27. In Lebanon, the collapse of the Government on 12 January led to an
increase in the level of political tension in the country, which
culminated in a series of demonstrations in support of caretaker Prime
Minister Hariri that took place on 24 and 25 January, mostly in the
northern city of Tripoli and some areas in Beirut. The demonstrations
ended as Prime Minister Hariri called for calm. The Secretary-General
welcomed the statement issued by Prime Minister Hariri and called on
all parties to maintain calm and avoid any acts of violence.
28. On 25 January, and following two days of constitutionally-mandated
consultations with all parliamentary groups, President Sleiman
requested Mr. Najib Mikati to form a new Government. Mr. Mikati’s
consultations are still continuing. On behalf of the Secretary-General,
we would like to convey his hope that the new Government will meet
the aspirations of all Lebanese, and his call on this Government to
abide by all the international obligations that Lebanon has undertaken.
29. On 14 February, a political rally took place in Beirut to
commemorate the sixth anniversary of the assassination of former
Prime Minister Rafiq Hariri and 22 others. The Secretary-General issued
a statement on that occasion in which he reaffirmed the commitment
of the United Nations to the efforts of the Special Tribunal for Lebanon.
30. On 22 February, the Lebanese caretaker Minister of Labour signed
an administrative decree regulating the implementation of the labour
law amendments that were approved by Parliament in August 2010.
This represents an important and positive step that will contribute to
improving living conditions of Palestinian refugees in Lebanon. While
progress is being made in the reconstruction of the Nahr el Bared
refugee camp, funding remains a major concern. The United Nations
urges the international community to renew its financial support to the
reconstruction of Nahr el Bared so that progress can be sustained.
31. The overall situation in the UNIFIL area of operations remained
quiet and stable. Israeli violations of Lebanese air space have
continued to take place on an almost daily basis.
Madam President,
32. I indicated in my December briefing that I believed the credibility of
the international community, including the Quartet, would be at stake
in 2011. It is now all the more urgent and crucial that it respond to this
test. To this end, the Quartet intends to engage the parties in serious
talks including on substance and support them in finding ways back to
the negotiation table. I also believe that there should be a readiness to
offer more concrete suggestions for those negotiations, if that is what
it takes to enable decisive progress toward peace. I hope the leaders
will join in this effort by acting responsibly and in keeping with their
peoples’ aspirations for stability and peace. This, in my view, is the
right lesson to draw from the changes that are taking place in the
region.
Thank you, Madam President.
Back to Top
We deserve better
By Angela Godfrey-Goldstein, Jerusalem Post, 28th February 2011
Home demolitions,
settlement expansion and
evictions derail the peace
process.
As the peace process grinds to
a halt, the government yet
again displays contempt for human rights and international law,
breaking repeated promises to stop seizing land, homes and
businesses from their rightful owners.
Israeli hubris has been increasingly on display this past year in east
Jerusalem, where the government has been targeting non-Jewish
residents, evicting families from homes they’ve lived in for
generations, demolishing homes and businesses, displacing hundreds
of people. These policies reflect a repressive discrimination.
Photo by: Reuters
Last year, more than 430 non-Jewish homes and livelihood structures
were demolished in east Jerusalem and the West Bank – a 60 percent
increase over 2009. This affected thousands of Palestinians, and made
600 homeless, according to UN statistics. While Israel cites building
violations, government policies reveal a discriminatory process that
denies building permits to non-Jewish residents.
Israel is everywhere seizing Palestinian land, creating Jewish-only cities
and roads, and the newly passed state budget is geared to strengthen
those policies. In fact, Jerusalem municipal policy is trying to force a
demographic of 70% Jewish and 30% non-Jewish. Currently, some
60,000 east Jerusalem residents are at risk of home demolitions and
displacement.
Human Rights Watch, in its new report “Separate and Unequal,”
confirms this discrimination. It states that in east Jerusalem’s al-Bustan
neighborhood, Israel hasn’t issued a single building permit since 1967.
Nearby, in Har Homa, more than 20,000 settlers have moved in over
the past 13 years. So while Israel destroys non-Jewish homes, it builds
settlements.
HOME DEMOLITIONS and settlement growth have been cited as major
obstacles to peace by US President Barack Obama, Vice President
Joseph Biden, Secretary of State Hillary Clinton, Gen. David Petraeus,
the 9/11 Commission, UN Secretary General Ban Ki-moon and many
foreign policy experts.
Yet we hear too little about the illegal home demolitions and
settlement expansion. Instead, we hear the tired refrain of how the
Palestinians missed another opportunity for peace.
While armed settlers terrorize Palestinians in the West Bank, and
Gazans live under illegal collective punishment, Palestinians have been
quietly and steadfastly building a state. Palestinian leaders are, against
all odds, performing the miraculous task of keeping the peace in the
face of regular violence against them by radical Jewish settlers.
The missed opportunity is not on the part of the Palestinians, but on
the part of Israel, the US and the international community. For the US,
it’s another missed opportunity to show true leadership.
Israel is the largest recipient of US foreign aid, and withholding this aid
is the only message the government understands. By continuing to
support Israel as it violates human, civil and religious rights, the US
gets weaker while Hamas, Hezbollah and Iran get stronger. For the
international community, talk has been cheap. Leaders condemn
Israel, but offer little sustained action, as recently demonstrated in
Munich by the Quartet’s conservative message endorsing the status
quo and by the infamous US veto at the Security Council last Friday.
Where do we go from here? One obvious route is to sit back and see
how much longer Palestinians accept being the targets of settler
violence, demolitions, evictions and land confiscations. That is akin to
waiting for a tinder box to catch fire.
An alternative is for world governments to hold Israel accountable and
demonstrate increasing support for a Palestinian state based on the
internationally recognized 1967 lines; more than 100 countries
recognized those lines in 1988. Recently Brazil, Argentina, Bolivia,
Ecuador, Guyana, Russia and Chile confirmed that recognition. Civil
society increasingly sees this as a solution. By advocating an
independent, sovereign Palestinian state, free of occupation, we can
end the stalemate. Only by ending this stalemate can Israel have a
normal, secure and healthy future, free of terrorism.
We deserve far more from our leaders than this endless vicious cycle in
which Israel promises to stop its immoral behavior, then continues
while the world watches and the Palestinians suffer.
We deserve vision. We deserve progress. We need change, before this
situation erupts yet again in ever-more-traumatic violence.
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Israelis are not hostile to the Egyptian revolution,
they are simply anxious
By Noam Sheizaf, +972Mag, 30 January 2011
There are many Israeli positions that should make one angry
these days. The reaction to the Egyptian uprising is not one of
them
This weekend, several writers on +972 Magazine claimed that Israelis
are generally hostile to the Egyptian revolution and that they prefer to
side with President Hosni Mubarak (examples here, here and here). I
believe this to be inaccurate, maybe simply untrue.
Yes, recent events took Israeli pundits, experts, and leaders by
surprise, and in the first days of protest, they tended to estimate that
the demonstrations would soon die out and the president would
survive. This is the reason for some of the public comments that
seemed to be downplaying the importance of protest. But frankly, who
wasn’t surprised? No one in the West imagined that Mubarak’s regime
was so fragile. The determination of the protesters found the Egyptian
opposition leaders themselves unready, and it took them a day or two
before they joined the protesters (or three days, in the case of the
Muslim Brotherhood). Blaming Jerusalem alone for not recognizing the
full potential of the uprising is ridiculous.
I was watching Israeli networks over the past few days, and I found
their coverage to be pretty similar to those on CNN or Sky, and more
balanced and professional than FOX News. Channel 1 had a reporter in
Cairo broadcasting live on Friday, and he was clearly exited by the
protest. In other TV stations, there were lively exchanges between
those who saw the risks involved in an Egyptian revolution (these were
mainly the military correspondents) and those who were impressed
and even moved by the Egyptian cry for freedom.
Israelis never liked President Mubarak very much. Unlike the late
Jordanian King Hussein, Mubarak was perceived as cold and aloof, even
patronizing. To be sure, nobody thought of him as “our guy.” Mubarak
was simply the person you do business with.
There is a consensus in Israel that peace with Egypt is the greatest
strategic asset the country has, after its special relationship with the
US. Except for some on the extreme Right, the dominant view is that
Israel should do business with whoever will be calling the shots in
Cairo. Mubarak kept the peace – so Israeli leaders trusted him. The
same could happen with his successor.
On Channel two on Friday, Tzvi Mazal, a rightwing diplomat and former
ambassador to Egypt, said that the revolution is a blessing for both
Israel and the Egyptian people (today, in an op-ed in Maariv, Mazal
claimed that the peace treaty with Israel is not at risk, and that the
prospect of an Islamic regime resulting from the revolution are very
low). Other pundits expressed concern over the possibility of a Muslim
takeover in Egypt. Following Hamas’ rise in Gaza and recent moves by
Hezbollah in Lebanon, that is the main Israeli fear. I think Israelis tend
to exaggerate these risks, but I can understand the reasons for them. If
there is any hostility to the Egyptian revolution in Israel, I think it is
because of these fears, and not due to a patronizing attitude towards
the Arab world, as some writers suggested (though this sentiment
might also exist among some people).
Regardless of the revolution’s outcome, Egypt will remain a great
nation, and one of the region’s major powers. Many Israelis understand
and respect that. Right now, I feel that the dominant view is that it is
for the Egyptian people to decide who rules them. To be honest, I think
that a full embrace of the revolution by the current Israeli government
would have embarrassed Egyptian opposition leaders more than it
could encourage them. I actually believe that the government did the
right thing in keeping mostly silent on these events.
On a personal level, when I think of Egypt, my grandparents are the
first to come to my mind. Born in Basra, Iraq, they were both fans of
Egyptian culture. At home, they watched Egyptian films which they
borrowed from a special video store in our town. They listened to
Egyptian music and spoke Arabic with their friends. Had they lived to
see this moment, I think they would have been thrilled and exited by
the images coming from Cairo.
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