Friday, September 16, 2011

MYTH: "A Unilateral Declaration of Independence is the Palestinians' only avenue to advance the Peace Process."

FACT:

Palestinian Authority President Mahmoud Abbas is poised to defy the wishes of Israel, the United States and many European nations when he submits a request to the UN to recognize a state of Palestine. Abbas maintains that Israeli intransigence at the negotiating table has left the Palestinians no choice other than unilateral action to advance the peace process. 592 In truth, it is the Palestinians who have refused even to sit down for talks with Israel. Despite repeated invitations from Israel, and encouragement by the Obama Administration, Abbas has boycotted negotiations for two years.

Rather than discuss the crucial issues of borders, settlements, refugees and Jerusalem, Abbas has chosen to pursue a Unilateral Declaration of Independence (UDI) in an effort to gain international recognition for his uncompromising positions on these issues. A UN vote, however, will not provide independence to the Palestinians; it will be only a symbolic victory. Israel will not withdraw from any territory as a result, will not recognize "Palestine," and will not change its support for a two-state solution based on agreed upon borders and security arrangements.

The Palestine Liberation Organization has held observer status at the UN since 1974 and Abbas is now seeking the privileges of an independent state. The Palestinians expect at least 150 of the 192 UN members to endorse their statehood bid, but the United States has already pledged to veto any resolution put before the Security Council. 593 Without Security Council approval, the General Assembly can only change the PLO's status as it does not have the power to declare the establishment of states or to admit members to the UN. Nevertheless, a General Assembly vote would give international recognition to a phantom Palestinian state.

Though it is unlikely to matter to the General Assembly, which has an automatic majority for any pro-Palestinian initiative, the Palestinians do not yet have all of the characteristics of a state. According to the 1933 Montevideo Convention, the four requirements for a state are a permanent population, a defined territory, effective government over the population, and the capacity to enter into relations with other states.



As Steven Rosen of the Middle East Forum observed, "the General Assembly will create an imaginary state that has two incompatible presidents, two rival prime ministers, a constitution whose most central provisions are violated by both sides, no functioning legislature, no ability to hold elections, a population mostly not under its control, borders that would annex territory under the control of other powers, and no clear path to resolve any of these conflicts." 594



The Palestinian Authority is unable to support itself financially, depending almost entirely on foreign aid. Finally, the "state" is divided between the West Bank and Gaza Strip, with the latter outside the control of Abbas. Hamas rules Gaza independently, opposes the UDI, as well as any peace with Israel, and continues to engage in terror. A vote for the UDI would endorse Hamas rule and create a UN member state whose objective is the destruction of another member.

By going to the UN to circumvent negotiations, the Palestinians will undermine the peace process by violating international agreements, alienating the Israeli public and giving the Palestinian people false hope that their lives will change. Many Palestinians, including Prime Minister Salam Fayyad, recognize this course is irresponsible, and may threaten some of their interests, and are therefore opposed to the UDI. 595

Approval by the UN of a unilateral declaration of independence has potentially serious detrimental consequences for the Palestinians. Israel will feel justified, for example, in taking its own unilateral measures. The Oslo Accords could also be declared null and void and Israel could cease to abide by its provisions, such as providing water to the PA (which would no longer exist) or recognizing Palestinian control over certain areas in the West Bank. By declaring "independence," the PA would threaten bilateral cooperation with Israel in more than 40 spheres of activity, including security collaboration, institution building and economic support. 596



Moreover, the UDI would jeopardize economic aid from the United States, which is legally prohibited from funding terrorist organizations and Hamas would now be governing at least part of phantom Palestine. The U.S. Consul General in Jerusalem, Daniel Rubenstein, told the PA that Congress is prepared to "take punitive measures to cut aid" if the UDI is pushed forward. 597



Additionally, the UDI will raise expectations among the Palestinian people that they will be independent, that Israeli involvement in their lives will end, that the settlements will disappear and that they will have a capital in Jerusalem. When none of these come to pass, the public may turn on its leaders or, more likely, vent its frustration on Israel. As EU Parliament Chief Jerry Buzek warned, "unilateral actions can become very dangerous." 598

A UDI would contravene almost every international resolution and agreement aimed at achieving Israeli-Palestinian peace. The Oslo Accords, the Road Map and Security Council resolutions 242, 338 and 1850 all stipulate that the only route to a sustainable peace is through negotiations. U.S. Secretary of State Hillary Clinton admonished the Palestinian leadership on the UDI tactic, saying "there is no substitute for face to face discussion."



At a time when much of the Middle East is either in flames or simmering, the Palestinians seem determined to throw a gasoline can into the mix. The United States and Israel are trying to do everything possible to discourage them from their incendiary policy and to restart peace negotiations, but Abbas may not be deterred from proving once again that the Palestinians never miss an opportunity to miss an opportunity.


592 Khaled Abu Toameh, "Abbas: Israel's 'intransigence' forcing us to the UN", The Jerusalem Post, (September 7, 2011).
593 AFP, "EU may 'draft own resolution on Palestinian UN bid'", Yahoo News, (September 3, 2011).
594Steven Rosen, "The Palestinians' Imaginary State", Foreign Policy, (August 3, 2011).
595 Larry Grossman, "AJC Briefing: The Perils of UDI", The American Jewish Congress, (September 2011).
596 Irwin Cotler, "The time isn't right for statehood bid", The Montreal Gazette, (September 8, 2011).
597 DPA, "U.S.: We will stop aid to Palestinians if UN bid proceeds", Haaretz, (August 26, 2011).
598 Associated Press Staff, "EU: Palestinian state vote could be 'dangerous'", Cnsnews.com, (June 14, 2011).

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