Doc's Talk: The fine print of Palestinian statehood

Friday, December 07, 2012

The fine print of Palestinian statehood

What does the UN fine print - which promoted Palestine as a non-member observer state - really mean?

Nadia Hijab

The PLO/PA's apparent interest in reviving itself provides opportunities for Palestinian civil society and its allies to hold the leadership accountable for Palestinian rights [GALLO/GETTY]

Congratulations are raining as friends of the Palestinians respond with delight to the United Nations' resounding "Yes!" to Palestine's non-member observer state status as of November 29, 2012. But before giving free rein to their excitement, the Palestinian people - and their allies - should read the actual text of the resolution.
Many Palestinians did not read the Oslo Accords Israel and the Palestine Liberation Organisation (PLO) signed in the 1990s. If they had, they might have noticed that the Accords did not mention international law and human rights, did not provide for a state and did not even mention the "occupation". Plus, the accords tied the Palestinian economy into knots that Israel could tighten or loosen at will.
The same leadership that signed those accords now believes the UN upgrade will put the Palestinian struggle for self-determination, freedom, equality and justice back on track.

Perhaps. There may be some openings yet the reasons for apprehension are legion, as is shown by a reading of the text.

The resolution itself is a messy text (based on the penultimate copy of the document circulated the day before submission) stuffed with references to past UN resolutions, statements and peace processes. But that is not so worrying in and of itself.

Arab peace initiative
What is truly alarming is that, despite repeated assertions by the Palestinian leadership that they are determined to protect the rights of Palestinian refugees, the brief reference to the cornerstone UN Resolution 194 (III) is buried in the preambular paragraphs. In the operative paragraphs, "the Palestine refugees" are just one of the core issues that must be resolved, along with Jerusalem, settlements, border, security and water.

Latest analysis of the Israeli-Palestinian conflict

Resolved, how? The resolution enshrines the 2002 Arab peace initiative, which speaks of a "just and agreed upon" solution for the Palestinian refugees, in operative paragraph 5. This effectively reaffirms Israel's control of any solution, an Israel that has never allowed the refugees to return and that continues to this day to dispossess the Palestinians in pre-1967 Israel and the occupied territory. Thus, the UN resolution gives ever-more formal sanction to disposing of the majority of the Palestinian people.
Another worrying factor is the repeated references to a peace process so discredited that it is long past time to bury and not to praise it.
Nevertheless, it is noteworthy that the operative paragraphs make no direct reference to the Oslo Accords. Rather, they refer to the "relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab peace Initiative and the Quartet Roadmap".
Is this a positive sign? Perhaps.
Another potentially positive sign is the affirmation, in operative paragraph 2, that the new status would be "without prejudice to the acquired rights, privileges and role" of the PLO at the UN. Many Palestinians feared that the UN bid would come at the expense of PLO representation of the entire Palestinian people, under occupation, refugees and in Israel.
Yet in practice can Palestinians be represented by both a state and the PLO? Despite the careful wording of the resolution, a Palestinian negotiator said in private exchanges that "state representation (entity)... overrides the PLO representation" and that an ambassador would be representing the state of Palestine. The negotiator also said the PLO is "the interim government representing the state and not the entity represented that is Palestine".
Clear? Not so much. It seems that the ambassador of Palestine would represent those Palestinians in the state of Palestine, that is, not all Palestinians, with the PLO's position unclear.
The Palestinians' political reality is even more worrying than the resolution's language. Not only did this same leadership sign the disastrous Oslo Accords, it stood helplessly by as Israel more than doubled its illegal settlers since 1993 with no signs of stopping its rampant colonisation.
Freedom from occupation
In addition, the Fatah-Hamas 2007 split has greatly weakened the Palestinian national movement. Even if they reconcile, as they seem determined to do in the wake of Israel's assault on Gaza this month, this is not necessarily cause for celebration. There is nothing democratic about either faction. Although Hamas does hold internal elections, both have brutally oppressed dissent rather than encouraging true Palestinian representation.

"If Israel cuts aid to the PA, it will have to manage its own occupation. If the US cuts aid to the PA, it will lose its clout over the Palestinian agenda."

In the final analysis, it boils down to a question of trust. True, the PLO did not bend to British demands that, among other things, it did not agree to join the International Criminal Court for a "Yes" vote (Britain abstained.) But it has squandered the huge resources at its disposal to lead civil resistance to the Israeli trampling of Palestinian rights. It did not make use of the International Court of Justice Advisory Opinion to hold other states accountable for their support of Israel's occupation.
It tried to torpedo the Goldstone Report after Cast Lead. It adopted a weak, limited boycott of Israeli settlement goods only after the rest of the world responded powerfully to the Palestinian civil society 2005 Call for boycott, divestment and sanctions (BDS); and the Ramallah-based Palestinian Authority (PA) took on the role of Israel's policeman.
Can such a leadership really lead the Palestinians to freedom from occupation, justice for the refugees and equal rights for the Palestinian citizens of Israel? Can it take advantage of the ICC and ICJ, and other UN conventions and bodies to protect its waters, airspace and people? The jury is out.
The biggest ray of sunshine on the horizon is the virulent opposition to the UN bid by the Israeli and American governments. In fact, they have been boxed in. If Israel cuts aid to the PA, it will have to manage its own occupation. If the US cuts aid to the PA, it will lose its clout over the Palestinian agenda.
Furthermore, the PLO/PA's apparent interest in reviving itself provides opportunities for Palestinian civil society and its allies to hold the leadership accountable for Palestinian rights. But first, it would be good to read that document, to know just what to hold it accountable for.
Nadia Hijab is the director of Al-Shabaka, The Palestinian Policy Network. She is also a public speaker, writer and media commentator.

The views expressed in this article are the author's own and do not necessarily reflect Al Jazeera's editorial policy.

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Al Jazeera

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

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