MIFTAH
Sunday, 30 June. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

At the close of its three-day meeting in Gaza, the Palestine Central Council yesterday issued its long-awaited statement concerning the May 4 date signifying the end of the interim phase and the issue of Palestinian statehood.

The significance of the PCC resolutions was publicly perceived in the glaring omission of any reference to the May 4 deadline or to the declaration of Palestinian statehood on that date.

By keeping the Council in “open session” until June, the Palestinian leadership succeeded in sidestepping all the central issues that led to its convening in the first place.

Such “evasive tactics” contributed to the bland and diluted substance of the statement and to its subsequent description as being conciliatory, escapist, diplomatic, or even vacuous.

Others described it as being wise, responsible, pragmatic, and a major coup in diplomacy.

Some saw in it a triumph of Palestinian political maneuvers, while others depicted it as a submission to external pressure and threat.

Whether an overstatement or an understatement, an act of will or an absence of will, the statement has been adopted by the majority, and has become policy (at least until June).

Both its defenders (apologists) and detractors (denigrators) claim persuasive arguments.

On the one hand, the PCC avoided entering into a confrontation with the Israeli government and circumvented Netanyahu’s and Sharon’s threats of violent retribution (reoccupation, annexation, siege), thus saving the peace process from total collapse as a result.

It is doubtful, on the other hand, that such threats could/would have been carried out given the international climate, the high price to be paid, and the unpredictable impact of such adventurism. Furthermore, the detractors claim, Netanyahu’s tactics of threat and intimidation have succeeded (as he himself declares), and by evading the issue the PCC has vindicated his strong-arm tactics.

The statement, according to its defenders, has removed Palestinian statehood from the agenda of the right wing in the Israeli elections, thus depriving Netanyahu of a major card in his campaign. It has, therefore, contributed to the cause of the peace camp and improved its chances of elections. Should the “extremists” win, no one then can blame the Palestinians for having given them ammunition. Should the “moderates” win, then the peace process would have been saved and the winners would be grateful to the Palestinians for not playing into the hands of the other side.

On the other hand, Netanyahu, the archetypal demagogue, will exploit any Palestinian decision or move in his campaign to further his chances of election. He is already claiming victory for having prevented Palestinian statehood from being declared and promising his electorate that only he can prevent it in the future. Besides, the Palestinians cannot be made to do the work of the other candidates in Israel, nor should Palestinian rights and policies be formulated only in response to Israeli election tactics. Should the current opposition win the elections, there is no guarantee that they will show the necessary “gratitude” since their declared platform is also detrimental to Palestinian rights and to the requirements of a just peace—particularly on the substantive issues.

On the positive side of the account, the PCC has kept its options open while responding positively to the advice (exhortation, pressure) of the Arab and international community that pushed for the postponement of the declaration.

It has done so, however, at the expense of its own standing within the Palestinian community and has undermined both its credibility and Palestinian rights in the process. The position of Arab countries will not be changed by any decision and the Europeans have already stated theirs in the Berlin Declaration. Besides, they have been unable to stand up to Israeli settlement policies or to the illegal annexation of Jerusalem, and have not been able to lift the siege or put an end to other collective punitive measures.

Conversely, the whole world now views Palestinian statehood as a right and has “normalized” the concept. The only question is the timing rather than the issue itself.

True, but more than 120 countries had already recognized the Palestinian state as declared in 1988, and the more time that passes the more land will Israel confiscate and the more “facts” it will create on the ground thus making the actual sovereign state even more difficult if not impossible.

The PCC statement has alluded to the 1988 declaration and to UN Resolution 181 as the basis of legality.

However, it failed to build on this legality and to reaffirm the state in order to begin the process of its embodiment on the ground.

Committees were formed, mainly the committee to draft the Constitution with the participation of the Arab League.

The earlier legal committees have not produced any concrete work. The issue is not the formation of the committee but its actual output. The glaring absence of the date of local, parliamentary, and presidential elections proves that there is no seriousness of intent in the actual building of a democratic state.

Such steps, though, will be taken in due course. They are sovereign Palestinian decisions, and the process of nation building will continue since statehood is already a fact.

If statehood is a fact, then the whole issue should not have been raised in the first place. What exists now lacks real sovereignty and is under Israeli control. The Palestinian people want to exercise genuine sovereignty over their land and want real assurances on an active commitment to the exercise of democracy, particularly through elections.

The presidential and Legislative Council elections that took place in 1996 are a clear commitment to democracy, and form the components of statehood.

Still, these elections took place as part of the interim phase agreements and are subject to its constraints. Full parliamentary and presidential elections have become imperative, as well as the pressing ahead with local government elections. Any extension in the mandate of the institutions of the interim phase is a direct blow to democracy and to their credibility, as well as a de facto extension of the transitional period itself. This, in effect is what the PCC has done.

The PCC, by avoiding an explicit reference to the end of the interim phase and the expiration of its institutions, has also avoided a legal vacuum and prevented the negation of the gains it has already made. It has also kept the door open for further negotiations, hence for peace.

However, the interim phase agreements do not negate international law and the PNC resolution of 1988. These should have filled the “vacuum” as the legal framework for the future. The agreements themselves are prejudicial to Palestinian rights, having fragmented the land and allowed for the continuation of Israeli control. Israel has already succeeded in destroying the peace process and has reneged on its commitments. The Palestinians cannot save the process single-handedly, and must not allow it to become open-ended or still subject to Israeli manipulations. The PCC resolutions may be used to make the interim phase a permanent reality. The Israeli government will make sure that nothing is left for negotiations on permanent status issues—particularly Jerusalem and settlements.

The PCC statement does mention these issues and declares all Israeli illegal actions as null and void. Besides it calls on the Palestinian people to resist all these measures and has entrusted the Executive Committee of the PLO with the task of taking all steps necessary to face these threats.

Nevertheless, if there is little or no confidence between the people and the leadership, there is little chance of popular action. The PLO Executive cannot rectify the situation on its own. Rather than cementing national unity, the PCC has deepened the internal political rift.

Significantly, the Palestinian leadership has succeeded in obtaining an American letter of guarantees and has influenced the position of the USon Palestinian rights. The Clletter contains several positive statements:

--It reaffirms the terms of reference of the peace process as the implementation of UN Resolutions 242 and 338 and the land-for-peace equation.

--It states clearly that the “interim period must not be open-ended.”

--It also reaffirms that the US “supports the right of the Palestinian people to decide their future on their land” and that they “must be free today, tomorrow, and forever.”

--It clearly commits itself to ensuring the resumption of permanent status talks at an accelerated pace six months after the Israeli elections, and it will hold a summit within six months of their resumption “to review these negotiations and try to finalize them.”

--It openly condemns all unilateral measures and describes Israeli settlement activities as “destructive to the peace process.”

--It also hints at reviewing the restrictions placed on the Palestinians, particularly the PLO, by American legislation.

As positive as these “assurances” may seem to some, they are not new and they fall far short of the required commitments to ensure a just peace and the protection of Palestinian rights:

--The terms of reference already exist and have been reiterated in the signed agreements. Israel is the party that has violated them and the US could not stand up to or put an end to Israeli violations.

--The interim period has never been open-ended, and its time frame has been violated by Israel with no American intervention. Now the US is asking for its extension without any guarantees. Effectively the letter is a one-year extension with a “target date” and not a deadline. The Wye Memorandum, a US invention, specified a detailed timeline for implementation, and Israel’s non-compliance was not countered by any American measures other than more pressure on the Palestinians to extend the timetable.

--The excerpts from Clinton’s Gaza speech are not a new and qualitative addition to US discourse. The Camp David documents mention the right of the Palestinians to “determine their own future.” This was reiterated in the US Letter of Assurances at the beginning of the Madrid process. The real issue is the right to self-determination and statehood, which the US continues to deny the Palestinians. In fact, the State Department spokesperson, James Rubin was quick to negate that right on the day of the convening of the PCC. The fact that we “must be free” does not guarantee this freedom, as the US has not countered Israeli occupation measures for over 30 years. Besides, freedom is a right—not a gift as the US Constitution declares, and one can hardly expect the US to advocate the “enslavement” of a whole people.

--The resumption of permanent status talks is actually an extension of the interim phase and a response to the Israeli request for accelerated talks under US sponsorship. Statehood, not subject to any veto, (as in the European declaration) would have been the necessary qualitative addition. American auspices and involvement would be welcome only with the necessary ingredient of evenhandedness and parity between the two parties.

--Israeli settlement activities have been described repeatedly by US officials as being “destructive” (starting with Dennis Ross nonetheless), and the US Letter of Assurances clearly denounces them. It has become clear that the continuing settlement activities are a violation of Netanyahu’s promises made to Clinton himself and have become a public slap-in-the-face to the Americans. Settlement activities are destructive of peace, of Palestinian rights, and are blatantly illegal. The US however continues to describe Palestinian statehood as a “unilateral measure” as though equating it with illegal and dangerous Israeli measures such as settlement activities and the annexation and distortion of Jerusalem. Self-determination is an inherent and legal right not subject to any negotiations or to approval by the other side (particularly the one seeking to prevent its implementation at any cost).

--As for “hints,” any serious engagement and commitment would discount such exercises in wishful thinking and futility. The official American Letter of Assurances, in the implementation, proved worthless.

The US has a long-standing policy on Palestinian rights and Israeli preferential treatment. While we would welcome any positive improvements on this policy, we must not indulge in any unrealistic expectations or anticipate miraculous transformations. The process is a long and incremental one, requiring an active Palestinian policy and a comprehensive information campaign, as well as concerted efforts at lobbying and defining the areas of convergent interests and values. Acquiescence, appeasement, and self-negation are not the solution. Nor are infantile hostility, boycott, and rejection. Only a consistent adherence to these rights and principles that form the collective integrity—morally, legally, and historically—of the Palestinian case can produce the necessary impact. Self-respect and confidence in the justice of our pursuits are the key to gaining the respect and confidence of others. An open dialogue of equals is the effective mechanism. Ultimately, the people alone are the source and test of legitimacy for any leadership. And that remains the real challenge. Drawing closer to the US should not be at the expense of the Palestinian people or the legitimacy of the leadership.

As inconclusive as it is, the PCC statement has kept the door open not only for debate but also for the possibility of future, more decisive and comprehensive resolutions. The Palestinian leadership must regain the confidence and unity of the people as a pressing national priority. Internal empowerment, genuine representation and democracy, as well as a clear-sighted and courageous policy are the indispensable keys.

 
 
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