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

--The legal basis for Palestinian statehood is UN Resolution 181, the very same Resolution which gave legality to the establishment of the state of Israel on most of the territory of historical Palestine. While only part of the Resolution was implemented, the other which deals with Arab state was never implemented. Should Israel reject R181, then it is negating the legal foundations of its own creation.

--On November 15, 1988, the Palestinian National Council (parliament in exile) officially accepted the two-state solution and declared Palestinian statehood on the basis of R181. The Declaration of Independence is thus the Palestinian constitutional reference for statehood.

--At no time have the Palestinians abandoned international law, and in particular the body of relevant UN resolutions, as the legal terms of referencing binding on all aspects of Palestinian life, rights, and policies.

--In particular, the only acceptable basis for the resolution of the Palestinian refugee question is UN Resolution 194. The status of Jerusalem (and the illegality of its unilateral annexation by Israel), the rest of the Israeli-occupied Palestinian territories (and the inadmissibility of Israeli settlements and land confiscation), and the rights of Palestinians in exile and under occupation are all subject to the pertinent resolutions and applicable international conventions.

--The terms of reference of the Peace Process, as launched in Madrid and restated in the Declaration of Principles, are the equation of land for peace and implementation of UN resolutions 242 and 338 which apply to the territories occupied by Israel in 1967. All interim agreements are governed by these principles, and are in no way a substitute or a negation of international legality.

--May 4, 1999 signals the end of the interim phase and the period allotted for permanent status talks as stipulated in the DOP and the agreed timetable. This date has never been a unilateral Palestinian designation; rather, it is the outcome of the international consensus of all parties that witnessed and ratified these agreements.

--The end of this agreed period requires a reaffirmation of the legal foundations that govern the realities of the region, which include the Palestinian right to self determination and independent statehood. If this is not done, then several possibilities emerge:

*the de facto extension of the interim phase which would transform the temporary arrangements of this phase into an untenable permanent reality, thus creating the conditions for further conflict;
*the exploitation of this additional time by Israel for further imposition of prejudicial facts on the ground, particularly on the permanent status issues of Jerusalem, settlements, and land/boundaries--all of which would undermine the very foundation and future possibilities of peace;
*the perpetuation of a volatile status quo with all its inequities (including collective punitive measures, economic deprivation, and other human rights violations) which would generate confrontations and further distrust and hostility;
*the undermining of the legality of the process whose agreements and timetable have not been honored, which would lead to distrust in any further negotiating process and would discredit all parties involved.

-- Palestinian statehood, therefore, was presented as a positive contribution to prevent further deterioration and to project a constructive collective endeavor, entirely consistent with the peace process and international law.

--Palestinian statehood is not subject to Israeli approval, nor is it to be negotiated as a right. The Palestinian state should not be made subject to Israeli elections, and the right itself must not be prejudiced by such considerations. Benjamin Netanyahu's (and other extremists') attempts at exploiting this issue in the elections as part of the scare tactics campaign should not be allowed to prevail. Nor should this Israeli government's threats of reoccupation or instant land annexation become the over-riding factor in Palestinian or international policy positions.

--The most appropriate means to deal with such politics of fear and intimidation is the public and unequivocal adoption of a position in favor of Palestinian independence and sovereignty, not only as consistent with international law, but also as a desirable objective for the realization of a just peace. The eradication of the contrived extremists' "taboo" from Israeli perceptions is in the interest of all concerned parties.

--Those countries and leaders who are attempting to influence the Palestinian position on the date of statehood can make a more positive contribution by standing up to Netanyahu's threats and debunking his myths--mainly by demystifying and supporting the issue themselves.

--Should the international community wish to introduce a new initiative, then it has to formulate a coherent proposal consistent with international law and with the concerns stated above.

--Only then can such an initiative be considered as a serious option with guarantees on the cessation of settlements, land and Jerusalem ID expropriations, illegal measures for the Israeli annexation of Jerusalem, and all other violations of the Fourth Geneva Convention.

--In addition, it must offer guarantees on the binding timetable, and must clearly commit to the establishment and recognition of the Palestinian state as an essential requirement for a just peace and regional security.

--Israeli elections, and other Israeli domestic issues, must not be the determining factor in formulating Palestinian policies or in defining Palestinian rights.

--For Palestinian statehood to become a concrete reality rather than an abstract political slogan (or maneuver), serious preparatory steps must be taken to ensure recognition and support from the Arab world and the international community.

--More importantly, the real issue is the nature of this state. The Palestinian people desire and deserve a genuinely democratic state which protects the rights and freedoms of all its citizens. It must ensure the rule of law (and the legislation of just laws), and establish efficient and accountable public institutions while adopting an inclusive and participatory system of governance.

--The embodiment of such a democratic state requires immediate action in preparation for elections-both at the local government and at the legislative and presidential levels. Such elections must not be subject to the constraints of the interim phase agreements, but must be genuine exercises of sovereignty in accordance with Palestinian realities and rights. In this context, a real separation of powers and the assured respect for the independence and integrity of the judiciary are imperative.

--Ultimately, Palestinian statehood in an emergent reality, steadily gaining acceptance and support. The issue is neither technical nor tactical. It is the substantive Palestinian right to live in freedom and dignity on their own land in a contemporary democratic state on par with the other nations of the world and consistent with the 1988 Declaration of Independence.

 
 
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