United Nations African meeting on Palestinian rights opens in Pretoria with calls to relaunch peace

[oberliner]

PRETORIA, 9 May -- As the United Nations African meeting on the question of Palestine opened here today, Paul Badji, Chairman of the United Nations Committee on the Exercise of the Inalienable Rights of the Palestinian People, said that the meeting was being held amid broad international and regional efforts to relaunch the Israeli-Palestinian peace process. Describing the grim and worsening conditions in the Occupied Palestinian Territory, including East Jerusalem, he stressed that it was absolutely essential that concrete negotiations be taken up in earnest. Indeed, the wider Middle East region would not know peace unless the conflict between Israel and the Palestinians was ended. Only a two-State solution, including the return of all Palestinian lands and refugees, would lead to a fair and sustainable solution.

http://www.reliefweb.int/rw/RWB.NSF/db900SID/RMOI-7332JC?OpenDocument

Please note that the Chairman of the UN Committee on the Exercise of the Inalienable Rights of the Palestinian People states that the only fair solution is a two-state solution.

[Tom Joad]

1. It could be a fair solution, if Israel were committed to removing all the settlements

It opposes such a move.

[oberliner]

2. Rocket attacks and indiscriminate violence against civilians should be stopped without conditions

Nor have Palestinians committed to cease rocket attacks against Israel.

From the article:

During that visit he had also come to a better understanding of the security concerns facing Israelis. “Rocket attacks and indiscriminate violence against civilians should be stopped without conditions,” he said, adding, however, that security was also an urgent need for the Palestinians, who faced a rising death toll as a result of Israeli Defense Force (IDF) incursions, as well as internal violence in Gaza.

“I encourage both parties to demonstrate a true commitment to peace through a negotiated two-State solution,” he said, calling on Palestinians to cease rocket attacks at Israel and other indiscriminate violence against civilians. They should also work towards the immediate release of the abducted BBC journalist, Alan Johnston, and of the Israeli soldier being held captive. At the same time, he encouraged Israel to cease settlement activity and construction of the wall, to ease Palestinian movement and release Palestinian revenues, and to show progress on the release of Palestinian prisoners. “ Israel should also ensure that its military operations are in accordance with international humanitarian and human rights law, so as not to endanger civilians,” he added.

[Tom Joad]

3. Attacks against civilians should be stopped. and by both Israel and Palestine.

[Shaktimaan]

4. There's not really any way all of the settlements East

of the green line are possibly going to be dismantled. Which means Peace will have to be reached by way of negotiations that can ensure the Palestinians a viable state, with enough access to arable land and resources. But this was always the case.

The green line does not mean anything. It is just where Israel and Jordan found themselves when they ceased fighting. Every party agreed that the green line was not to be the deliniation of any future border but that a border would have to be negotiated. This idea was reinforced later by the 1978 Camp David accord with Egypt, the peace agreement in 1994 with Jordan and also in the Oslo Accords, and agreed to and signed by the PLO.

Had there ever actually been a Palestine, had the Arab states, (or even just the Palestinians), accepted the 1948 UN Partition Plan then the argument that everything east of the green line belongs, de facto, to the Palestinians would carry some weight. But the land is considered to be "de jure" territory that isn't a part of any state.

Regardless, the settlements are only 2% of the west bank. I think something can probably be worked out as compensation for that land. It is also worth mentioning that the land was taken in self-defense and its occupation has greatly reduced the number of cross-border terrorist attacks that we saw pre-occupation. Thus holding the land has always been easily justifiable from a security aspect. What this serves to do is give the real religous right-winger settlers a logical reason for being there that is not nearly as flighty as their religous claims to the land, which is obviously their primary motive for being there. It would be a far simpler issue if the Palestinians would remove the settlers' single reputable reason for being in the west bank instead of reinforcing it with extensive attacks, from Gaza especially as that gives the settler lobby greater leverage while sapping strength from the pro-peace left.

Besides, it is absurd to suggest that Israel should begin ceding land before peace is established. Who does that? No one yet.

[Douglas Carpenter]

7. settlements in the West Bank covers 1.7 percent of the West Bank, the settlements control 41.9%

of the entire West Bank according to B'tselem: The Israeli Information Center for Human Rigths in the Occupied Territories



"Since 1967, Israel has established in the West Bank (including East Jerusalem) and the Gaza Strip 152 settlements that have been recognized by the Interior Ministry. In addition, dozens of outposts of varying size have been established. Some of these outposts are settlements for all intents and purposes, but the Interior Ministry has not recognized them as such.
Israel has established in the Occupied Territories a separation cum discrimination regime, in which it maintains two systems of laws, and a person’s rights are based on his or her national origin. This regime is the only of its kind in the world, and brings to mind dark regimes of the past, such as the Apartheid regime in South Africa. "

link: http://www.btselem.org/English/Maps/Index.asp

Detailed map of settlements:

http://www.btselem.org/Download/Settlements_Map_Eng.pdf
_________________

___________________

The complete and total illegality of the settlements is affirmed by the Fourth Geneva Convention, UN Resolutions 338, 446, 452,465 and 478 and more recently by the World Court decision of July 2004. Even so the Palestinians had offered to compromise a great deal on these settlements.

"SC Resolution 465 (1980) of 1 March 1980
Accepts the conclusions and recommendations contained in the report of the Commission of the Security Council (on settlements); determines that all measures taken by Israel to change the physical character, composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.

Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem. Calls upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories; and requests the Commission to continue examining the situation relating to settlements, to investigate the reported serious depletion of natural resources, particularly water, with a view to ensuring protection of those important natural resources of the territories under occupation."

link: http://www.palestine-un.org/res/1d.html
______________

If the Israeli state begins to dismantle the settlements without expanding thousands of more housing units on even more settlements elsewhere like they did with the Gaza disengagement and if they built the Wall on Israeli territory at least in such a way that it does not effectively confiscate another 10%+ of the West Bank--then they might have something...

.

[oberliner]

5. There were once twenty-one settlements in Gaza

Now there are zero.

[Tom Joad]

6. Shaktimaan seems to agree that Israel will never dismantle the settlements in

the west bank, not all of them.

I believe if it ever does so, it will be as a result of sanctions and pressure from the world community.

You think Israel will leave the West Bank entirely?

[oberliner]

8. I think it depends on what Israeli and Palestinian leaders decide

Among Palestinians 61% support or strongly support and 37% oppose or strongly oppose an Israeli withdrawal from the West Bank and the Gaza Strip with the exception of some settlement areas in less than 3% of the West Bank that would be swapped with an equal amount of territory from Israel in accordance with a map that was presented to the Palestinian respondents.

http://www.geneva-accord.org/General.aspx?docID=1559&FolderID=45&lang=en

If that arrangement suggested in the Geneva Accords is acceptable to the majority of Palestinians and Israelis as part of a comprehensive peace agreement then so be it.

I feel that the pressure from the world community should be towards getting both sides to sit down at the negotiating table and reach an agreement that will lead to two states living side by side at peace with one another.

[Douglas Carpenter]

9. and doubled the settlement construction plans in the West Bank

http://www.washingtonpost.com/wp-dyn/content/article/2005/08/27/AR2005082701113_pf.html

http://www.iht.com/articles/2006/12/26/news/mideast.php

Including a whole new settlement in the Jordan Valley. That's a long, long way from the Green Line. link:

http://news.bbc.co.uk/2/hi/middle_east/6210721.stm


There are approximately 450,000 Israeli settlers in the West Bank, including East Jerusalem all completely illegal under international law.

.

[eyl]

10. Oh really

since you brought up East Jerusalem - do you think the presence of Jews in the Jewish quarter is against international law?

[Douglas Carpenter]

11. Any territory occupied after June 4, 1967

Under International Law any settlements built on land or people transfered from the occupying power to the occupied territory is a breach of several articles of International Law including the Fourth Geneva Convention and a number of United Nations Security Council Resolutions. This is not arguable or debatable. This is not even controversial, much less debatable. In fact under the July 9, 2004 decision regarding the illegality of the Wall even the one dissenting vote (Judge Buergenthal of the United States) in the 14 to 1 decision agreed that all the Israeli settlements and Israeli settlers in land occupied after June 4, 1967 are illegal.
link: http://www.asil.org/insights/insigh141.htm

Nonetheless given certain realities a compromise may be appropriate.
_______________

Here is just one of many U.N. Security Council Resolutions on the matter:

"105. Security Council Resolution 476 (1980) on Jerusalem, 30 June 1980.

Text:

The Security Council,

Having considered the letter of 28 May 1980 from the representative of Pakistan the current Chairman of the Organization of the Islamic Conference, as contained in document S/13966 of 28 May 1980,

Reaffirming that acquisition of territory by force is inadmissible,

Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city,

Reaffirming its resolutions relevant to the character and status of the Holy City of Jerusalem, in particular resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971 and 465 (1980) of 1 March 1980.

Recalling the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War,

Deploring the persistence of Israel, in changing the physical character, demographic composition, institutional structure and the status of the Holy City of Jerusalem,

Gravely concerned over the legislative steps initiated in the Israeli Knesset with the aim of changing the character and status of the Holy City of Jerusalem,

1. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem;

2. Strongly deplores the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly;

3. Reconfirms that all legislative and administrative -measures and actions taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of Jerusalem have no legal validity and constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;

4. Reiterates that all such measures which have altered the geographic, demographic and historical character and status of the Holy City of Jerusalem are null and void and must be rescinded in compliance with the relevant resolutions of the Security Council;

5. Urgently calls on Israel, the occupying Power, to abide by this and previous Security Council resolutions and to desist forthwith from persisting in the policy and measures affecting the character and status of the Holy City of Jerusalem;

6. Reaffirms its determination in the event of non-compliance by Israel with this resolution, to examine practical ways and means in accordance with relevant provisions of the Charter of the United Nations to secure the full implementation of this resolution."

link:

http://www.mfa.gov.il/MFA/Foreign%20Relations/Israels%20Foreign%20Relations%20since%201947/1979-1980/105%20Security%20Council%20Resolution%20476%20-1980-%20on%20Jeru


.

[Douglas Carpenter]

12. this is the proposed Geneva Initiative compromise on Jerusalem:

Article 6 – Jerusalem

link to actual text of the Geneva Accord:

http://www.geneva-accord.org/Accord.aspx?FolderID=33&lang=en

1. Religious and Cultural Significance:

i. The Parties recognize the universal historic, religious, spiritual, and cultural significance of Jerusalem and its holiness enshrined in Judaism, Christianity, and Islam. In recognition of this status, the Parties reaffirm their commitment to safeguard the character, holiness, and freedom of worship in the city and to respect the existing division of administrative functions and traditional practices between different denominations.

ii. The Parties shall establish an inter-faith body consisting of representatives of the three monotheistic faiths, to act as a consultative body to the Parties on matters related to the city’s religious significance and to promote inter-religious understanding and dialogue. The composition, procedures, and modalities for this body are set forth in Annex X.

2. Capital of Two States

The Parties shall have their mutually recognized capitals in the areas of Jerusalem under their respective sovereignty.

3. Sovereignty

Sovereignty in Jerusalem shall be in accordance with attached Map 2. This shall not prejudice nor be prejudiced by the arrangements set forth below.



4. Border Regime:

The border regime shall be designed according to the provisions of Article 11, and taking into account the specific needs of Jerusalem (e.g., movement of tourists and intensity of border crossing use including provisions for Jerusalemites) and the provisions of this Article.
5. al-Haram al-Sharif/ Temple Mount (Compound)

i. International Group

a. An International Group, composed of the IVG and other parties to be agreed upon by the Parties, including members of the Organization of the Islamic Conference (OIC), shall hereby be established to monitor, verify, and assist in the implementation of this clause.

b. For this purpose, the International Group shall establish a Multinational Presence on the Compound, the composition, structure, mandate and functions of which are set forth in Annex X.

c. The Multinational Presence shall have specialized detachments dealing with security and conservation. The Multinational Presence shall make periodic conservation and security reports to the International Group. These reports shall be made public.

d. The Multinational Presence shall strive to immediately resolve any problems arising and may refer any unresolved disputes to the International Group that will function in accordance with Article 16.

e. The Parties may at any time request clarifications or submit complaints to the International Group which shall be promptly investigated and acted upon.

f. The International Group shall draw up rules and regulations to maintain security on and conservation of the Compound. These shall include lists of the weapons and equipment permitted on the site.

ii. Regulations Regarding the Compound

a. In view of the sanctity of the Compound, and in light of the unique religious and cultural significance of the site to the Jewish people, there shall be no digging, excavation, or construction on the Compound, unless approved by the two Parties. Procedures for regular maintenance and emergency repairs on the Compound shall be established by the IG after consultation with the Parties.

b. The state of Palestine shall be responsible for maintaining the security of the Compound and for ensuring that it will not be used for any hostile acts against Israelis or Israeli areas. The only arms permitted on the Compound shall be those carried by the Palestinian security personnel and the security detachment of the Multinational Presence.

c. In light of the universal significance of the Compound, and subject to security considerations and to the need not to disrupt religious worship or decorum on the site as determined by the Waqf, visitors shall be allowed access to the site. This shall be without any discrimination and generally be in accordance with past practice.



5. al-Haram al-Sharif/ Temple Mount (Compound)

i. International Group

a. An International Group, composed of the IVG and other parties to be agreed upon by the Parties, including members of the Organization of the Islamic Conference (OIC), shall hereby be established to monitor, verify, and assist in the implementation of this clause.

b. For this purpose, the International Group shall establish a Multinational Presence on the Compound, the composition, structure, mandate and functions of which are set forth in Annex X.

c. The Multinational Presence shall have specialized detachments dealing with security and conservation. The Multinational Presence shall make periodic conservation and security reports to the International Group. These reports shall be made public.

d. The Multinational Presence shall strive to immediately resolve any problems arising and may refer any unresolved disputes to the International Group that will function in accordance with Article 16.

e. The Parties may at any time request clarifications or submit complaints to the International Group which shall be promptly investigated and acted upon.

f. The International Group shall draw up rules and regulations to maintain security on and conservation of the Compound. These shall include lists of the weapons and equipment permitted on the site.

ii. Regulations Regarding the Compound

a. In view of the sanctity of the Compound, and in light of the unique religious and cultural significance of the site to the Jewish people, there shall be no digging, excavation, or construction on the Compound, unless approved by the two Parties. Procedures for regular maintenance and emergency repairs on the Compound shall be established by the IG after consultation with the Parties.

b. The state of Palestine shall be responsible for maintaining the security of the Compound and for ensuring that it will not be used for any hostile acts against Israelis or Israeli areas. The only arms permitted on the Compound shall be those carried by the Palestinian security personnel and the security detachment of the Multinational Presence.

c. In light of the universal significance of the Compound, and subject to security considerations and to the need not to disrupt religious worship or decorum on the site as determined by the Waqf, visitors shall be allowed access to the site. This shall be without any discrimination and generally be in accordance with past practice.



iii. Transfer of Authority

a. At the end of the withdrawal period stipulated in Article 5/7, the state of Palestine shall assert sovereignty over the Compound.

b. The International Group and its subsidiary organs shall continue to exist and fulfill all the functions stipulated in this Article unless otherwise agreed by the two Parties.

6. The Wailing Wall

The Wailing Wall shall be under Israeli sovereignty.

7. The Old City:

i. Significance of the Old City

a. The Parties view the Old City as one whole enjoying a unique character. The Parties agree that the preservation of this unique character together with safeguarding and promoting the welfare of the inhabitants should guide the administration of the Old City.

b. The Parties shall act in accordance with the UNESCO World Cultural Heritage List regulations, in which the Old City is a registered site.

ii. IVG Role in the Old City

a. Cultural Heritage

1. The IVG shall monitor and verify the preservation of cultural heritage in the Old City in accordance with the UNESCO World Cultural Heritage List rules. For this purpose, the IVG shall have free and unimpeded access to sites, documents, and information related to the performance of this function.

2. The IVG shall work in close coordination with the Old City Committee of the Jerusalem Coordination and Development Committee (JCDC), including in devising a restoration and preservation plan for the Old City.

b. Policing

1. The IVG shall establish an Old City Policing Unit (PU) to liaise with, coordinate between, and assist the Palestinian and Israeli police forces in the Old City, to defuse localized tensions and help resolve disputes, and to perform policing duties in locations specified in and according to operational procedures detailed in Annex X.

2. The PU shall periodically report to the IVG.

c. Either Party may submit complaints in relation to this clause to the IVG, which shall promptly act upon them in accordance with Article 16.

iii. Free Movement within the Old City

Movement within the Old City shall be free and unimpeded subject to the provisions of this article and rules and regulations pertaining to the various holy sites.

iv. Entry into and Exit from the Old City

a. Entry and exit points into and from the Old City will be staffed by the authorities of the state under whose sovereignty the point falls, with the presence of PU members, unless otherwise specified.

b. With a view to facilitating movement into the Old City, each Party shall take such measures at the entry points in its territory as to ensure the preservation of security in the Old City. The PU shall monitor the operation of the entry points.

c. Citizens of either Party may not exit the Old City into the territory of the other Party unless they are in possession of the relevant documentation that entitles them to. Tourists may only exit the Old City into the territory of the Party which they posses valid authorization to enter.

v. Suspension, Termination, and Expansion

a. Either Party may suspend the arrangements set forth in Article 6.7.iii in cases of emergency for one week. The extension of such suspension for longer than a week shall be pursuant to consultation with the other Party and the IVG at the Trilateral Committee established in Article 3/3.

b. This clause shall not apply to the arrangements set forth in Article 6/7/vi.

c. Three years after the transfer of authority over the Old City, the Parties shall review these arrangements. These arrangements may only be terminated by agreement of the Parties.

d. The Parties shall examine the possibility of expanding these arrangements beyond the Old City and may agree to such an expansion.

vi. Special Arrangements

a. Along the way outlined in Map X (from the Jaffa Gate to the Zion Gate) there will be permanent and guaranteed arrangements for Israelis regarding access, freedom of movement, and security, as set forth in Annex X.

1. The IVG shall be responsible for the implementation of these arrangements.

b. Without prejudice to Palestinian sovereignty, Israeli administration of the Citadel will be as outlined in Annex X.

vii. Color-Coding of the Old City

A visible color-coding scheme shall be used in the Old City to denote the sovereign areas of the respective Parties.

viii. Policing

a. An agreed number of Israeli police shall constitute the Israeli Old City police detachment and shall exercise responsibility for maintaining order and day-to-day policing functions in the area under Israeli sovereignty.

b. An agreed number of Palestinian police shall constitute the Palestinian Old City police detachment and shall exercise responsibility for maintaining order and day-to-day policing functions in the area under Palestinian sovereignty.

c. All members of the respective Israeli and Palestinian Old City police detachments shall undergo special training, including joint training exercises, to be administered by the PU.

d. A special Joint Situation Room, under the direction of the PU and incorporating members of the Israeli and Palestinian Old City police detachments, shall facilitate liaison on all relevant matters of policing and security in the Old City.

ix. Arms

No person shall be allowed to carry or possess arms in the Old City, with the exception of the Police Forces provided for in this agreement. In addition, each Party may grant special written permission to carry or possess arms in areas under its sovereignty.

x. Intelligence and Security

a. The Parties shall establish intensive intelligence cooperation regarding the Old City, including the immediate sharing of threat information.

b. A trilateral committee composed of the two Parties and representatives of the United States shall be established to facilitate this cooperation.

8. Mount of Olives Cemetery:

i. The area outlined in Map X (the Jewish Cemetery on the Mount of Olives) shall be under Israeli administration; Israeli law shall apply to persons using and procedures appertaining to this area in accordance with Annex X.

a. There shall be a designated road to provide free, unlimited, and unimpeded access to the Cemetery.

b. The IVG shall monitor the implementation of this clause.

c. This arrangement may only be terminated by the agreement of both Parties.

9. Special Cemetery Arrangements

Arrangements shall be established in the two cemeteries designated in Map X (Mount Zion Cemetery and the German Colony Cemetery), to facilitate and ensure the continuation of the current burial and visitation practices, including the facilitation of access.

10. The Western Wall Tunnel

i. The Western Wall Tunnel designated in Map X shall be under Israeli administration, including:

a. Unrestricted Israeli access and right to worship and conduct religious practices.

b. Responsibility for the preservation and maintenance of the site in accordance with this Agreement and without damaging structures above, under IVG supervision.

c. Israeli policing.

d. IVG monitoring

e. The Northern Exit of the Tunnel shall only be used for exit and may only be closed in case of emergency as stipulated in Article 6/7.

ii. This arrangement may only be terminated by the agreement of both Parties.

link to actual text of the Geneva Accord:

http://www.geneva-accord.org/Accord.aspx?FolderID=33&lang=en

link to Geneva Accord Maps:

http://www.geneva-accord.org/Map.aspx?FolderID=34&lang=en

.