SECURITY COUNCIL’S FAILURE TO IMPLEMENT ITS RESOLUTIONS ALLOWED ISRAEL TO BEHAVE AS ‘COUNTRY ABOVE INTERNATIONAL LAW’, PALESTINE RIGHTS COMMITTEE TOLD

Committee on Inalienable Rights

of the Palestinian People

263^rd Meeting (AM)

SECURITY COUNCIL’S FAILURE TO IMPLEMENT ITS RESOLUTIONS ALLOWED ISRAEL TO BEHAVE

AS ‘COUNTRY ABOVE INTERNATIONAL LAW’, PALESTINE RIGHTS COMMITTEE TOLD

Israel's military offensive beginning on 29 March had resulted in the re-occupation of Palestinian areas, destruction and unlimited atrocities, the Committee on the Exercise of the Inalienable Rights of the Palestinian People heard this morning, as it met to discuss developments in the Middle East peace process and the situation in the occupied Palestinian territory.

The Observer of Palestine, describing the military action as an attempt to destroy the present and even the future of the Palestinian people, said it had continued for more than a month, despite an international outcry and the adoption of four important Security Council resolutions.  Unfortunately, Israel had openly flouted them and had increased its military assault.  The Council's failure to follow up with the implementation of its own resolutions had allowed Israel to behave as a country above international law and the Council’s authority.

Regarding proposals for an international peace conference, he said it must include all concerned parties on the Arab side, including Syria and Lebanon, and have a clear political basis and terms of reference.  A comprehensive approach must be adopted in order to reach agreement on a road map, including the final goal to be met, as well as on the steps required to achieve that goal.

Also speaking this morning, Malaysia's representative stressed the importance of reacting to the rejection by Israel’s Likud party of the creation of a Palestinian State.  That position, if maintained, could be a recipe for full-blown war and should not be allowed to become part of mainstream Israeli political thinking, he warned.

He said Prime Minister Mahathir Mohammed of Malaysia had emphasized during a meeting with United States President George W. Bush the need for greater American involvement and unstinting support in the quest for a comprehensive settlement in the Middle East, especially the core issue of Palestine.  As much as every country was expected to co-operate with the war against international terrorism, that war would not be fully effective unless the Palestine question was resolved.

Committee Chairman Papa Louis Fall (Senegal), reported on the United Nations International Meeting in Support of Middle East, held in Nicosia, Cyprus, on

16 and 17 April 2002, and a United Nations NGO Meeting in Solidarity with the Palestinian People held on 18 April 2002.

He said the Nicosia Declaration expressed alarm that the intensification of the conflict would bring even greater suffering and dispossession to the Palestinian people and threaten the security and stability of the entire region.  It urged that the political track should be pursued vigorously on the basis of Security Council resolutions 242 (1967), 338 (1973) and 1397 (2002) and endorsed the idea of deploying some form of international presence.

The Chairman also reported on his participation in the seventy-fifth ordinary session of the Organization of African Unity (OAU) Council of Ministers, held in Addis Ababa, Ethiopia, from 9 to 15 March, 2002, and in the Ministerial meeting of the Co-ordinating Bureau of the Non-Aligned Movement in Durban, South Africa, from 27 to 29 April 2002.

Other speakers this morning were the representatives of Morocco and Afghanistan.

The Committee will meet again on a date to be announced.

Background

The Committee on the Exercise of the Inalienable Rights of the Palestinian People met this morning to discuss developments in the Middle East peace process and the situation in the occupied Palestinian territory, including Jerusalem.

It was also expected to hear reports by its Chairman on the United Nations International Meeting in Support of Middle East Peace and the International Non-governmental Organization (NGO) Meeting in Solidarity with the Palestinian People, both held in Nicosia, Cyprus, as well as on his participation at international conferences and meetings during the period from March to April.

Statements

Committee Chairman PAPA LOUIS FALL (Senegal) informed the Committee of some activities that had taken place since the Committee last met on 12 February, such as his meeting with the NGO Working Group on Israel/Palestine, during which they exchanged views on the situation in the region, the position of the Committee in that regard, and the work done by civil society.  Also, in continuing the dialogue begun in November 1997 with the European Union, the Bureau met with the EU delegation on 27 March to discuss the current and future activities of the Committee and the position of the Union on the question of Palestine.

The past three months had been filled with extremely disturbing events on the ground, he noted, the implications of which were yet to be assessed.  It had been a very busy period for the Security Council, the General Assembly, the Secretary-General and the United Nations as a whole.  Also, the “Quartet” had had a series of meetings at various levels during that period.  Recently, several ideas on how to end the conflict and restore the political process had been the subject of intense discussions. 

On 5 March, in response to the dangerously escalating developments in the region, he addressed a letter to the Secretary-General, informing him of the Committee’s position in that regard.  As the situation continued to deteriorate, the Bureau, on 5 April, issued a statement on the situation in the occupied Palestinian territory, including Jerusalem, which was issued as Press release GA/PAL/879. 

The Security Council, he continued, had considered the issue on a number of occasions both in closed consultations and open meetings.  As a result, four important resolutions had been adopted –- 1397, 1402, 1403 and 1405.  As it became evident that the discussions in the Council would prove inconclusive, the Arab Group and the Non-Aligned Movement called for the resumption of the Tenth Emergency Special Session of the Assembly, which it did on 7 May.  The Assembly had adopted resolution ES-10/10. 

Describing the latest developments in the region, NASSER AL-KIDWA, Observer of Palestine, said the recent period had been extremely difficult for the Palestinian people.  Since 28 September 2000, Israel had launched a bloody military campaign.  As if such a campaign was not enough, the occupying Power started an overall military assault on 29 March against the Palestinian people and the Palestinian Authority.  It had re-occupied virtually all of the Palestinian population centres and committed unlimited atrocities. 

The occupying forces, he continued, had committed wilful killings and had destroyed a vast amount of infrastructure and homes.  In short, the Israeli forces had been trying to destroy the present and even the future of the Palestinian people.  In doing so, those forces had committed war crimes as described in the Fourth Geneva Convention in many towns, but especially in the Jenin refugee camp.  Such military action had continued for over a month in spite of international outcry and Security Council resolutions.

In response to that dangerous situation, the Council had been engaged throughout that period, he said.  It had adopted resolution 1397, spelling out the vision of the Council for achieving peace in the Middle East, with the existence of two States -– Israel and Palestine.  That had signified a positive change on the part of some influential members of the Council and the promise of more useful activities to be undertaken by the Council.  Following, and in reaction to the Israeli military assault, the Council adopted had resolutions 1402 and 1403, which were other positive indications of its willingness to play a constructive role.

Unfortunately, he said, those resolutions were openly flouted by the occupying Power, which increased its military assault rather than complying with the resolutions.  The Council then failed to fulfil its duties under the Charter and follow up with the implementation of its own resolutions.  Thus, it allowed Israel to behave as a country above international law and above the authority of the Council.  The Council also adopted resolution 1405, in response to allegations of a massacre in the Jenin refugee camp. 

Subsequently, Israel had raised objections to the composition of a fact-finding team established by the Secretary-General and tried to blackmail him to impose restrictions on the team and the access given to it, he said.  When all that failed and the Secretary-General stood fast, Israel then openly refused to cooperate with the mission.  The big scandal was the fact that the Council still failed to react to that, raising serious questions about its credibility and its ability to fulfil its obligations under the Charter.

As a result of that, the Assembly resumed its Tenth Emergency Special Session, which considered a comprehensive draft resolution dealing with all aspects of the situation, particularly the events in Jenin.  The text included a request to the Secretary-General to prepare a report on the events in Jenin.  He expected the Secretary-General to submit a speedy report, which would form the basis for action by the Assembly regarding Israeli atrocities and war crimes.

The Committee on Palestine of the Non-Aligned Movement, at its meeting on  27 April, had adopted the Declaration on Palestine, which contained specific measures to be implemented and followed up at the United Nations, he said.  Specifically, there were six issues.  The first issue was to ensure that the credentials of Israel to the General Assembly and international conferences did not cover the occupied Palestinian territory, including Jerusalem, and other occupied Arab territories, such as the Golan Heights.  Secondly, it was necessary to follow up on the Declaration adopted by the Conference of the High Contracting Parties to the Fourth Geneva Convention.

The third issue, he continued, was to stress the liability of the international community regarding holding the perpetrators of war crimes responsible and bringing them to justice, either at the national level or through the United Nations system.  Fourth, it was important to follow up on the complete implementation of Council resolutions 1402, 1403 and 1405.  The fifth issue was to follow up on the Secretary-General’s proposal to set up a multinational force to protect Palestinian civilians.  Sixth, it was necessary to insist on a comprehensive approach regarding the peaceful settlement of the Israeli/Palestinian conflict with an increased role played by the United Nations, particularly the Security Council.

Currently, he said, there were some talks about an international conference. The Palestinian side had indicated that a serious international conference could be a suitable step forward.  By serious, he meant a conference with the attendance of all concerned parties on the Arab side, including Syria and Lebanon, as well as a conference that had clear a political basis and clear terms of reference.  It was necessary to adopt a comprehensive approach to reach agreement on a road map, including the final goal, the Secretary-General’s proposal for an international presence, and the steps to be taken until the final goal was met. 

Referring to statements made by some on the need for reforms within the Palestinian Authority, he said that such matters were an internal affair and had no bearing on peace efforts or on whatever negotiations might be conducted.  The Palestinian side was interested in taking another look at the internal situation in light of the fact that the whole situation was created on the basis that it would only last less than five years and lead to the establishment of an independent Palestinian State.  That did not happen due to the Israeli side. 

HASMY AGAM (Malaysia), referring to the neutral position adopted by the European Union, said there could be no question of sitting on the fence.  The Union would have to take a position when human rights were violated.  He expressed the hope that the point would be put across as forcefully as possible in official meetings so that the European Union would get the message by sheer dint of repetition.

Expressing disappointment with the Security Council’s failure to take action on Israel’s rejection of the Secretary-General’s fact-finding team, he stressed the need to continue applying pressure on the Council to discharge its responsibilities.  It must ensure that the possible massacre in Jenin was not swept under the carpet.  The idea of an international force for the Middle East must also be pushed, as it was now a recurrent idea that an interposing force should be deployed in the region.

He said it was important to react to the position of Israel’s Likud party rejecting outright the creation of a Palestinian State.  That position, if maintained, could be a recipe for full-blown war.  It was the position of a party that formed the core of the Government of Israel and should not be allowed to develop into a mainstream idea in Israeli political thinking, he warned.

Referring to the meeting between Prime Minister Mahathir Mohammed of Malaysia and United States President George W. Bush, he said the Prime Minister had emphasized the need for greater United States involvement and unstinting support in the quest for a comprehensive settlement in the Middle East, especially the core issue of Palestine.  As much as every country was expected to cooperate with the United States in the war against terrorism, that war would not be fully effective unless the core issue was resolved.  The Prime Minister had gone into some detail about the need to deal with the root causes of the conflict, he added.

Report by Chairman

Committee Chairman PAPA LOUIS FALL (Senegal), reported on the United Nations International Meeting in Support of the Middle East, held in Nicosia, Cyprus, on 16 and 17 April 2002, and a United Nations NGO Meeting in Solidarity with the Palestinian People held on 18 April 2002. 

He said representatives of 53 Governments, Palestine, three intergovernmental organizations, 10 United Nations bodies, 33 civil society organizations, special guests of the host country and representatives of the media, universities and institutes had attended the meeting.  They had heard an opening address by Nabil Shaath, Minister of Planning of the Palestinian Authority, and presentations by 12 experts from Europe, North America and the Middle East, including Palestinians and Israelis.  An additional six experts had spoken in the NGO meeting.

Unfortunately, he said, due to the closure imposed by Israel, one speaker from Ramallah, two from Gaza City and a number of NGO representatives had been prevented from attending the major Committee event.  The Committee’s delegation to Nicosia had issued a statement expressing deep regret at their absence and denouncing the Israeli policy of closures, collective punishment and constant violations of the human rights of the Palestinians.

He said the meeting had adopted the Nicosia Declaration, expressing alarm that the intensification of the conflict would bring even greater suffering and dispossession to the Palestinian people and threaten the security and stability of the entire region.  Particularly appalling was the unprecedented destruction caused by the Israeli reoccupation of the Jenin refugee camp.

Participants had urged that the political track should be pursued vigorously on the basis of Security Council resolutions 242 (1967), 338 (1973) and 1397 (2002) and endorsed the idea of deploying some form of international presence, he said.  They had also urged an intensification of peace-making efforts by the Quartet -– the United States, Russian Federation, European Union and the United Nations –- as well as by other international and regional actors.

Regarding the second meeting, he said it had ended with the adoption of an NGO Statement and Plan of Action.  The reports of the two meetings would be issued as a publication of the Division for Palestinian Rights, and a summary would be included in the report to the fifty-seventh session of the General Assembly.  A copy of the Nicosia Declaration and the NGO Plan of Action adopted by the second meeting had been posted in the UNISPAL and NGONETWORK Web sites that the Division maintained on the Internet.

He said the Committee was represented in Nicosia by Bruno Rodriguez Parrilla (Cuba), Vice-Chairman; Ravan Farhadi (Afghanistan), Vice-Chairman; Walter Balzan (Malta), Rapporteur, who acted as Rapporteur of the meeting; Sotirios Zackheos (Cyprus); and the Committee Chairman as head of the delegation.

Report on OAU Ministerial Meeting

The Chairman Mr. Fall, then reported on his participation in the seventy-fifth ordinary session of the Organization of African Unity (OAU) Council of Ministers from 9 to 15 March, 2002, which had devoted considerable time to the

question of Palestine and the Middle East.  He said delegations had denounced Israel's resort to systematic, disproportionate reprisals based on its policy of betting everything on a security and military solution.

The Ministers had called on the Security Council to react immediately by emphasizing a peaceful political settlement and promoting the resurrection of the peace process, to which the Saudi peace initiative, based on normalization in return for complete withdrawal, was a contribution, he said.

Adopting its Declaration on 15 March, he said, the Council of Ministers had firmly condemned the wave of murders, assassinations, collective punishments and all the barbarous Israeli practices against the Palestinian people.  It had also condemned Israel’s policy of destroying the Palestinian economy and institutions and its attacks against the Palestinian Authority in Gaza and against the Palestinian refugee camps.  Likewise, the Ministers had condemned the Israeli Government for its current policy that was jeopardizing the peace process and called on it to halt its criminal terrorist activities immediately and return to the negotiating table.

He said the Council had emphasized the need for the sponsors of the peace process and the United Nations to take appropriate steps to send international observers to the Palestinian territories and to obtain the lifting of the Israeli blockade imposed on the Palestinian people.  It had also emphasized the right of the Palestinian people to self-determination and to the creation of an independent State with Jerusalem/Al-Quds as its capital.  The Ministers had paid tribute to the resistance of the Palestinian people, and reaffirmed their solidarity with and support for their just and legitimate struggle under the leadership of the Palestine Liberation Organization.

Other Matters

MOHAMMED LOULICHKI (Morocco) said that based on its support for the Palestinian people and its legitimate leadership, his country was ready to host the African meeting, which the Committee intended to organize in order to mobilize international support for the inalienable rights of the Palestinian people.  It intended to hold the meeting in Rabat, and the Permanent Mission of Morocco was at the Committee’s disposal in specifying a suitable date.

Mr. AL-KIDWA expressed his gratitude to the Chairman for his efforts as well as to Morocco for its generous offer to host the African meeting, which would enrich the work of the Committee.  In addition, he thanked the Government and people of Cyprus for hosting the Nicosia meetings.

He supported the proposal by Malaysia concerning the need for the Committee to express its stand condemning the latest decision by the Likud Party to reject the establishment of not only a Palestinian State but of any State west of the Jordan River.  It was not merely a rejection of peace but a step backward and must be strongly condemned.  The Chairman should make a short statement within the context of the traditional position of the Committee. 

RAVAN FARHADI (Afghanistan) said it was important for the Committee to be represented at the meeting in Morocco.  He also noted that Malaysia, as host of the next Non-Aligned Movement meeting to be held in February, should also be present at the Morocco meeting.