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Source : The Guardian

Who recognized recently Palestine ?

Vendredi, 22 juillet 2011 - 10 h 17 AM

vendredi 22 juillet 2011

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Who recognized recently ?

The establishment of a Palestinian state was a promise made to the Palestinian people by the international community that is long-overdue

The right of the Palestinian people to an independent, sovereign state has been awaiting implementation for over sixty years now. It is a debt owed by the international community to the Palestinian People that is long-overdue.
When the British government sought to terminate its mandate in Palestine, the international community, through the UN, recommended a solution to the conflict between immigrant Jewish communities and the indigenous Palestinian Arabs. That solution, contained in General Assembly Resolution 181, called for the creation of two states. Today, however, it is only the State of Israel one state that exists and is a full member of the UN. The Palestinians, who have suffered decades of displacement, dispossessions, and a —Israel, while the state for the Palestinians, the people who have suffered exile and the systematic denial of their national and human rights, has have yet to be welcomed into the community of nations.

In 1988, the PLO declared the establishment of the State of Palestine over the territory occupied by Israel in 1967 (the West Bank, including East Jerusalem, and the Gaza Strip). By limiting our national aspirations to 22% of the Palestinian people’s historic homeland, the PLO made an historic compromise in the interest of peace. Palestinian concessions over land have been painful but they have been honored. Now it is time for Israel and the international community to honor commitments made to us by recognizing the State of Palestine on the remaining 22% of our patrimony and admitting Palestine to the UN as a full member.

Recognition of the State of Palestine affirms previous important UN resolutions

The right of the Palestinian people to self-determination has been universally recognized by the UN. In particular, UNGA Resolution 3236 stated that the right of independence of Palestine is “inalienable” and that the Palestinian people have a right to a “sovereign and independent” state. UNGA Resolution 2649 confirmed the right of the people of Palestine to self-determination while UNGA Resolution 2672 declared that respecting our inalienable rights is an indispensable element in the establishment of a just and lasting peace in the Middle East. Moreover, the International Court of Justice, in its 2004 Advisory Opinion on the Wall of Separation in the Occupied Palestinian Territory, recognized that Israel’s actions inside the Occupied Palestinian Territory that prejudice Palestinian rights to a homeland there “severely impedes the exercise by the Palestinian people of its right to self-determination, and is therefore a breach of Israel’s obligation to respect that right.”

The Oslo Peace Process should not be used as a smoke screen to enable Israel’s continued confiscation of Palestinian land in the Occupied Palestinian Territory

The Palestine Liberation Organization signed the Oslo Accords and entered into the peace process with the hope that an independent and sovereign Palestinian State—made up of West Bank, including East Jerusalem, and the Gaza Strip—would emerge after the conclusion of a five-year interim period. However, almost 20 years have passed since the signing of the Oslo Accords and Israel has continued to colonize more Palestinian land and more Palestinian resources. In fact, the number of Israeli settlers living in the West Bank more than doubled since the signing of the Oslo Accords in 1993, Palestinians today continue to see more Palestinian homes demolished and the Palestinian national economy has been severely damaged by the closure regime and blockade Israel has forced on Palestinians in the West Bank and Gaza Strip.

· Recognition of the State of Palestine is consistent with the understanding that formed the basis for the Interim Agreement

Recognizing the Palestinian State is consistent with the very basis for the Oslo Interim Agreement. In fact, the Interim Agreement created the Palestinian National Authority as a transitional body to prepare the institutions of government for the moment when Israel would finally terminate its occupation over our land. We are well beyond the interim period and Palestinian national institutions under the umbrella of the interim Palestinian National Authority are now ready to serve the State of Palestine.

To recognize the State of Palestine is not a substitute for negotiations

Recognition of the State of Palestine is not a substitute for negotiations. Rather, it strengthens the possibility of reaching a just and lasting peace based on the terms of reference accepted by the international community as a basis for resolving the conflict. It affirms respect for UNSC Resolution 242 by not recognizing Israel’s colonization of Palestinian land beyond the 1967 border and the acquisition of territory by force. It is also consistent with the Arab Peace Initiative, which promised normalization of relations between Israel and the Arab World upon the implementation of terms of a peace agreement.
To end the conflict, the parties will still need to discuss how to reach a comprehensive peace agreement on all of the core issues, including Jerusalem, refugees, security, territory, and natural resources.

Through its unilateral acts, Israel has fundamentally changed the physical and demographic make-up of the West Bank and is threatening the viability of the two-state solution

Opponents of our efforts to obtain recognition and to join the UN as a full members argue that recognizing the State of Palestine violates Article XXXI, para. 7 of the Oslo Interim Agreement which provides that “parties agree not to initiate or take any step that will change the status quo of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations.” In fact, it is Israel, the occupying power, that has sought to change both the de jure and de facto status of the occupied territory through its colonization of our land, and the implantation of its settlers, a population which has increased from 236,000 in 1993 to over 500,000 today. Other examples of Israel’s attempts to change the status of the occupied territory include its annexation of East Jerusalem and the No Man’s Land, construction of the Wall of Separation in the West Bank, its isolation of the Gaza Strip, and its closure of the Jordan Valley and Dead Sea. As recent reports from the World Bank and UN have shown, the Israeli occupation is the major obstacle for Palestinian institution-building and economic development.

The human tights of the Palestinian people cannot be held hostage by Israeli policies and practices

The right to self determination of the Palestinian people is an inalienable right that cannot be negotiated away. It is a jus cogens norm that must be respected by states and it has been recognized as an erga omnes right making it mandatory for the actions of the international community to be informed by it. The Palestinian people must be provided the opportunity to “freely determine their political status and freely pursue their economic, social and cultural development" as provided by Common Article 1 of the international covenants on Civil and Political Rights and on Economic and Social Rights.
Likewise, all other internationally recognized human rights that have been denied Palestinians for decades and which have been repeatedly reaffirmed by the UN must also be a part of any negotiated settlement with Israel.

To recognize the Palestinian State is a sovereign decision that supports international law

To recognize the Palestinian State on the 1967 border is a sovereign decision of each state ; it is a nonviolent action that supports the enforcement of international law. Recognition of the State of Palestine and support for its admission to the UN makes clear that that Israel has no valid claim to any parts of the territory it occupied in 1967 and that its colonization of Palestinian land is illegal . Recognition of the Palestinian state also reaffirms the international community’s commitment to the two-state solution.

The State of Palestine is ready to join the community of nations as a full member to the United Nations.

The State of Palestine has met all prerequisites to statehood listed in the Montevideo Convention, which is the 1933 treaty that sets out the rights and duties of states. The permanent population of our land is the Palestinian people, whose right to self-determination has been repeatedly recognized by the UN and by the International Court of Justice in 2004. Our territory is recognized as the lands framed by the 1967 border, though it is occupied by Israel. We have the capacity to enter into relations with other states and have embassies and missions in more than 100 countries. And the World Bank, the International Monetary Fund, and the European Union have indicated that our institutions are developed to the level where we are now prepared for statehood.
The State of Palestine also intends to be a peace-loving nation, committed to human rights, democracy, the rule of law and the principles of the United Nations Charter.
In UNGAR 181—the resolution that provided the legal basis for Israel’s admission to the UN, the General Assembly instructed that “sympathetic consideration” be given to our application for membership in the UN. Thus, international recognition of the State of Palestine and its admission to the UN as a full-member is consistent with and supports a resolution to the Palestinian-Israeli conflict that was envisioned by the international community since 1947.