Badil and other Palestinian civil society organizations have continued to follow up on the international community's implementation of the Goldstone Report recommendations.
Click here to read the joint letter by Palestinian Human Rights organizations to the president of UNHRC Regarding Richard Falk Report
Click here to read the joint written statement to the thirteenth session of the UN Human Rights Council
Click here to read the letter to the UNGA President (10 February 2010)
Below:
- Joint letter by Palestinian Human Rights organizations to the president of UNHRC Regarding Richard Falk Report (5 March 2010)
- How states voted with regards to accountability at the UN General Assembly (5 November 2009)
- The Goldstone Report at the UN General Assembly: States Must Ensure Victim’s Rights and Not Compromise the Rule of Law (Joint Press Release, 4 November 2009)
- The Goldstone Report at the UN General Assembly (Joint Press Release, 3 November 2009)
- Goldstone Report – Time for Action Joint Letter to H.E. Ambassador Riyad Mansour (21 October 2009)
- Calling for a Special Session: An Opportunity to Ensure that Justice is NOT Delayed Joint press release (12 October 2009)
- Justice Delayed is Justice Denied: Decision of Palestinian Leadership and International Pressure an Insult to the Victims Statement of Palestinian Civil Society Responding to Deferral on Goldstone Recommendations Endorsement (3 October 2009)
- Palestinian Officials in Geneva: Sacrificing the Rights of Palestinians at the Altar of False Promises Badil Statement (3 October 2009)
The Honorable Alex Van Meeuwen
President, Human Rights Council
United Nations
Geneva
The Member States of the Human Rights Council
United Nations
Geneva
5 March 2010
Dear Excellencies,
We, the undersigned Palestinian human rights organisations have been working for many years in defence of Palestinian human rights. Most of our organisations have consultative status and conduct our work as human rights defenders within the UN human rights system, particularly the Human Rights Council and its Special Procedures.
We are deeply concerned over the removal of the Report by Professor Richard Falk, the Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967 (Special Rapporteur Falk) from the agenda of the Human Rights Council’s 13th Session.
The reports provided by the Special Rapporteur provide the Council with an independent legal analysis and overview of the application of human rights to the Occupied Palestinian Territory (OPT) by an expert in international law. The information and analysis provided is crucial in assisting the Council in carrying out its mandate to promote universal respect and to address violations of human rights. The role of Special Rapporteur Falk, as with previous Rapporteurs, is crucial in bringing to international attention the human rights situation in the OPT.
Furthermore, we are concerned about the urgent need to defend the independence of the Special procedures, including the Special Rapporteurs, of the Human Rights Council, without which the integrity of the Human Rights Council, as well as the United Nations as a whole, is considerably compromised. Professor Falk has been prevented from carrying out his duties in a fully comprehensive means due to Israel’s continued refusal to allow him entry to the entirety of the OPT. Despite this unacceptable obstruction to the work of the UN, we have full faith in his ability and commitment to the protection and promotion of all human rights, and we consider it imperative the Special Rapporteur’s Reports are given the serious attention they deserve at the Council.
Therefore, we urge you to act immediately to ensure Special Rapporteur Falk’s Report is kept on the 22 March 2010 agenda, and to reassert your Governments’ support for the independence of the Special Rapporteurs and Special Procedures.
Our organisations are prepared to offer any assistance that you may find necessary.
Sincerely,
Hassan Jabareen, Director
Adalah, The Legal Centre for Arab Minority Rights in Israel
Sahar Francis, General Director
Addameer Prisoner Support and Human Rights Association
Khalil Abu Shammala, Director
Al-Dameer Association for Human Rights-Gaza
Al-Quds Human Rights Clinic
Shawan Jabarin, General Director
Al Haq
Ingrid Jaradat Gassner, Director
Badil Resource Center for Palestinian Residency & Refugee Rights
Rifat Kassis, Director
Defence for Children International - Palestine Section (DCI-Palestine)
Shawqi Issa, Director
Ensan Center
Issam Aruri, Director
Jerusalem Legal Aid & Human Rights Center(JLAC)
The Independent Commission for Human Rights - ICHR (the Palestinian National Institution for Human Rights)
Kassem Aina, General Director
National Institution of Social Care & Vocational Training
Ghassan Abdallah, General Director
Palestinian Human Rights Organization - PHRO
After two-days of debate and deliberation, the UN General Assembly endorsed the UN Fact Finding Mission to Gaza's Report (Goldstone Report).
Of the states represented in the General Assembly, 114 states voted in favor of holding Israel accountable to international law, 18 states voted against holding Israel accountable to international law, and 44 states abstained.
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In favor of accountability
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Against accountability
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Unable to make up their minds on accountability
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Absent when it comes to accountability
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The Goldstone Report at the UN General Assembly: States Must Ensure Victim’s Rights and Not Compromise the Rule of Law
Joint Press Release issued by
Adalah – Legal Center for Arab Minority Rights in Israel * Addameer * Al Dameer Association for Human Rights * Al-Haq – Law in the Service of Man * Al Mezan Centre for Human Rights * Arab Association for Human Rights * Badil Resource Center for Palestinian Residency and Refugee Rights * Defence for Children International-Palestine Section * Ensan Center for Human Rights and Democracy * Jerusalem Legal Aid Center * Palestinian Centre for Human Rights * Ramallah Center for Human Rights Studies * Women’s Center for Legal Aid and Counseling
Today, 4 November 2009, the General Assembly will meet to discuss the Report of the UN Fact Finding Mission on the Gaza Conflict (the Goldstone Report). A draft Resolution has been presented to the General Assembly for debate, and it is evident that those who claim to speak on behalf of human rights and international law are failing in their mandate. The draft Resolution is a politically motivated compromise, intended to obtain support for a Resolution without substance, one which fails to protect victims’ rights or to pursue accountability. While the draft addresses certain demands, it does not explicitly include operational steps for the implementation of the Recommendations of the Goldstone Report, and absolutely fails to bring remedy and redress to victims.
There can be no compromise on the fundamental principles of human rights and international law. If international law is to prove capable of protecting civilian populations and of averting future atrocities, then it must be enforced. Each individual’s basic human right to equal protection of the law and to an effective judicial remedy must be ensured. Those accused of committing international crimes must be investigated, tried, and prosecuted.
In supporting this draft the PLO are following the traditional policy of attempting to secure a Resolution by consensus. Too often have the rights of Palestinians been negotiated away in order to provide the appearance of political progress, and too often has progress manifested itself as mere maintenance of the status quo, which for decades has denied Palestinians their fundamental rights.
Impunity must not be allowed to prevail. International law, and the respect for the fundamental human rights of peoples throughout the world, must not be subject to the whim of powerful States. As Palestinians and representatives of the victims we demand justice, and the possibility of a peaceful future.
The General Assembly must request that the Security Council not only consider the Goldstone Report, but also implement its recommendations. Domestic investigations are essential; however, if these are not conducted credibly and in accordance with international standards – as past experience would suggest is the likelihood – then the consequences must be clear. Should attempts be made to shield alleged war criminals from justice, then the Security Council must take appropriate action, and the situation must be referred to the International Criminal Court.
It is also essential that, as recommended in the Goldstone Report, the General Assembly act now to ensure reparations for the victims of Operation Cast Lead. It is unacceptable that the illegal blockade of the Gaza Strip continues to this day and that reconstruction and recovery have been denied. The General Assembly must establish an escrow fund to handle reparations owed to the victims by Israel, and act to end this illegal blockade. The continued suffering of innocent civilians cannot be condoned by the United Nations.
At the Human Rights Council in September, the political vacillation of the PLO, the anti-accountability agenda of some of the most powerful UN member states, and a callous disregard for the victims of Operation Cast Lead saw the first attempt to bury the Goldstone Report. As the representatives of the Palestinians at the UN the PLO must ensure a second attempt is not successful, and must re-focus its efforts towards ensuring that a Resolution fully endorsing the Goldstone Report and its detailed recommendations be adopted by a majority of the General Assembly; a ‘consensus’ Resolution will effectively nullify the decision of the Human Rights Council’s Special Session, repudiate the rule of international law, and implicitly endorse further impunity for those who target civilians.
Palestinians do not want to be part of a consensus that buries the Goldstone Report, and denies victims’ legitimate rights. Palestinians should neither be forced to negotiate on the Recommendations of the Goldstone Report, nor to compromise their fundamental rights under international law. It is essential – at the risk of condoning impunity and the commission of future international crimes – that the General Assembly:
- fully endorse the Report of the Fact Finding Mission on the Gaza Conflict;
- urge the Security Council to endorse the Report, and to expeditiously pursue all accountability mechanisms presented therein; particularly a referral to the International Criminal Court in the absence of good faith investigations by the parties to the conflict;
- demand that credible internal domestic investigations and prosecutions be carried out by the parties to the conflict in accordance with international standards of impartiality, independence, promptness and effectiveness;
- establish of an independent committee of experts in international humanitarian and human rights law to monitor any domestic legal or other proceeding taken by the parties of the conflict and publicly report to the UNGA and Security Council;
- remain fully appraised of the matter until appropriate action is taken at the domestic or international level in order to ensure justice for victims and accountability for perpetrators;
- establish an escrow fund for the purpose of compensating the victims of violations of international law committed during Operation Cast Lead;
- request Switzerland to convene a conference of the High Contracting Parties to the Geneva Conventions to ensure its respect;
- promote an urgent discussion on the use of munitions such as white phosphorous (as mentioned in the Report), and a moratorium on their use by Israel.
The Goldstone Report at the UN General Assembly: States Must Uphold International Law to Ensure Accountability for the Victims of War Crimes in Gaza
Joint press release issued by:
Adalah – Legal Center for Arab Minority Rights in Israel * Addameer * Al Dameer Association for Human Rights * Al-Haq – Law in the Service of Man * Al Mezan Centre for Human Rights * Badil Resource Center for Palestinian Residency and Refugee Rights * Defence for Children International-Palestine Section * Ensan Center for Human Rights and Democracy * Jerusalem Legal Aid Center * Palestinian Centre for Human Rights * Ramallah Center for Human Rights Studies * Women’s Center for Legal Aid and Counselling
On 4 November 2009, the Report of the United Nations Fact Finding Mission on the Gaza Conflict (Goldstone Report) is scheduled to be tabled before the Plenary of the UN General Assembly in New York. Following the Report’s endorsement at the Human Rights Council on 21 October 2009, it now falls to the General Assembly to ensure that the Report is endorsed and its recommendations acted upon. The General Assembly must promote and support the primacy of international law in the necessity of ensuring justice and accountability for the war crimes and possible crimes against humanity that characterized Israel’s assault on Gaza in December 2008-Janurary 2009.
The Palestinian human rights community fully endorse the Report and urge the General Assembly to adopt each of its recommendations. We are calling for the GA to:
- fully endorse the Report of the Fact Finding Mission on the Gaza Conflict;
- urge the Security Council to endorse the Report, and to expeditiously pursue all accountability mechanisms presented therein; and report to the GA on the progress in this matter;
- demand that credible internal domestic investigations and prosecutions be carried out by the parties to the conflict in accordance with international standards of impartiality, independence, promptness and effectiveness;
- remain fully appraised of the matter until appropriate action is taken at the domestic or international level in order to ensure justice for victims and accountability for perpetrators;
- establish an escrow fund for the purpose of compensating the victims of violations of international law committed during Operation Cast Lead;
- request Switzerland to convene a conference of the High Contracting Parties to the Geneva Conventions to ensure its respect;
- promote an urgent discussion on the use of munitions such as white phosphorous (as mentioned in the Report), and a moratorium on their use by Israel.
It is no less crucial that over the coming weeks and months, given the statements from several of the Permanent Member States of the Security Council that they will oppose consideration of the Report in that forum. Should the Security Council fail to ensure accountability as demanded in the Report, and by the victims, the GA should prepare for further action. The focus of the General Assembly and of the Security Council must at all times be on ensuring accountability for the crimes documented in the Goldstone Report.
The Palestinian Authority and Palestinian Liberation Organisation, as the representatives of the Palestinian people, must also strive to ensure full implementation of the Report. Palestinian advocacy and activism at the General Assembly is crucial in ensuring that lessons are learned from recent experiences which saw international legal obligations sidelined in favour of political expediency.
The international community of States, along with civil society, and the general public must stand firm and united in upholding the conviction that both State and non-state actors must respect international human rights and humanitarian law; that there is no peace and security without justice; and that accountability for violations of international law is fundamental.
The Goldstone Report – Time for Action
Joint Letter to H.E. Ambassador Riyad Mansour, Permanent Observer of Palestine to the United Nations
Occupied Palestinian Territory/ New York, 21 October 2009
Your Excellency,
We, the undersigned representatives of Palestinian civil society organisations and international supporters of Palestinian human rights, are deeply concerned that the recommendations contained in the Goldstone Report may not be fully and effectively implemented in a timely manner before the UN General Assembly. We are therefore writing to inquire how civil society might best support your efforts in the coming days to ensure adequate attention is paid to the Report and its recommendations by the UN bodies in New York or by those to whom the New York bodies may refer the report.
We understand that the consideration of the agenda item of Palestine will be considered by the Third Committee of the UN General Assembly during meetings on Thursday 29 October. We understand that the outcome of these meetings is crucial to the fate of the Goldstone Report and its follow up.
We hope to be able to support your efforts to ensure an urgent handling of this matter given that time is now of the essence. We wish to support your efforts to ensure that the Third Committee issues a draft resolution that explicitly requests an urgent debate on the Goldstone report in the Plenary of the UN General Assembly or that recommends that the President of the General Assembly reconvene the Special Session on Palestine that was adjourned in January 2009 and that the Goldstone Report be expressly added to the agenda.
Parties working against Palestinian human rights will certainly try to keep discussion on the Goldstone Report within the Third Committee and prevent any further related action. Therefore, we believe the work of Your Excellency, Permanent Observer of Palestine to the United Nations, is of crucial importance, now more than ever.
As authoritatively stated by Justice Richard Goldstone on 29 September: “This is the time for action. The lack of accountability for war crimes and possible crimes against humanity has reached a crisis point; the ongoing lack of justice is undermining any hope for a successful peace process and reinforcing an environment that fosters violence.”
Yours sincerely,
Rifat Kassis
Director
Defence for Children International-Palestine Section
Issam Younis
Director
Al Mezan Centre for Human Rights
Maha Abu Dayieh
Director
Women’s Center for Legal Aid and Counselling
Iyad Barghouti
Director
Ramallah Center for Human Rights Studies
Shawqi Issa
Director
Ensan Center for Human Rights and Democracy
Curtis Doebbler
UN Representative
NordSudXXI
Sahar Francis
Director
Addameer
Issam Arouri
Director
Jerusalem Legal Aid Center
Khalil Abu Shammala
Director
Al Dameer Association for Human Rights
Shawan Jabarin
Director
Al-Haq
Ingrid Jaradat Gassner
Director
Badil Resource Center for Palestinian Residency and Refugee Rights
cc.
H.E. Riad Malki
Minister of Foreign Affairs
Palestinian Caretaker Government
Calling for a Special Session: An Opportunity to Ensure that Justice is NOT Delayed, an Opportunity to Rectify the Wrongs, and an Opportunity for the Member States to Act for Victims at the UN Human Rights Council
Joint Press Release (12 October 2009) issued by:
Adalah * Adameer * Al-Dameer Association for Human Rights – Gaza * Al-Haq * Arab Association for Human Rights * Al-Mezan * Badil * Defence for Children International – Palestine * ENSAN center * Ramallah Center for Human Rights Studies * Women Centre for Legal Aid and Counselling * Jerusalem Legal Aid and Human Rights Centre
On 1 October 2009, the UN Human Rights Council decided to defer consideration of the report issued by the UN Fact Finding Mission investigating last winter’s Israeli aggression into Gaza until March 2010. This decision represented a failure of the international framework for the protection of human rights, and a blow to the victims of violations of international human rights and humanitarian law. The Palestinian Authority failed to stand up for its own people, and the Human Rights Council failed to fulfill its own responsibilities and mandate.
It is now incumbent upon the forty-seven Member States of the Human Rights Council to pay heed to their obligations and the public demand for accountability and take all the necessary measures to rectify their grave failure and provide justice to the victims of the attack against Gaza, referred to as “Operation Cast Lead”. The victims of the 23 day military aggression, which killed at least 1,400 Palestinians and injured more than 4,000, continue to suffer from the destruction levied during the offensive, as well as from Israel’s ongoing blockade of the Gaza Strip, which is now in its third year.
Justice delayed is justice denied. Therefore, we call upon the Human Rights Council to convene a special session without delay in order to endorse the Fact Finding Mission’s report and its conclusions and recommendations in their entirety. Convening a special session provides the international community with an opportunity to ensure that the report is not sidelined over the coming months and its recommendations are endorsed in their entirety and implemented fully. Only then will the Human Rights Council discharge their essential mandate and the international community will be able to uphold their obligations to ensure respect and protection of human rights.
The report submitted by the Fact Finding Mission is thorough and impartial. The Mission’s impartiality is evidenced by their examination of alleged violations of international humanitarian and human rights law committed by all parties. It is essential that the Human Rights Council acts immediately to fulfill its mandate and to promote the centrality of the rule of international law in the search for justice and accountability in the wake of the Israeli offensive called Operation Cast Lead.
We therefore call upon:
· The Palestinian Authority and the PLO to publicly, effectively and immediately ensure the convening of a special session of the Human Rights Council,
· The Member States of the Human Rights Council to request the convening of a special session;
· The Member States of the Human Rights Council to adopt a resolution endorsing the report by the Fact Finding Mission in its entirety; and,
· The Observers of the Human Rights Council to support the Member States in their convening of a special session and adoption of a resolution endorsing the entirety of the report by the Fact Finding Mission.
Justice Delayed is Justice Denied
Decision of Palestinian Leadership and International Pressure an Insult to the Victims
Statement of Palestinian Civil Society Responding to Deferral on Goldstone Recommendations Endorsement, issued by:
Adalah * Addameer * Aldameer * Al Haq * Al Mezan * Arab Association for Human Rights * Badil * Civic Coalition for Jerusalem * DCI-Palestine * ENSAN Centre * ITTJIAH * Independent Commission for Human Rights * Jerusalem Legal Aid and Human Rights Centre * Palestinian Centre for Human Rights * Ramallah Centre for Human Rights Studies * Women’s Centre for Legal Aid and Counselling *
Yesterday, 2 October 2009, the Palestinian leadership – under heavy international pressure lead by the United States – deferred the draft proposal at the Human Rights Council endorsing all the recommendations of the UN Fact Finding Mission (the Goldstone Report). This deferral denies the Palestinian peoples’ right to an effective judicial remedy and the equal protection of the law. It represents the triumph of politics over human rights. It is an insult to all victims and a rejection of their rights.
The crimes documented in the report of the UN Fact Finding Mission represent the most serious violations of international law; Justice Goldstone concluded that there was evidence to indicate that crimes against humanity may have been committed in the Gaza Strip. Violations of international law continue to this day, inter alia, through the continuing Israeli-imposed illegal blockade of the Gaza Strip. The findings of the Mission confirmed earlier investigations conducted by independent Palestinian, Israeli and international organisations.
The injustice that has now been brought upon Palestinians has been brought upon everyone on this globe. International human rights and humanitarian law are not subject to discrimination, they are not dependent on nationality, religion, or political affiliation. International human rights and humanitarian law apply universally to all human beings.
The rule of law is intended to protect individuals, to guarantee their fundamental rights. Yet, if the rule of law is to be respected it must be enforced. World history, and the Israeli occupation of Palestinian land has shown us that as long as impunity persists, the law will continue to be violated; innocent civilians will continue to suffer the horrific consequences.
Justice delayed is justice denied. All victims have a legitimate right to an effective judicial remedy, and the equal protection of the law. These rights are universal: they are not subject to political considerations. In the nine months since Operation Cast Lead, no effective judicial investigations have been conducted into the conflict. Impunity prevails. In such situations, international law demands recourse to international judicial mechanisms. Victims’ rights must be upheld. Those responsible must be held to account.
The belief that accountability and the rule of law can be brushed aside in the pursuit of peace is misguided. History has taught us time and time again, that sustainable peace can only be built on human rights, on justice, and the rule of law. For many years in Palestine international law, and the rule of law, has been sacrificed in the name of politics, and cast aside in favour of the peace process. This approach has been tried, and it has failed: the occupation has been solidified, illegal settlements have continued to expand, the right to self determination has been denied; innocent civilians suffer the horrific consequences. It is now time to pursue justice, and a peace built on a foundation of human rights, dignity, and the rule of law. In Justice Goldstone’s words, there is no peace without justice.
The justifications given by the Palestinian leadership regarding the decision to defer are inappropriate. Consensus is not required, the United Nations system works on a majority basis. Since the beginning of the UN, and over the course of the Israeli occupation begun in 1967, consensus has rarely been acquired. The UN was established to represent the will of the nations of the world; it is inevitable that there will be dissent and disagreement. Decisions must rest on the will of the majority.
As human rights organisations we strongly condemn the Palestinian leaderships’ decision to defer the proposal endorsing all the recommendations of the Fact Finding Mission, and the pressure exerted by certain members of the international community. Such pressure is in conflict with States international obligations, and is an insult to the Palestinian people.
As human rights and civil society organizations concerned with rights and justice, we declare that we will double our efforts to seek justice for the victims of the violations of human rights and international law in oPt without delay.
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Palestinian Officials in Geneva: Sacrificing the Rights of Palestinians at the Altar of False Promises
Bethlehem, Badil Resource Center, 3 October 2009 – The recommendations of the UN fact finding mission to the Gaza Strip headed by Judge Richard Goldstone represented a golden opportunity for the Human Rights Council, the Security Council, the General Assembly, and all member states – particularly the United States and the European Union – to exercise their moral and legal obligations to hold Israel accountable for its crimes committed during its 2008-2009 war against Gaza. Yet the official Palestinian position calling for the postponement of the vote to endorse the report's recommendations now hamstrings these opportunities. In so doing, it has undermined the principle of international legitimacy as a basis to resolve the Palestinian issue and prevents the Palestinian victims of this assault from achieving redress.
Badil Resource Center, working alongside Palestinian human rights organizations (particularly those with UN ECOSOC consultative status), and other international organizations and bodies, campaigned to ensure support for the report's recommendations from over two-thirds of the States represented on the Human Rights Council. Adoption by the Council of the report's recommendations would have raised them on to the Secretary General, the General Assembly, the Security Council and possibly on to the International Criminal Court. However the official Palestinian position, voiced by PLO Ambassador Ibrahim Khreisheh, now prevents this from taking place. This surprise position came without warning, and is a retreat from a battle that had already been won.
In its defense, elements of the Palestinian leadership attempted to deflect responsibility by claiming that the PLO is no more than an entity with observer status at the UN, and hence without the authority to propose or withdraw draft resolutions. But this does not explain what happened, nor does it constitute a justification for the Palestinian representative to act against a report which is undoubtedly to their benefit.
Statements made by a number of Palestinian officials both accompanying and following Ambassador Khreisheh decision indicate a serious lack of coordination, and a failure to inform members of the PLO Executive Committee of the decision and its reasons. Badil views the position taken by Palestinian officials in Geneva as self-contradictory, and contrary to the struggle for the implementation of the rights of the Palestinian people. It marginalizes the application of international law and squanders the rights of Palestinian victims at the altar of false political promises.
Badil believes that the official Palestinian position cannot be justified by claiming a lack of preparation within the Council, or the need to give another chance to “peace efforts.” Rather, we see in this official Palestinian stance, the continuity of similar previous retreats. For example, on the eve of the Durban Review Conference held in Geneva in April 2009, the PA Minister of Foreign Affairs acquiesced to dropping specific reference to the question of Palestine at the conference. Ambassador Khreisheh's predecessor at the UN also opposed a proposal made by the President of the UN General Assembly to pass a resolution condemning Israel's assault on the Gaza Strip, and calling for the formation of a tribunal to investigate Israel's violations of international law in January 2009.
In light of these considerations, Badil calls upon:
- the Executive Committee of the PLO to issue a formal statement explaining the reasons for this position which contradicts the interests of the Palestinian people in general, the victims of Israel's assault on the Gaza Strip in particular, and the supreme national interest of holding Israel accountable for its crimes;
- the Palestinian leadership to take all legal, judicial and political measures to hold those responsible for this action accountable;
- the establishment of a national body to coordinate between Palestinian human rights organizations and representatives of the PLO, to strengthen the role of these institutions, and the struggle to defend the rights of the Palestinian people before international bodies.
