The Threat of Disengagement: Can Israel Separate from the Palestinians? (Issue No.22, Summer 2004)
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The new issue of al-Majdal reports on an innovative Palestinian initiative to create civic structures for Palestinians in exile, the remembrance of the Nakba and attempts to hide and rename a continuing occupation of Palestinian land. Millions are left out of the negotiating process. This study will build a data base on the size, location and structure of communities throughout the world and assess how these Palestinians can build structures for better communication with their political leadership and national representatives.
Al-Majdal also looks at Nakba through Palestinian eyes and the views of Israelis who see the need for recognition of the Nakba as a seminal event in the history of modern day Palestine. It also looks at the events surrounding this year’s commemoration of the Nakba showing the renewed interest among Palestinians world wide in remembering this event.
Diana Buttu is the feature inteviewee in this issue. Ms. Buttu, knowledgeable on the Palestinian negotiating stance and Palestinian issue in general, is a senior figure in the Palestinian Authority’s Negotions Support Unit. Despite many efforts to cloak the occupation of the Palestinian territories in various guises, the occupation continues. An article on the discontinuity of education under occupation and an editorial tracing some of the events and attempts to mask the occupation during the last 10 years through to so-called withdrawals and disengagements put the facts of the continuing occupation squarely on the table.
The issue also includes an update on Palestinian refugees in Iraq, outcome of the International Court of Justice advisory opinion on the separation wall, protection of Palestinians under the refugee and stateless conventions of 1951 and 1954 and needs for rebuilding Rafah.
Editorial :The Threat of Disengagement: Can Israel Separate from the Palestinians?
The Threat of Disengagement: Can Israel Separate from the Palestinians?
What will happen if Israel carries out its plan to ‘disengage’
from the Gaza Strip and parts of the West Bank? Will the
disengagement plan advance a politically-negotiated solution to the
conflict? Can Israel really separate from the Palestinians?
On 6 June 2004 the Israeli cabinet voted in favor of a modified
plan for ‘disengagement’ from the Gaza Strip. The plan calls for
the staged evacuation of 17 Jewish colonies in Gaza (4 in the West
Bank) and the redeployment of Israeli military forces outside
evacuated areas. The American administration hailed the plan as
“historic and courageous”. The remaining members of the Quartet
were more cautious in their response.
Shifting Discourse
What exactly does disengagement mean? Ariel Sharon’s plan speaks
neither about ‘redeployment’ (the term used to describe the
relocation of Israeli forces under the Oslo agreements) nor
‘withdrawal’ as in south Lebanon. No where does the modified
disengagement plan (the Israeli cabinet rejected the first draft)
speak about ending Israel’s 37-year-old illegal military
occupation. In short, the plan creates the illusion of political
momentum while shifting the political discourse to conceal the
reality that even if Israel eventually disengages from Gaza Strip
and parts of the West Bank, the occupation will continue.
Another right denied
De-motivation and discontinuity mark education under occupation Going to school is hard enough without being tear gassed, shot at
The Universal Declaration of Human Rights; the International
Covenant on Economic, Social and Cultural Rights; the International
Convention on the Elimination of All Forms of Racial
Discrimination; the Convention on the Elimination of All Forms of
Discrimination against Women; the Convention on the Rights of the
Child; and other international laws and conventions enshrine the
right to education. Attainment of this right, however, is being
impeded and sometimes denied for lengthy periods of time to young
Palestinian refugees.
Update: Palestinian Refugees in Iraq
As Palestinians commemorated the 56th anniversary of the Nakba,
scores of Palestinian refugees who fled Iraq during the 2003 US-led
invasion left UNHCR’s Reweished refugee camp in eastern Jordan and
went back to Baghdad. While UNHCR feels that the conditions in the
country are not suitable for return, the Palestinians, including a
family of nine, felt that they would be better off in Baghdad than
in the refugee camp on the Iraqi border.
Possible Outcomes of the ICJ Opinion and Some Conclusions
Jurisdictional arguments: The ICJ is Unlikely to Decline to Render an Advisory Opinion
It is highly unlikely that the Court will decline jurisdiction to render the advisory opinion; in fact, it has never refused to render an advisory opinion requested by a UN body. Most recently, the Court has indicated that it has broad competence to issue advisory opinions.(1) The only precedent for declining an advisory request is the Status of Eastern Carelia case, in which the Permanent Court of International Justice (PCIJ)—the ICJ’s predecessor—found that the consent of the two states directly involved in the dispute was required before it could render the opinion.(2)
2004 Nakba Commemorations
The 56th anniversary of the Nakba was marked by a substantial increase in quality and quantity of activities, despite hard conditions and insecurity on both sides of the ‘Green Line’. Palestinian communities on both sides of the line are facing systematic Israeli state discrimination and military oppression. As a result of active community organizing, the memorial became the most visible event of this kind ever taking place in the 1967 occupied Palestinian territories.
The siege imposed on Yasir Arafat, Chairman of the PLO and the elected President of the Palestinian Authority (PA) does not aim merely to isolate Arafat; it is a war against the legitimate leadership of the Palestinian people and the Palestinian national movement. It aims to weaken the spirit and morale of the Palestinian people until they kneel and accept a solution imposed by Israel and the United States. Under this imposed solution Palestinians are supposed to act as a bridge for normalization between Zionist Israel and the Arab world.
Zochrot Organizes First March of Return in Tel Aviv-Jaffa
Around 100 participants marched through the streets of Tel
Aviv-Jaffa covering a route that formerly connected two Palestinian
villages that existed within the city boundaries until 1948. This
was the second year the Israeli organization Zochrot organized a
right of return march on the anniversary of the Nakba.
The Moral Scandal of the Time
The political and social nature of Zionism embraces a particular vision towards the Arab person in general, and the Palestinian person in particular, concerning his/her nature, culture and the existing relationship between this person and his/her homeland. This vision, however, contradicts the entire facts regarding the Arab person’s existence; in fact, Zionism and Arab existence stand in total contradiction to each other. This vision provides the fundamental basis for Zionist policy including land expropriation and displacement of people by brutal means, and is derived from mythology and past historical events.
The fundamental nature of Zionist ideology and culture manifests itself in three main ways: racism, aggression and expansionism. By this I mean, racism that considers the other as the enemy, and aggression as a natural consequence of racism which manifests itself through Israel’s continuous aggression against the Palestinian people. Finally, by expansionism I mean occupation, displacement and expatriation of the Palestinian people, destruction of villages, new plans for collective displacement (i.e., transfer pol icies), in addition to Israel’s aspirations for additional territory, and the creation of other new tragic realities on ground.
The Nakba and the Dynamics of the Refugees’ Problem
Many have written about the Palestinian Nakba as a concept and
as a major historical event with severe negative impacts on the
economic, social and demographic aspects of the Palestinian
situation. The Nakba is not necessarily linked to a specific date,
even though is normally associated with 1948. In fact, the Nakba is
a complicated historical process: it required prior planning and,
at the same time, its consequences remain to this day.
The elements of the Palestinian Nakba first came to light during
the late nineteenth century, i.e., since the First Zionist
Congress, the Balfour Declaration and subsequent Jewish immigration
to Palestine. This was accompanied by Jewish propaganda, including
the slogan of Palestine as a land without people. The British
Mandate facilitated the creation of a Jewish state and the transfer
of Palestinian land through new laws that transformed the
landholding system from collective to individual ownership.
The Nakba and the Solution, Accomplishments and Failures of the Popular Movement for Defense of the Right of Return
The last few years witnessed enormous popular efforts to defend
the right of Palestinian refugees to return to their homes. These
efforts included raising awareness about the refugee problem and
its importance as a basis for solving the Palestinian problem.
These efforts took root in the West Bank, the Gaza Strip and inside
the ‘Green Line’; among Palestinians in exile whether it be in Arab
countries or the US and in European countries, in addition to
various international fora.
The Nakba and the Peacemaking Process
There is a natural inclination among political scientists, as well as politicians, involved in peacemaking, to look at the past and memory as an obstacle for peace. Liberating oneself from the past is recommended by such people as prerequisite for peace. This view is entrenched in a wider context of reconciliation and mediation policies that emerged in the United States after WWII. This school of thought was based on a business like approach that treats the past as an irrelevant feature in the making of peace.
This means the peace makers consider only a contemporary situation – with its balance of power and realities on the ground – as a starting point for a reconciliation process. It also means that even when a blatant failure is registered in such a peace effort, the renewed effort restarts from a similar point of view; namely, one that neglects to take into account the lessons of previous failures. Noam Chomsky who noticed such a tendency in the Middle East peace process concluded that the result was a never-ending ‘peace process’ which was not meant to bring peace, but rather provided jobs and preoccupations for a large group of people belonging to the peace industry.
The Nakba – Something that Did Not Occur (although it had to occur)
In March 2004 a commemoration was held near the ‘Cinema City’
(Herzliya) for the Palestinian village of Ijlil which existed at
the site until 1948. Its inhabitants fled upon hearing of massacres
committed against Palestinians by Zionist forces in the area. A
detailed report about the village, its uprooting and the fate of
its refugees, was published in the local paper ‘Sharon Times’ on
the occasion of the memorial.
Interview with Diana Buttu, PLO Negotiations Support Unit
BADIL: As confusion appears to prevail on this matter, could you please summarize briefly the official Palestinian negotiating position on the refugee question?
Diana Buttu: During the last round of
negotiations at Taba in 2001, as in previous rounds, the PLO’s
position was that Palestinian refugees have the right to return to
their homes. This position is based on international law and
practice. The leadership also held that Israel should apologize and
accept responsibility for the plight of the refugees over the past
56 years due to its refusal to allow the refugees to return.
Taba represented a slight shift in approach to the refugee
question, because for the first time there was also discussion
about the question of implementation. The PLO’s position was that
refugees must be presented with real choices. It is up to the
refugees themselves to choose a solution. This is not a question
for Israel, the Palestinian Authority or the international
community. At Taba the PLO discussed four choices. Refugees would
be able to choose to go to the Palestinian state, stay where they
are in current host states, resettle in third countries like
Canada, or return to their homes in Israel.
Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention and the 1954 Stateless Convention
The 1951 Convention relating to the Status of Refugees (1951 Convention) provides Palestinian refugees seeking protection in third countries with the right to” ipso facto” refugee recognition under certain circumstances (Article 1D). The 1954 Convention relating to the Status of Stateless Persons (1954 Stateless Convention) also provides Palestinian refugees with a right to protection, based on their status as stateless persons. BADIL is currently conducting research on national practice with a view to analysing whether Palestinian refugees are granted those rights. This article presents the initial findings of the ongoing research.
Palestinian NGO Consultation for Promotion of a Rights-based Approach to Conflict Resolution
In April 2004, a number of Palestinian NGOs began a series of consultation workshops to increase efficiency of advocacy efforts for a rights-based solution of the Israeli-Palestinian conflict by means of a unified and clear message. Key topics were identified for debate in a series of nine workshops: Refugees and the Right of Return; Two-state vs. One-state Solution;
Palestinian-Israeli Relations; Israel Sanctions and Boycott;
Zionism, the Jewish State and the Concept of Apartheid; Occupation,
Settlements and the Wall; Resistance, Violence, Terrorism;
Jerusalem; and the Future Character of Palestinian Society.
Participating NGOs alternate in taking on responsibility for
preparing topics, inviting speakers, hosting and reporting.
Creating Civic Structures for Palestinian Refugees in Exile
An EU-funded study at the University of Oxford will assess how Palestinian refugee communities living in exile in the Middle East, Europe, and further afield can build civic structures to enable better communication with their political leadership and national representatives.
The project, entitled Civitas, will run over the next 18 months,
and will establish the precise types of mechanisms needed by
Palestinian refugees outside the West Bank and Gaza in order that
they might participate effectively, and contribute democractically,
to the shaping of their future.
Campaign UpdatePalestinian NGO Consultation for Promotion of a Rights based Approach to Conflict Resolution
In April 2004, a number of Palestinian NGOs began a series of consultation workshops to increase efficiency of advocacy efforts for a rights-based solution of the Israeli-Palestinian conflict by means of a unified and clear message. Key topics were identified for debate in a series of nine workshops: Refugees and the Right of Return; Two-state vs. One-state Solution;
Palestinian-Israeli Relations; Israel Sanctions and Boycott; Zionism, the Jewish State and the Concept of Apartheid; Occupation, Settlements and the Wall; Resistance, Violence, Terrorism; Jerusalem; and the Future Character of Palestinian Society. Participating NGOs alternate in taking on responsibility for preparing topics, inviting speakers, hosting and reporting.
New appeal for Rafah rebuilding, emergency aid
UNRWA has launched an appeal for $45 million for emergency aid, building repairs and housing construction in Rafah, Gaza. This special appeal includes some $40 million for needs that remain unfunded from previous Agency appeals. This is in addition to the Agency’s regular program of health, education, food distribution and social services for tens of thousands of Palestinian refugees in the Rafah area.
UNRWUNRWA meeting—Geneva
“You will not be abandoned”
Summing up a meeting of 91 nations and organizations on
Palestinian refugees and UNRWA, Walter Fust, Director-General of
the Swiss Agency for Development and Cooperation stated that there
is a strong desire to continue supporting UNRWA “until a just and
lasting solution is found to the question of Palestine refugees
based on UN resolutions”.
To the Palestinian refugees, said Ambassador Fust, “you will not be
abandoned”.
Refugee Voices
Palestinian Refugees Reject Bush Declaration
Leaving the Camp Will Only be to Return
Home
“What Bush declared to satisfy Israel will only make us cling more
to our right of return, and if that does not happen today, our
children and grandchildren will accomplish it, regardless of the
sacrifices they may have to offer,” stated seventy-year-old Khalid
Mansour from Jenin refugee camp. The statements of Khalid Mansour
(Abu Rashid) regarding Bush’s statements are representative of the
opinions of all refugees not only in Jenin camp but in all the
refugee communities.
Selected Statements From the Palestinian Press
“Israel received promises from the Americans, but it will not get peace from the Palestinians by confiscating their lands and water, and denying the right of Palestinian refugees to return to their homes and resettle their lands.
Ahmed Qurai’ (Abu Ala’), Palestinian Prime Minister, al-Quds, 16
April 2004
In Memoriam
List of Palestinian victims of Israeli violence between
January 2004 and 15 May 2004. In total, 202 Palestinians were
killed by Israeli forces during this period. (Jerusalem Media and
Communication Center) Between 29 September 2000 and 30 June 2004,
3,069 Palestinians, including 23 inside Israel, have been killed by
Israeli security forces. (PRCS)
Between 29 September 2000 and 7 June 2004, 714 Israeli civilians
and 281 members of the Israeli security forces were killed.
(B’tselem)
Resources on Refugees
Forthcoming BADIL Publications
Survey of Palestinian Refugees and Internally Displaced
Palestinians 2003
The Survey provides basic historic
and current information on Palestinian refugees and internally
displaced persons. The Survey includes 6 chapters covering the
historical circumstances of Palestinian displacement, population,
legal status, socio-economic profile, international protection and
assistance, and durable solutions. Available in English and Arabic.
200 pages. ISSN 1728-1679.
For advance orders contact, [email protected]
Documents
1. “Conclusions and Recommendations,” Development
Assistance and the Occupied Palestinian Territories, Second Report
of Session 2003-2004, Vol. 1, 15 January 2004, House of Commons
International Development Committee (excerpts).
47. We do not agree with the European Commission’s approach. We
believe in principle that where a sufficiently egregious case of
human rights abuse has been established as to warrant economic
sanctions, the EU should not be deterred from imposing them simply
because the trade balance with the country concerned is in its
favour. We urge the UK government to take up this point with the
European Commission and with its EU partners.