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ECCP Presses EU to
Enforce International Law
In a letter to the EU the
European Coordinating Committee of NGOs on the Question of Palestine
expressed grave concern that the EU had decided not to release a
report critical of Israeli measures in Jerusalem. The ECCP further
called upon the EU to suspend its Trade Association Agreement with
Israel until Israel complies with international law.
ECCP
Letter to the EU
EU Report on Jerusalem
EU Response to ECCP
ECCP
European Coordinating Committee of NGOs on the Question of Palestine
Brussels, December 8,
2005
To the EU High
Representative for the Common Foreign and Security Policy, Mr Javier
Solana
To the EU British
Presidency and the British Minister of Foreign Affairs, Mr Jack Straw
To the EU Member States’
Ministers of Foreign Affairs
To the EU
Commissioners, Mr Louis Michel and Mrs Benita Ferrero-Waldner
To the President of
the European Parliament, Josep Borrell Fontelles
Your Excellencies,
On behalf of the whole
ECCP network, I would like to share with you our deep concerns related
to the EU report which judged that Israel is deliberately pursuing
policies in East Jerusalem aimed at “the completion of the annexation”
of the city – an issue that the Council has postponed on 12 December.
As it is stated in that
report, Israel’s activities in East Jerusalem are in violation of both
its Road Map obligations and International Law. Such a breaking of law
directly concerns all the EU Member States. Indeed, the 9 July 2004
ICJ advisory opinion
clearly reminds the International Community that it is obliged to
enforce International Law and to ensure compliance by Israel with the
rules embodied in the Fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 1949.
The recommendations of
the report are in line with the demands of our current European
Campaign For Sanctions Against The Israeli Occupation. In the
framework of that campaign, we are stressing your legal, moral and
political responsibility – as EU representatives – to ensure
compliance by Israel with International Law and the whole set of
principles – liberty, democracy, respect for human rights and the rule
of law – which form the cornerstone of the European Union, are the
foundation of justice and peace in the world, and for the respect of
which – as a European coordination of Civil Society
organisations
– we will keep on fighting.
On the European level,
we have already collected hundreds of thousands of signatures to
support the following petition letter:
As
members of the civil society of an EU Member State, we urge our
Minister of Foreign Affairs, the Council of the European Union and the
United Nations to
take political and economic measures, including sanctions, to prevent
Israel from continuing the construction of the wall and to force it to
respect the ICJ advisory opinion.
Pressure on Israel is more imperative than ever if
peace based on International Law is to be achieved. Therefore, we are
asking:
1.
for the suspension of the EU-Israel Association
Agreement
2.
for a total cessation of military agreements and
exchanges with Israel
3.
not to provide any research, coordination or funds for
building tunnels and gates, which supports the situation created by
the construction of the Wall
We
require from Israel, as well as from our government, fulfilment of
their obligations as set out in the advisory opinion, which endorses
the rules of the Fourth Geneva Convention and all the relevant UN
Resolutions.
Our demands refer to your capacity to make
economic and political pressure on Israel – of which the EU is the
first trading partner. As long as Israel does not comply with
International Law, we recommend that you consider the temporary
suspension of the EU-Israel Association Agreement
as a way to pressure Israel to respect International Law and, by the
same way, to stress your commitment to your own obligations under it.
As representatives of
the EU, hence of the United Nations and of the Quartet, we hope that
you will value our request, and we look forward to reading your
position on this issue.
Yours faithfully,
Pierre Galand
Senator in the Belgian
Parliament and Chairman of ECCP
On 9
July 2004, the
International Court of Justice (ICJ) issued its advisory opinion
on the wall Israel is building in the occupied West Bank
including East Jerusalem. The ICJ laid down that the
construction of the wall and its associated regime are contrary to
International Law. It also declared that Israel is obliged to
cease the construction of the wall, to dismantle the parts already
built, and to make reparation to the Palestinian population for
all damage caused by such construction. On 20 July 2004, 150
United Nations Member States – among which the European Countries
– acknowledged that they are bound by the ICJ advisory opinion in
resolution ES-10/15 of the General Assembly.
JERUSALEM AND RAMALLAH HEADS OF MISSION
REPORT
ON EAST JERUSALEM
SUMMARY
1. East Jerusalem is of central importance to the
Palestinians in political, economic, social and religious terms.
Several inter-linked Israeli policies are reducing the possibility
of reaching a final status agreement on Jerusalem, and demonstrate a
clear Israeli intention to turn the annexation of East Jerusalem
into a concrete fact:
-
the near-completion of the barrier around
east Jerusalem, far from the Green Line;
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the construction and expansion of illegal
settlements, by private entities and the Israeli government, in
and around East Jerusalem;
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the demolition of Palestinian homes built
without permits (which are all but unobtainable);
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stricter enforcement of rules separating
Palestinians resident in East Jerusalem from those resident in the
West Bank, including a reduction of working permits;
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and discriminatory taxation, expenditure and
building permit policy by the Jerusalem municipality.
2. The plan to expand the settlement of Ma’aleh Adumim into
the so-called “E1” area, east of Jerusalem, threatens to complete
the encircling of the city by Jewish settlements, dividing the West
Bank into two separate geographical areas. The proposed extension
of the barrier from East Jerusalem to form a bubble around the
settlement of Ma’aleh Adumim would have the same effect. 2004 saw a
near tripling of the number of Palestinian buildings demolished in
East Jerusalem. We expect a similar number of demolitions in 2005.
88 homes in the Silwan neighbourhood with demolition orders
outstanding against them attracted much attention in June.
3. When the barrier has been completed, Israel will
control access to and from East Jerusalem, cutting off its
Palestinian satellite cities of Bethlehem and Ramallah, and the rest
of the West Bank beyond. This will have serious economic, social
and humanitarian consequences for the Palestinians. By vigorously
applying policies on residency and ID status, Israel will be able
finally to complete the isolation of East Jerusalem – the political,
social, commercial and infrastructural centre of Palestinian life.
4. Israel’s activities in Jerusalem are in violation of both
its Roadmap obligations and international law. We and others in the
international community have made our concerns clear on numerous
occasions, to varying effect.
Palestinians are, without exception, deeply alarmed about East
Jerusalem. They fear that Israel will “get away with it”, under the
cover of disengagement. Israeli actions also risk radicalising the
hitherto relatively quiescent Palestinian population in East
Jerusalem. Clear statements by the European Union and the Quartet
that Jerusalem remains an issue for negotiation by the two sides,
and that Israel should desist from all measures designed to pre-empt
such negotiations, would be timely. We should also support
Palestinian cultural, political and economic activities in East
Jerusalem.
RECOMMENDATIONS
On the political level
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Clear statements by the European Union and
the Quartet that Jerusalem remains an issue for negotiation by the
two sides, and that Israel should desist from all measures designed
to pre-empt such negotiations.
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We might consider issuing a statement
focused on the issue of Jerusalem at the GAERC in November. We
could also press for a similar statement to issue from the Quartet.
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Phase One of the Roadmap calls for the
re-opening of Palestinian institutions in East Jerusalem, and in
particular the Chamber of Commerce. The re-opening of these
institutions would send a signal to the Palestinians that the
international community takes their concerns seriously, and is
taking action. We might include a call for their re-opening in the
statements referred to above, and explore with the two parties how
and when their re-opening might be accomplished.
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Request the Israeli Government to halt
discriminatory treatment of Palestinians in East Jerusalem,
especially concerning working permits, building permits, house
demolitions, taxation and expenditure.
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The EU might consider and assess the
implications and feasibility of excluding East Jerusalem from
certain EU/Israel co-operation activities.
On an operational level
-
Organise political meetings with the PA in
East Jerusalem, including meetings at ministerial level.
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Initiatives (statement letters, contacts,
meetings etc.) focused on issues like access, building permits, the
consequences of the barrier etc.
-
In view of the Palestinian legislative
elections scheduled for 25 January 2006, encourage the parties to
agree on the terms and substance of their co-ordination to allow for
satisfactory elections to take place in East Jerusalem, referring to
the parties’ obligations under the interim agreements and the
Roadmap (PA to hold elections and Israel to facilitate them) and
taking into account the recommendations formulated in the Rocard
EUEOM report. Offer 3rd party technical assistance and
monitoring capacity if required and adequate.
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The Jerusalem Masterplan that is currently
in the approval process should undergo a technical assessment
followed by a decision as to how to evaluate the plan in terms of
legal implications, public awareness etc. The plan currently exists
only in Hebrew (the plan should be translated into Arabic and
English).
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All MS and EC to increase project activity
in East Jerusalem with a balance between service provision, relief,
development and political projects (taking into consideration the
Multi Sector Review). Support for civil society is important. An
inventory of current EC and MS activity in East Jerusalem would be a
useful first step.
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Regarding house demolitions for lack of
building permits in East Jerusalem, the EU could pursue various
options:
-
support legal projects designed to support
Palestinians threatened by house demolitions and those who have been
victims thereof
-
promote initiatives to legalise “illegal”
houses (e.g. through introducing retroactively alternative town
planning schemes)
-
facilitate a solution for obtaining building
permits
-
EU projects with a Palestinian NGO on legal
counselling concerning building permits and house demolitions
-
EU project on the development of a master
plan for urban planning and legal housing for Palestinian
neighbourhoods in East Jerusalem.
-
Facilitate a solution of the access issue.
This would comprise a range of political and operational measures,
both short and long term
-
Support local and international
organisations in their information efforts on East Jerusalem.
-
Enhance EU assistance to Palestinian institutions in East Jerusalem,
including cultural activities and community empowerment.
EU
Response to ECCP
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