United Nations

What does Palestine’s signing of 15 international treaties mean?

On 01.04.2014 the Palestinian President Mahmoud Abbas signed letters of accession to 15 multilateral treaties and conventions. Why did they do this and what does it mean for the peace process?

abbas_and_saeb_340_220

Israel accuses Palestine of “unilateral” behaviour. Yet this is not true. Palestine may sign these treaties and conventions since they obtained observer state status in the UN General Assembly in November 2012. This in turn means that Palestine’s step is not “unilateral”, but indeed a right granted to them by the global society.

As published on Thursday, 03 April 2014 on the Palestine News Network, Ramallah:

Abbas and Saeb (AP Photo/Majdi Mohammed, File)

How are these letters of accession linked to the negotiations process?

In July 2013, the PLO took the difficult decision to postpone accession to multilateral treaties and conventions in exchange for the release of 104 pre-Oslo prisoners in four stages. In fact, the release of pre-Oslo prisoners is a commitment Israel had already made 20 years ago as part of the Palestinian Israeli interim accords (Oslo accords), again in 1999 through the Sharm al-Sheikh Agreement and a third time at the beginning of the current negotiations.

The release of prisoners was not formally linked to the negotiations process.

The fourth and final release of 30 prisoners was set to take place on March 29th 2014. When Israeli officials indicated that Israel would not go through with the release, the PLO asked that the US administration ensure that Israel fulfills its commitment. Since Israel failed to release the last group of prisoners, the State of Palestine is no longer obliged to postpone its rights to accede to multilateral treaties and conventions.

The nine months is not over yet. Doesn’t this mean the Palestinians are breaking their commitment?

No, this does not mean that negotiations process is over. President Abbas made this point clear during his announcement on Tuesday April 1st. Indeed, the PLO remains committed to this nine month process, which ends on April 29. Despite the escalation of oppressive Israeli policies such as the killing of Palestinian civilians, settlement construction, raids on vulnerable communities, arbitrary arrests and detentions, home demolitions and the removal of residency rights, we remained committed to the negotiations process and supported US efforts.

Which treaties and conventions did President Abbas sign?

President Abbas signed letters of accession to the following 15 multilateral treaties and conventions. These treaties and conventions will help to protect and promote basic rights of the Palestinian people and will enable the State of Palestine to be a responsible actor on the international stage:

  • The Fourth Geneva Convention of 12 August 1949 and the First Additional Protocol
  • The Vienna Convention on Diplomatic Relations
  • The Vienna Convention on Consular Relations
  • The Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict
  • The Convention on the Elimination of All Forms of Discrimination against Women
  • The Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations Concerning the Laws and Customs of War on Land
  • The Convention on the Rights of Persons with Disabilities
  • The Vienna Convention on the Law of Treaties
  • The International Convention on the Elimination of All Forms of Racial Discrimination
  • The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • The United Nations Convention against Corruption
  • The Convention on the Prevention and Punishment of the Crime of Genocide
  • The International Convention on the Suppression and Punishment of the Crime of Apartheid
  • The International Covenant on Civil and Political Rights
  • The International Covenant on Economic, Social and Cultural Rights

What happens now?

The letters of accession have been handed over to the relevant parties.

There are a total of 63 treaties, conventions and agencies that the State of Palestine may join and will do so in the best interests of its people, as and when it sees fit. This is a right that all UN member and Observer states have.

Isn’t this just a unilateral step so the Palestinians can reject an agreement?

No. This is the fulfillment of Palestine’s right and has nothing to do with negotiations or the reaching of an agreement. As President Abbas expressed during the announcement, the Palestinian position remains unchanged. The PLO seeks to achieve an independent and sovereign Palestinian state on the 1967 border with East Jerusalem as its capital with a just solution to the refugee issue based on UN General Assembly resolution 194. It will use all legal means to achieve this, including negotiations and peaceful popular resistance.

Doesn’t this undermine US and international efforts?

No, Palestine does not want to clash with anyone. The tools it uses are legitimate and non-violent. The PLO bases its action on international law and the fulfillment of the long overdue and inalienable rights of its people.

These treaties are vital to continued Palestinian institutional building, good governance and the upholding of human rights, all of which form the basis for an independent and sovereign State of Palestine. Palestine will pursue this non-violent track, including all possible diplomatic venues, in a way which serves the best interests of its people and the cause of a just peace.

On the other hand, Israeli actions, including unrelenting settlement construction during this entire process, has undermined US and international efforts.

What does this mean for the peace process? Are the negotiations over?

No. The PLO is committed to negotiations until the 29th April, as agreed.

The Israeli government needs to understand that negotiations are a non-violent tool to achieve peace, and not a smoke screen for continued human rights violations and the expansion of settlements that makes a two-state solution increasingly impossible.

Aside

Palestine is a state!

An overwhelming majority vote in favour of Palestine signals a strong message:  everyone in the world deserves a place, and never at the cost of anyone else.

138 countries voted YES, only nine NO (Israel, the USA, Canada, the Czech Republic, Panama and several Pacific island nations: Marshall Islands, Micronesia, Nauru and Palau) and 41 abstained (were they successfully lobbied by Israel and the USA?)

(Mondoweiss, artist unknown)

To recognise Palestine as a “non-member State observer” in the United Nations’ General Assembly is a step forward for the world, not only for Palestine.   It signals a strong message to the USA and Israel and their partners:

If we all stand together, we have a voice that can be heard.

My interpretation of “forward” here clearly differs from what US President Obama has in mind.  During the recent violence between Gaza and Israel, Obama recognised Israel’s right to defend themselves.  But what about the Palestinians?  The world is now saying – the Palestinians have rights too.

Palestine’s new status in the UN gives them access to, for example, the International Criminal Court (ICC) and the World Health Organisation.

What does this mean?

Some argue that Palestine’s access to measures for accountability within the ICC means that the ICC is permitted to exercise criminal jurisdiction over Israeli politicians and generals who committed war crimes and crimes against humanity in the course of Operation Cast Lead.  Others in turn argue that Palestinians cannot lay charges at the ICC as they first have to accede to the ICC, sign the Rome Statute, etc.

Before the vote on Palestine’s status, the US lobbied States to oppose a Palestinian request for recognition as a non-member State – and some argue it is because the US wishes to secure impunity for Israeli leaders.  But unlike in September 2011, the lobbying did not work and states voted overwhelmingly in favour of Palestine.

A statement by the Russell Tribunal, for example, condemned this cynical conduct on the part of the United States and stressed the need for criminal accountability for the abuses committed in Gaza in addition to the ongoing settlement enterprise, and the forced population transfer of Palestinians.

Previously, on 23 September 2011:

Qusra, where an unarmed villager was killed on 23 September 2011 when he tried to defend his olive grove that was invaded and damaged by Israeli settlers

When the Palestinian leadership applied for admission to the UN on 23 September 2011, the US made it clear that it would veto this application in the Security Council notwithstanding its long-standing support for a two-state solution. To avoid the embarrassment of contradicting its own policy by using its veto power, the US then lobbied other member states of the Security Council to oppose the Palestinian application for admission, explaining that the solution to the Palestinian-Israel conflict is not a matter of international law or multilateral resolution, but instead a matter of politics. As a result the Palestine application for admission to the UN lapsed.

The statehood bid, as it is more commonly known, raises some controversy amongst Palestinians as well because of its failure to represent the collective will of a national body, two-thirds of whom live beyond the Occupied Palestinian Territory.

In this case the Russell Tribunal argues that the legal statehood of Palestine is no longer a debatable issue since Palestine has been recognized as a State by some 130 States and is now a full member of UNESCO.

images

Source of picture: english.al-akhbar.com

Aside

UNOCHA: toename in insidente in Wes-Oewer

United Nations Office for the
Coordination of Humanitarian Affairs (OCHA)
www.ochaopt.org

Ons as ekumeniese begeleiers moniteer en rapporteer mensregte-oortredings en verbrekings van die internasionale menseregtewet aan die Verenigde Nasies.  Die VN se kantoor vir die koordinering van mensesake of OCHA (soos dit kortweg bekend staan) analiseer dan die inligting om tendense te analiseer.

Daar was in Julie – September 2011 ‘n drastiese toename in insidente in die noorde van die Wes-Oewer  in vergelyking met dieselfde periode in 2010.  Die grootste aantal insidente was juis in die area waar ons, die Yanoun-span, werk.

Sommige van die dorpe suid van Nablus. Ons werk in Nablus en al die dorpe op die kaart, asook in ander wat nie op hierdie kaart is nie. Die Y van Yanoun is heel regs sigbaar. Die donkerbruin gemerkte dele is onwettige setlaarsdorpe wat verantwoordelik is vir die geweld. Die rooi gemerkte kruise is kontrolepunte, en Yitzhar en Beit Furik is twee setlaarsdorpe wat uiters aggressief is. By Huwwara eet 'n mens die lekkerste falafel op die aarde (volgens ons taxi-bestuurder, maar ons is geneig om met hom saam te stem). Die noordelike deel van die Jordaanvallei lê na regs, af van die kaart.

Al die insidente is veroorsaak deur Israeli’s – deur soldate en onwettige setlaars, en soms werk hierdie groepe saam met mekaar (die meeste setlaars is immers ook soldate). Ek werk tans aan ‘n artikel hieroor en plaas dit later.