Kita mendoakan supaya perjuangan murni mereka di berkati Allah dan mencapai kejayaan sepenuhnya. Kita mengharapkan pengalaman silam masyarakat Arab tidak berulang demi memertabatkan keadilan manusia sejagat. Janganlah pula kepentingan sendiri dipertaruhkan sehingga maruah bangsa dan ugama dijual mudah.
Kita tidak mudah lupa bagaimana telah kesekian lama nasib negara dan bangsa Palestin di perggadaikan oleh kuasa-kuasa besar dan asing dengan "persetujuan" saudara sebangsa Arab sejiran.
Bermula dengan Sykes-Picot Agreement 1916, tanah Palestine telah di potong dan dibelah bahagikan sehingga menjadi sebagaimana ianya sekarang. Amat menyedihkan sekiranya ada pula dikalangan puak Palestine sendiri yang berjaya dibelahbahagikan dan diadudombakan oleh musuh dengan tujuan memecahbelahkan kesatuan mereka. Kita tidak mahu terjadi nanti Palestine sendiri yang memecahbelahkan dan menjual negara mereka sendiri, sebagaimana yang telah terjadi di Iraq, Libya dan negara-negara lain di dunia yang fana ini.
Kalau kita berpegang kepada ketaqwaan kepada Allah, kita akan selamat.
Pun begitu kita akan memantau perkembangan permohonan Palestine ini dengan rapi dan mendoakan kejayaan mereka.
Beberapa keratan rencana berkaitan asas permohonan keahliam PBB ini saya muatkan sebagai rujukan seperti berikut:-
Palestine Declaration of Independence
PLO Negotiations Office
Recognizing the Palestinian State on the 1967 border &
Admission of Palestine as a Full Member of the United Nations
JULY 2011
Palestine Declaration of Independence
November 15th, 1988
Quotes from the Palestine Declaration of Independence
“Whereas the Palestinian people reaffirms most definitively its inalienable rights in the land of its patrimony: Now by virtue of natural, historical and legal rights, and the sacrifices of successive generations who gave of themselves in defense of the freedom and independence of their homeland; In pursuance of Resolutions adopted by Arab Summit Conferences and relying on the authority bestowedby international legitimacy as embodied in the Resolutions of the United Nations Organization since 1947; And in exercise by the Palestinian Arab people of its rights to self-determination, political independence and sovereignty over its territory”.
“The State of Palestine herewith declares that it believes in the settlement of regional and international disputes by peaceful means, in accordance with the U.N. Charter and resolutions. With prejudice to its natural right to defend its territorial integrity and independence, it therefore rejects the threat or use
of force, violence and terrorism against its territorial integrity or political independence, as it also rejects their use against territorial integrity of other states”.
Why recognize Palestine?
• The establishment of a Palestinian state was a promise made to the Palestinian
people by the international community whose fulfillment that is long-overdue
The right of the Palestinian people to an independent, sovereign state has awaited implementation for sixty-four years. 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 United Nations (UN), recommended a solution to the conflict between immigrant Jewish communities and the indigenous Palestinian Arabs. That solution contained in General Assembly Resolution 181 (II), called for the creation of two states. Today, however, it is only one state, the State of Israel, that exists and is a full member of the UN. The Palestinians, who have suffered decades of displacement, dispossessions, and the systematic denial of their national and human rights, have yet to realize their independent state. In 1988, the Palestine Liberation Organization (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 a historic compromise in the interest of peace. Palestinian concessions over land have been painful but they have been honored. Since the signing of the Oslo Accords in 1993, the international community has repeatedly affirmed that the only formula for peace in the region is the two-state solution, which requires the establishment of a viable and sovereign Palestinian state. More recently in 2009, the international community endorsed the Palestinian state-building plan, which concludes in September 2011 and later recognized that Palestinians are indeed ready for statehood.
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. This includes UN General Assembly (UNGA) Resolution 3236, which 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 also confirmed the right of the people of Palestine to self-determination while UNGA Resolution 2672 declared that respecting
Palestinians’ 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 policy of Wall construction and settlement expansion inside the Occupied Palestinian Territory, including East Jerusalem, is illegal as it “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.”
• Recognition of the State of Palestine is consistent with the understanding that
formed the basis of the Interim Agreement
Recognizing the Palestinian State is consistent with the very basis of the Declaration of Principles, including the principle of the two-state solution and relevant UN resolutions like 242 and 338.
Regrettably, almost 20 years have passed since the signing of the first Interim Agreement and Israel’s occupation of Palestinian land and exploitation of natural resources is further entrenched. In fact, since the signing of the Oslo Accords in 1993, the number of Israeli settlers living in the occupied West Bank, including East Jerusalem, more than doubled. In the past twenty years Palestinians have seen more of their homes and properties demolished and razed than ever before. They have also seen their economy shrink because of a regime of closure and checkpoints in the West Bank and an inhumane siege in Gaza.
Throughout the past years, Palestinians have honored their commitments while Israel systematically violated its obligations by undertaking unilateral actions that violate all signed agreements. 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.
• Recognizing the State of Palestine is a sovereign decision that supports international
law
To recognize the State of Palestine 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 reaffirms that Israel’s colonization of Palestinian land is illegal. Recognition of the Palestinian state also reaffirms the international community’s commitment to the two-state solution. It is an investment in peace.
• Recognizing 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 the basis for resolving the conflict. It affirms respect for UN Security Council Resolution 242, which did not recognize Israel’s acquisition of Palestinian land beyond the 1967 border by force. It is also consistent with the Arab Peace Initiative, which promised recognition of Israel and normalized relations between Israel and the Arab World upon ending the occupation of Arab territories that began in 1967 and reaching an agreed upon solution to the issue of the right of return.. By recognizing Palestine, the international community would be formalizing these terms of reference and protecting the two-state solution.
Palestine remains committed to negotiations as we believe that ending the conflict still requires the parties to reach a negotiated comprehensive peace agreement on all outstanding issues, including refugees, security, water, and other.
• Recognizing the State of Palestine protects the viability of the two-state solution
from continued unilateral Israeli actions
Opponents of our efforts to obtain recognition and to join the UN as a full member 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 illegal colonization of Palestinian 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 Palestinian Territory include its illegal annexation of occupied East Jerusalem and the No Man’s Land, construction of the Wall in the West Bank, its isolation of the Gaza Strip, and its closure of the Jordan Valley and Dead Sea. The international community considers all these actions to be illegal and does not recognize them. Recently, European diplomats concluded in a study that these unilateral Israeli actions, especially in occupied East Jerusalem, threaten the two-state solution. Also, the World Bank and UN have also concluded that the continued Israeli occupation is the only remaining obstacle for Palestinian statehood.
• The realization of the Palestinian People’s right to self-determination is an
international responsibility
The right to self determination of the Palestinian people is an inalienable right that is not up for negotiations. . It is a jus cogens norm that must be respected by states and it has been recognized as an erga omnes right, which makes the realization of this right the responsibility of the international community. 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, UN member states have overwhelmingly and repeatedly recognized that Palestinians enjoy the human rights outlined by relevant Covenants and Declarations, which make up the body of International Human Rights Law.
• 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; its 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 UNGA Resolution 181 II- 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.
Source: www.nad-plo.org
Palestinians, America and the U.N.
| Palestinians are well within their rights to bring the issue of Israeli settlements and their illegality before the United Nations Security Council. Our decision to do so follows both Israel’s refusal to cease all settlement activity in the occupied Palestinian territory, and America’s failure to ensure Israel’s compliance with international law and existing agreements. The United States should support such a move, not block it. It is universally recognized that Israeli settlements are illegal under international law, and that without a full cessation of all settlement activity, Palestinian-Israeli negotiations and the two-state solution are both doomed. In spite of the dilution of American public statements, the United States still recognizes settlements as illegal. Not only are they a violation of the Fourth Geneva Convention; under the Rome Statute, they are considered a war crime. With America unwilling to hold Israel accountable to international law and existing agreements, Israel has remained intransigent in the face of international efforts to revive genuine negotiations. A Security Council resolution would reaffirm today’s international consensus in support of the two-state solution by recognizing the threat posed by illegal settlements. This is not rocket science. Settlements are built on occupied Palestinian land. They also entail the exploitation of Palestine’s natural resources, including water. Both belong to a future Palestinian state. Without them, no Palestinian state can be viable. The true impact of Israeli settlements is measured not only by the way they undermine the two-state solution; it is also the enormous damage they inflict on countless Palestinian communities. Settlements superimpose a colonial grid over the West Bank, including East Jerusalem. They constitute an illegal exercise of Israeli extraterritoriality in Palestine. Built on the expropriation and theft of Palestinian land, they dominate the surrounding hilltops of the occupied West Bank, encircling and besieging Palestinian towns and villages below. They stand at the heart of an ever expanding web of checkpoints, walls, roadblocks and settler-only bypass roads that marginalize Palestinian realities and render all normal life impossible. Palestinian farms, businesses and homes have all been destroyed to make way for settlement expansion, while Palestinian lives and livelihoods have been shattered in the process. The rights and protections enshrined under international law apply as much to Palestinians as to anyone else. Indeed, at the very heart of the Palestinian struggle is a determination to win back these very rights and protections long denied us by Israel. This applies as much to the rights of Palestinian refugees living in exile for the last 60 years, as it does to the many Palestinians who have suffered for over four decades under the brutality of an Israeli military occupation. Settlements are a fundamental part of this. Given that they continue to expand in flagrant violation of international law, it is perfectly reasonable for Palestinians to turn to the United Nations as a forum in which to pursue their legitimate rights. The question is not whether or not Palestinians should approach the United Nations. We have every right to pursue all legal avenues available to us, whether in the absence of or parallel to negotiations, just as the African National Congress did in its struggle to overthrow apartheid in South Africa. Rather, the question is why the United States should oppose such a move, particularly given that its own attempts to revive Palestinian-Israeli negotiations have been thwarted time and again by Israel’s refusal to stop building settlements. Negotiations are not a substitute for international law. Rather, they should be guided by international law, which alone establishes the benchmarks for a just peace. Nor are settlements a bilateral issue whose illegality is up for discussion. It is just such a message that the Obama administration is in danger of sending by opposing a Security Council resolution reaffirming the illegality of Israeli settlements. It sets up a false opposition between negotiations and international law, substituting one for the other. And it closes down what few avenues are open to Palestinians, in the absence of negotiations, to continue our national struggle through nonviolent means. The U.N. charter explicitly references its “faith in fundamental human rights” and the need to uphold “conditions under which justice and respect for the obligations arising from treaties and other sources of international law” be respected. What could be more applicable than the damage done by Israeli violations, in particular unilateral measures like settlement activity? Hanan Ashrawi is a former Palestinian peace negotiator and an elected member of both the Palestine Liberation Organization’s executive committee and the Palestinian Legislative Council. |
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