The Declaration of Principles on Interim Self-Government Arrangements signed by Israel and the Palestine Liberation Organization (PLO) in 1993 deferred certain issues to subsequent permanent status negotiations. Subsequent rounds of such negotiations held in 2000-2001, 2007-2008 and 2013-2014 were inconclusive.
Set out below are the positions of the Committee on the Exercise of the Inalienable Rights of the Palestinian People on permanent status (final status) and other key issues at stake.
The Committee on the Exercise of the Inalienable Rights of the Palestinian People (the Committee) has consistently supported all international efforts aimed at pursuing peace negotiations as a way of ending the occupation and resolving the question of Palestine in all its aspects on the basis of international law and United Nations resolutions. The Committee welcomed the 1991 Madrid peace process, as well as the 1993 Declaration of Principles and subsequent agreements reached by Israel and the PLO. In 2002, the Committee welcomed the affirmation of a vision of a region where two States, Israel and Palestine, would live side by side within secure and recognized borders, as set out in Security Council resolution 1397 (2002). The Committee urged the swift realization of that objective, through a concrete step-by-step mechanism covering the political, economic and security fields within a specified time frame. In this respect, the Committee also welcomed the peace initiative adopted by the Arab States at their summit in Beirut on 28 March 2002 and asked Israel to reciprocate in good faith.
The Committee supports the continuing efforts of the diplomatic Quartet, consisting of the United States of America, the Russian Federation, the European Union and the United Nations, particularly for promoting a peace plan entitled “A performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict”, which was endorsed by the Security Council in its resolution 1515 (2003). The Committee urged the Quartet and the international community to help the parties implement their obligations under the plan, relating notably to questions of security and the freezing of settlement activity.
In the view of the Committee, the Road Map offers a way to achieve a comprehensive, just and lasting settlement of the question of Palestine, in accordance with Security Council resolutions 242 (1967), 338 (1973), 1397 (2002) and 1515 (2003), and the principle of a permanent two-State solution based on the 1967 borders, the realization of the inalienable rights of the Palestinian people, and the right of all States in the region to live in peace and security. The Committee believes that in order to realize the two-State solution, the parties must respect all previously signed agreements and commitments.
The Committee has come out strongly against the construction by Israel of the separation wall and its accompanying structures and obstacles in the Occupied Palestinian Territory, including East Jerusalem, in deviation of the pre-1967 border, which has been accompanied by destruction and confiscation of Palestinian land and property and the displacement of thousands of Palestinian families. The Committee welcomed the 9 July 2004 Advisory Opinion of the International Court of Justice (ICJ), which had clearly determined that the construction of the wall was illegal under international law. The Committee also welcomed General Assembly resolution A/RES/ES-10/15 adopted on 20 July 2004, acknowledging the Advisory Opinion and demanding that Israel comply with its legal obligations as mentioned in the Opinion. The Committee is seriously concerned that through the construction of this barrier, allegedly for security reasons, the Government of Israel is in fact aimed at the de facto annexation of more Palestinian land and at unilaterally defining the borders of a future Palestinian State, prejudging the outcome of the permanent status negotiations. The Committee’s position is that Israel has no right to build any such separation structures on Palestinian land. The construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, must cease immediately and the wall and its accompanying structures erected to date must be dismantled, in line with the ICJ Advisory Opinion and the relevant General Assembly resolutions. All legislative and regulatory acts adopted in connection with its construction must be repealed or rendered ineffective. Israel is obliged to make reparation to the Palestinian population for all damage caused by the construction. In this regard, the Committee fully supports the mandate of the United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory and calls for its full implementation without delay.
The Committee’s position is that the presence and construction of Israeli settlements in the Occupied West Bank and East Jerusalem is illegal under international law, contravenes Israel’s obligations under the Road Map and constitutes a serious obstacle to the peace process. Article 49 of the Fourth Geneva Convention strictly prohibits such colonization, stipulating that “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”. This position was reaffirmed in Security Council resolution 465 (1980), which determined that Israel’s policy and practices of settling parts of its population and new immigrants in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, constituted a flagrant violation of the Convention. The Committee has called for an immediate and complete freeze of settlement activity based on Israel’s obligations under international law and in accordance with the Road Map as well as the Annapolis Joint Understanding, which unequivocally called for an end to settlement expansion, including the so-called “natural growth”. Implementation by the Government of Israel of this requirement is a crucial indicator of its political will to resume serious negotiations on all permanent status issues leading to a two-State solution of the conflict.
The question of Palestine refugees is a critical element of the Israeli-Palestinian conflict. Its fair and just resolution on the basis of General Assembly resolution 194 (III) of 11 December 1948 will be an essential prerequisite for Palestinian-Israeli as well as regional peace. The Committee considers that a durable solution to the Palestine refugee problem can only be achieved in the context of the inalienable right of return to the homes and property from which the Palestinians have been displaced over the past decades. The Committee is of the view that justice for Palestine refugees and the Palestinian people as a whole also encompasses fair recompense and recourse for the wrongs inflicted upon them under occupation. The inherent vulnerability of the refugees and the dire conditions of their exile call for a just and lasting solution anchored in the principles of international law and the lessons drawn from successful examples of conflict resolution in other parts of the world. The various refugee resettlement and compensation schemes advanced over the years, as well as the hard work undertaken by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in providing assistance and care for the refugees were always meant as interim measures, not as substitutes for the right of return.
The Committee emphasizes the inalienable right of the Palestinian people to sovereignty over their natural resources, as reaffirmed by the United Nations General Assembly in its resolution A/RES/71/247 of 21 December 2016. In this regard, the Committee fully supports the demand of the Assembly that Israel, the occupying Power, must cease the exploitation, damage, cause of loss or depletion of, or endangerment of the natural resources in the Occupied Palestinian Territory, including East Jerusalem. The Committee is opposed to Israel’s discriminative policy of restricting the Palestinian population from access to water resources in their own land, while making an abundant amount of water from those resources readily available to its own citizens, including settlers in the Occupied West Bank and East Jerusalem. Any permanent status agreement should honour international law with respect to the sharing and allocation of ground and surface water resources through equitable and reasonable allocation on a per capita basis, avoidance of significant harm, and respect for the obligation of prior notification before undertaking major projects that may affect the neighbour’s water allocation.