Article 1 in both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) reads: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. “
The United Nations Universal Declaration of Human Rights Article 15 states that everyone has the right to a nationality, that no one should be arbitrarily deprived of a nationality, or denied the right to change nationality. Palestinians currently have none, in practice.
The right of ALL PEOPLE / ALL STATES to self-determination
The UN Charter clarifies the meaning of the term self-determination. A state has the right of self-determination in the sense of having the right to choose freely its political, economic, social, and cultural systems. All peoples have the right of self-determination. By virtue of that right they can freely determine their political status and freely pursue their economic, social and cultural development.
The right of a people to self-determination is a cardinal principle in modern international law. Based on respect for the principle of equal rights and fair equality of opportunity.
Many human groups have in the past launched a struggle (in some cases a war) for their liberation and the establishment of an independent country. For example, the American war of independence against the British. In India, the struggles for independence from Britain was led by Gandhi and Nehru. In the 20th century, African independence movements were witnessed, as a wave of struggles for independence from European/colonialist rule. For example Kenya, led by Jomo Kenyatta, Algeria for its liberation from France, Mozambique and Angola for liberation from Portuguese rule, Malagasy nationalists revolt against the French as from March 1947, Eritrea from being an Italian colony from 1890 to 1941, then having to struggle against domination by Ethiopia, Namibia against German rule, South Africa led by Nelson Mandela against internal apartheid rule – AND SO MANY OTHERS.
Now, let us – let the world – recognize the ongoing struggle /war of the Palestinians people for their land, freedom and independence from Israeli control and rule. Side by side with the peaceful existence of Israel free from attacks. Including the rights of the 700,000 Palestinians now living in foreign countries, a figure not far from the total number of Jewish immigrants of 482,900 who came and created the state of Israel in 1948.
On the 4th of January, Israel’s defense minister Y. Gallant shared his “day after plan” for the Gaza Strip after Israel completes its military operation against Hamas, which has ‘ruled’ the territory since 2007.
The outline is part of a “vision for phase three” document submitted to Prime Minister Netanyahu’s war cabinet on Monday 1st of January. It states that civil administration of the enclavewould pass to unnamed “Palestinian players”, while Israel would retain the ability to carry out military activities within the Strip after the war. Completely unacceptable!
The USA VETO of a resolution of the Secretary-General for an immediate ceasefire in GAZA was voted on by 13 out of 15 Security Council members on 8th December 2023 in New York. That veto defeated the resolution. Shame on America!
The USA advised Israel to ‘continue the war’, but ‘reduce the number of people killed’ especially women, children and civilians. So far, since October 7 in 12 weeks of the war, 22,000 Palestinians and about 1,200 Israelis have been killed (Yes! Over TWENTY – TWO THOUSAND DEATHS, mostly PALESTINIANS). In fact, almost 5% of Gaza’s population are now dead. A HOLOCAUST is happening right before our eyes while the world remains silent!
The USA and its President Joe Biden have now become responsible for all new deaths in Palestine. The USA, which vetoed that ceasefire resolution, is the one providing money and arms to Israel. Agnes Callamard (Secretary-General of Amnesty International) said that the US veto “displays a callous disregard for civilian suffering in the face of a staggering death toll”.
The 2-state solution (Israel and Palestine) is THE ONLY SOLUTION for peaceful and just living. Israel was establishes in May 1948, will Palestine be established early in 2024? Seventy-five years too late, but better late than never!
After such an agreement, the UN will declare and recognize a new independent State of Palestine, with its own airport, port, passports, freedom of movement to which all citizens of the world are entitled, and which most have in practice. A possible good basis for the 2-state solution is the Ecological Road Map (ERM) giving Palestine access to land, sea, fresh water and freedom of passage, ability to work, to agricultural and industrial production but NOT based on historical factors. Instead of depending currently on aid trucks of food and medicines, and starving when these do not reach.The reconstruction of Gaza and other areas can then begin. There is hope.
Everything must be done to prevent escalation of this conflict to neighbouring states: Yemen, Iraq, Iran, Lebanon amongst others. Biden having clearly spoken in favour of the 2-state solution, must now act, together with the EU, China, Russia, India, Egypt, Qatar and neighbouring Arab states. This will be to exert pressure on all sides for an immediate ceasefire, exchange of hostages and prisoners and guarantee of the security of Israel from attacks. Then discussions MUST OPEN to delimit each state and set new borders, with no reduction whatsoever of Israeli territory, leading to agreement on the new frontiers for and creation of an independent Palestine.
By Dr Michael ATCHIA (Former United Nations Programme Director)
For Democracy Watch Mauritius
6.01.2024
