(september 2011) permanent observer mission of palestine memo refuting arguments regarding plo...
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Memorandum prepared by the Permanent Observer Mission of Palestine
to the United Nations - New York
September 2011
Response to Arguments that the "September Initiative" regarding Statehood will harm th e
Status of the Palestine Liberation Organizat ion (PLO ) and the rights of the Palestine Refugees:
T h e Palestinian people are recognized worldwide as a nation o f people with a distinct history,
heritage, culture and society. T h e right of the Palestinian people to self-determination and freedom
is an inalienable right, enshrined in the United Nations Charter, international law and United Nations
resolutions and also recognized worldwide. This right to self-determination and freedom includes
the right to an independent State where th e Palestinian people can live as a free and dignified people
without external interference. This is among th e legitimate national aspirations of the Palestinian
people, f o r which they have been striving fo r decades.
As all peoples in the world, th e Palestinian people must struggle with national crises, problems and
difficult and sensitive issues. Primary among th e crises that the Palestinian people an d their national
movement and leadership have faced over th e decades are the plight of the Palestine refugees since
the 1948 Al-Nakba and the Israeli military occupation of the Palestinian Territory, including East
Jerusalem, since 1967, and al l of the crimes and violations perpetrated against o ur people by the
occupying Power with the continuation o f this conflict and the obstruction o f peace and justice fo r
ou r people.
T h e continuing national effort to resolve th e conflict in all its aspects, including th e achievement of
just solutions for the core final status issues - the Palestine refugees, Jerusalem, the settlements,
borders, security, water an d prisoners - does not contradict or negate our right to be a free people,
like al l other peoples of the world. W e have an inalienable right to freedom and to an independent
homeland fo r our people as we continue this journey to justly and completely resolve th e conflict
and achieve all of the rights of our people, including their right to return, in accordance with th e
relevant United Nations resolutions and provisions o f international l aw, including humanitarian and
human rights l aw.
This is the core of the "September Initiative" fo r Palestinian Statehood: affirmation of the right of
the Palestinian people to self-determination and to Statehood and recognition of the State o f
Palestine, with East Jerusalem as its capital, on the basis of the pre-June 1967 borders, existing as a
Foreword:
115 East 65th Street Ne w York, NY 10065 Tel. (212) 288-8500 Fax (212) 517-2377
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reality in the international community and as an equal member of the community of nations, with
equal rights and sovereignty under international la w that must b e respected.
T h e right to self-determination an d freedom and other human rights, including th e right of refugees
to return, are not mutually exclusive and t he achievement of one does no t negate the other. A n y
other interpretation is baseless an d ignores th e international human rights covenants, including th e
Universal Declaration of Human Rights, which affirms th e rights to which al l peoples of the worldare entitled.
Accordingly, th e current arguments circulating about potential dangers and harm that could b e
caused to the status of the Palestine Liberation Organization (PLO) as the sole legitimate
representative of the Palestinian people as a whole and the legal status, rights and representation o f
th e Palestine refuge es are distorted arguments, based on faulty assumptions that ignore th e extensive
national, regional and international legislation that exists in this regard . Such national, regional and
international legislation safeguards th e rights of the refugees, including their right to return and to
just compensation on the basis of UN General Assembly resolution 194 (III) (11 December 1948)
an d safeguards th e status and role of t he PLO.
Moreover, such arguments ignore th e historical and ongoing functioning of the PLO a t the national,regional and international levels on behalf of the Palestinian people in their entirety, both th e
Palestinian civilian population living under th e Israeli occupation in the Occupied Palestinian
Territory (namely th e West Bank, including East Jerusalem, and the Gaza Strip) and the Palestinian
refugees in the Diaspora, including in the refugee camps in Jordan, Lebanon, Syria and t he OPT
itself. Lastly, th e arguments being made reflect either a serious lack o f understanding or total
dismissal of the essence of the right to self-determination, th e inalienable right of all peoples to be
free and live in dignity, determining their o w n political status and destiny, enjoying their human
rights and developing and prospering without external interference.
Facts a n d Explanation:
1. The Statehood initiative being pursued at the United Nations ( U N ) revolves around th e right o f
th e Palestinian people to self-determination and the exercise o f that right in an independent
homeland, in accordance with the UN Charter, th e Universal Declaration of Human Rights and
the 1970 UNGA "Declaration on Principles o f International L aw concerning Friendly Relations
and Cooperation among States in accordance with the Charter of the United Nations", and all
relevant U N resolutions regarding th e question of Palestine that have been adopted over th e
decades an d continue to be adopted.
2 . The right of the Palestinian people to self-determination and to an independent State h as been
repeatedly reaffirmed by the international community in numerous U N resolutions, by the ICJ in
it s 2004 advisory opinion, and via the bilateral recognitions accorded to Palestine by 126countries, th e majority o f which recognized th e State o f Palestine post Declaration o f
Independence in 1988 by the Palestinian National Council (PNC). Such reaff irmations of this
right are based on the above international legal instruments as well as on the two-State solution
for a peaceful settlement of the Israeli-Palestinian conflict on the basis of the pre-June 1967
borders, on which th e Declaration o f Independence by t he PNC/PLO w as explicitly based in
1988 . The two-State solution thus became th e official position of the Palestinian national
movement in 1988, long before th e advent of the Palestinian National Authority ( P A ) . This
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position was of course adopted without prejudice to the legitimate rights of the Palestine refugees
wherever they may be , including to return and to just compensation, and to the status o f
Occupied East Jerusalem, which by then Israel, th e occupying Power, had imposed it s so-called
basic law on in attempted d e facto annexation o f East Jerusalem, which was in 1988 declared th e
capital of the State o f Palestine.
3. The exercise b y a people o f their right to self-determination is precisely their pursuit freely,without an y external interference, o f their political status, i .e. to determine how to govern
themselves and to determine their destiny. Thus, th e political structures o f governance are
determined freely b y that people. If it is the choice of the Palestinian people and their leadership
to maintain t he PLO as their supreme governing body, or executive body, or ultimate decision-
making body then that is their right and their decision. Through th e various stages of the
contemporary Palestinian national struggle this h as been th e case and remains so until n o w . T h e
P L O remains th e most authoritative Palestinian governing body, overseeing th e national efforts
to achieve th e legitimate rights and aspirations of the Palestinian people and representing th e
Palestinian people in their entirety, both th e Palestinian civilian population living under Israeli
occupation in the Palestinian Territory, including East Jerusalem, and the Palestine refugees in
th e Diaspora, including in the refugee camps in Jordan, Lebanon, Syria and in the OccupiedPalestinian Territory itself, in all international forums.
4. No initiative in the UN regarding recognition of the right to self-determination of the Palestinian
people and the independence of the State o f Palestine on the basis of the pre-1967 borders and its
acceptance among th e community o f nations would "terminate" t he PLO. That is the sovereign
decision of the Palestinian people and their leadership and they only. W e cannot b e told by
anyone that: as you are recognized as a State, n o w y o u cannot have the PLO . If we want to
maintain the PLO as a governing body, then that is our decision and that of no one else. This is
th e essence of sovereignty: th e right to decide your fate and to govern yourself accordingly. W e
maintained and preserved th e status and role of t he PLO, including via specific U N resolutions,
even after the Palestine National Council declared th e independence o f Palestine in 1988 andeven after establishment of the PNA in 1994 and so forth, and such would be the case with th e
undertaking of the current Statehood initiative.
5. The proponents of the arguments against th e Statehood initiative seem to deliberately ignore th e
relevant national, regional and international legislation on this issue of PLO status and
representation of the Palestinian people as a whole, wherever they may be and whatever their
legal status, whether refugees or civilians living under foreign occupation.
6 . The national legislation in this regard includes, inter alia, t he PLO Charter, t he PNC Declaration
of Independence o f Palestine, e tc and the establishment of the PNA as a subsidiary body to the
PLO, in addition to the dual role played b y President Abbas as Chairman of the PLO ExecutiveCommittee and President of the PNA and the repeated proclamation and fact that the PLO is the
ultimate authority and representative for the Palestinian people as a whole, whether inside th e
Occupied Palestinian Territory (including th e nearly 2 million registered refugees in the OPT
itself between th e West Bank, including East Jerusalem, and the Gaza Strip) or in the Diaspora.
7. The international legislation in this regard includes, inter alia, th e relevant U N resolutions b y
which t he PLO (1974-1988)/Palestine (1988-Present) gained observer status and by which it
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functions in the UN and on the international stage, both bilaterally and multilaterally ( N A M ,
O I C , Arab League, etc.) with Member States throughout th e world. This legislation also includes
th e relevant resolutions regarding th e right of the Palestinian people to self-determination and
regarding al l aspects of the plight an d rights of the Palestine refugees, which w e have strived
year after year to reaffirm and to gain overwhelming support fo r by t he international community
at the UN as well as in other international forums, and the 2004 1CJ Advisory Opinion. It also
includes t he PLO relationship with UNRWA and the agreement signed between the two and thePLO-Palestine's role as a member of the Advisory Commission o f UNRWA advocating on
behalf of t he Palestine refugees. And, i t includes th e Oslo Accords (Declaration of Principles on
Interim Self-Govemment Arrangements), which specified th e role and status of the PLO as the
representative of the Palestinian people and the letters o f mutual recognition between the two
sides.
8. In addition, w e must look at the relevant regional legislation that is also being ignored by
proponents of the faulty arguments against th e Statehood initiative. This includes regional
legislation in the form of positions taken by t he League o f Arab States, in which Palestine is a
full Memb er State. Within th e Arab League, th e role, function and representative status of the
PLO and t he positions regarding th e rights of the Palestine refugees and the two-state solutionbased on the pre-1967 borders a re clear. In this connection, it must b e stressed that th e 2002
Arab Peace Initiative, which is predicated on the two-State solution, also calls for a just solution
to the Palestine refugee problem on the basis o f UNGA resolution 194.
9. As for the claim that such an initiative would abrogate th e right of t he Palestine refugees to
return and/or to just compensation in accordance with international law and UNGA resolution
194 and subsequent relevant resolutions, this too is unfounded and not based in legal fact. T h e
refugee issue is a core issue, a final status issue, and a political issue that requires a just and
compr ehens ive political solution. Addres sing th e issue of the State and the right to self-
determination does not negate the rights, status or claims of the Palestine refugees. N o r does it
negate th e requirement for a just and comprehensive solution addressing this refugee issue as aprimary national issue for the Palestinian people, which is also a priority regional issue
concerning th e countries neighboring Palestine that have been hosting Palestine refugees fo r over
six decades, namely Jordan, Lebanon and Syria.
10. Th e Palestinian leadership h as repeatedly stated that w e must negotiate just solutions for al l of
th e final status issues, including th e refugee issue, on the basis o f clear parameters based on
international l aw and UN resolutions and within a specified ti meframe, before, during and after
o u r Statehood push. Regardless of the Statehood initiative, it is understood that th e plight of the
Palestine refugees must b e politically, definitively and justly resolved.
11. In this regard, w e reaffirm that th e Palestine refuge e issue is a national, regional and internationalissue and any solution would have to be comprehensive and just in nature in order to be a lasting
solution that address al l aspects of the question, including th e rights of the Palestine refugees to
return and compensation, compensation issues in terms of the host countries, international
responsibility and role with regard to any solution arrived at, and mechanisms fo r
implementation. T h e Permanent Observer Mission of Palestine to the UN has drafted, negotiated
and lobbied for the adoption by the widest majority o f Member States of countless UN
resolutions that preserve th e legal status and rights of the Palestine refugees and the role of the
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international community in this regard, including in terms of the assistance provided to the
refuge e population by the UNRWA. Indeed, th e PLO-Palestine at the UN have done everything
possible to preserve th e rights of t he Palestine refugees - to return, to compensation, to their
properties and revenues - year after year on the international stage and to ensure fo r them th e
humanitarian and socio-economic assistance they need to survive - for all the refugees in Jordan,
Lebanon, Syria and al l of the OPT. This is factual and fully documented in official U N records.
T h e adoption of all these resolutions has been, and continues to be, pursued by Palestine'srepresentatives a t the UN.
12. The claim that pursuing this initiative - which aims at consecrating th e right of the Palestinian
people to self-determination and to their independent State o f Palestine, with East Jerusalem as
it s capital, on the basis of the pre-1967 borders - would negate th e rights of the refugees is to
give credence to the harmful and rhetorical Israeli arguments in this regard. This argument is
baseless, because even in the context o f negotiations and the peace process, and even in the
context of the infamous Roadmap, i t has been repeatedly stated that a just, agreed, fair solution
for the refugees must b e arrived at. Such an Israeli position negating th e rights of the refugees is
neither just, n o r would it ever b e agreed to by Palestine and it is an internationally, regionally
and nationally known fact this issue must b e resolved for an end of al l claims in the conflict.
13. In sum, opposition to the Statehood initiative at this point in time, under arguments revolving
around th e status of the PLO and particularly th e rights of the Palestine refugees, is misguided
and predicated on faulty premises at best, or at worst is mal-intended and taking advantage of the
high sensitivity o f this issue among th e Palestinian people. These arguments have no basis in the
actual national, regional an d international legislation and underst andings that exist. Such
arguments seem clearly centered on opposition to the two-State solution and in turn support fo r
t he one - State solution. This is a position held b y a segment of the Palestinian people, and it is
their legitimate right to have a different position and opinion, but that does not justif y attempts to
undermine, with misinformation and faulty legal arguments, an initiative aimed at promoting th e
rights of the Palestinian people as a whole to self-determination and freedom to their humanrights and dignity at this point in the history of our struggle as a nation o f people.
14 . Further, these misguided arguments reflect a lack o f understanding about the UN and about it s
longstanding resolutions regarding th e question o f Palestine, namely th e international legislation
on the question, from 181, 194 and onwards. The UN is not a non-govemmental organization; it
is the world body representing th e international community, in which the Palestinian people have
been represented b y their sole legitimate representative, t h e P L O , since 1974. There h as never
been a so-called bifurcation of representation of the Palestinian people in this world body; we a re
one , both th e Palestine refugees in the Diaspora and Palestinian civilian population living under
occupation in the Occupied Palestinian Territory, including East Jerusalem. A ll segments of our
people - under occupation, in the refugee camps, and living in exile are represented as onepeople with a just and noble cause.
15. Of course, in this context, the necessary attention is accorded to the specific plight of the
Palestine refugees and their legitimate rights and needs, as reflected in the numerous resolutions
adopted yearly and the efforts exerted to ensure th e continuity and requisite support fo r UNRWA
to serve the Palestine in all areas of the region, all of which a re officially documented in the
resolutions adopted by t he General Assembly (again, al l drafted, presented and negotiated by
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Palestine a t the UN) and the statements of the delegation o f Palestine, whether at the General
Assembly, Security Council, Human Rights Council, Economic and Social Council, ICJ, etc. At
th e same time, th e necessary attention is accorded to the plight of the Palestinian civilians under
Israel's military occupation and the gross violation of all of their human rights by the occupying
Power, including t he wa r crimes perpetrated against them. This too is fully and officially
documented in UN records, whether in resolutions or statements in all of its organs and bodies.
16 . This is the essence an d core of Palestine's representation of all the Palestinian people in the UN,
namely in the international community. This h as been th e case since t he PLO gained observer
status in the organization in 1974 and thereafter, including after th e change o f title/ designation at
the UN from PLO t o Palestine in 1988 following th e PNC's Declaration o f Independence. In
resolution 43/177 (1 5 December 1988), b y which t he GA changed th e designation (by sovereign
decision by the Palestinian leadership and not externally imposed), th e status of the PLO as the
representative of the Palestinian people and the rights and privileges it attained in the UN on
behalf of this people were preserved. It has remained so thereafter, even after Oslo and the
establishment of the PA, and this is precisely because i t was the decision of the PLO to maintain
it as such because it is a people and their leadership w h o determine their representation and
governing bodies and not any external force.
17. In addition, in 1998, the General Assembly adopted resolution 52/250 (7 July 1998) regarding
th e "Participation o f Palestine in the work of the United Nations", upgraded th e observer status
of Palestine in the UN, without prejudice to existing rights and privileges attained by the PLO in
previous resolutions that are also recalled in the said resolution. This upgrade did not harm or
alter th e status of t he PLO as representative of al l of the Palestinian people in the international
arena. Moreover, in this regard, it is relevant to point out that even th e official letters sent by
Palestine to the UN Secretary-General and the Security Council, which a re also official U N
records, always refer to the "Palestinian leadership" in deference to the dichotomy in our
structures, with the PLO and PA playing different roles, but clearly with t he PLO being th e
parent body and the ultimate authority.
18 . Another matter that seems to not be understood is the status of the Palestinian people's
representation in other international, regional and political organizations. A s mentioned earlier,
Palestine is a full member in the Arab League and its representation in this body is of all
Palestinians. Palestine is also a full member of the Non-Aligned Movement (NAM), th e
Organization o f Islamic Cooperation (OIC) and the Group of 77 and China and in these bodies it
represents all of the Palestinian people. They, their rights and their plight - as refugees and as
civilians under foreign occupation - are fully addressed and represented by Palestine in these
bodies. This too is fully an d officially documented in the declarations of t he NAM Summits and
Ministerial Conferences, including th e Declarations of t he NAM Committee on Palestine, with
al l paragraphs of the larger declarations of the Movement and of the Committee on Palestinedrafted and negotiated and secured by t he delegation of Palestine to the UN in NY and
addressing al l aspects of the question o f Palestine, without exception. T h e same is applicable to
th e declarations and communiques adopted by t he OIC Group i n NY. Palestine is also a full
member of the ESCWA (Economic and Social Commission o f Western Asia) and represents th e
whole of the Palestinian people in this body.
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19 . Lastly, references to "citizenship" in connection with th e September initiative are misguided,
misplaced and dangerous. Again, this is about th e inalienable right of our people to self-
determination, independence an d freedom. The day after, barring any unforeseen miracle, there
will still be the Israeli occupation that w e must continue to strive to bring to an end and all the
core final status issues remain to be resolved, including th e plight of the refugees, Jerusalem, th e
settlements, borders, security, water and, I would add, the prisoners as well. Citizenship and
other related issues a re internal issues that will have to be dealt with by the leadership, b ut this isnot an issue to be at all dealt with at the UN in the context September initiative. Again, th e focus
o f this initiative is aimed at consecrating o u r right to be free and to have an independent State in
th e West Bank, including East Jerusalem, and the Gaza Strip based on the pre- June 1967
borders, i .e. the two-State solution, thus making these both unquestionable, recognized
worldwide, and inevitable.
2 0 . Furthermore, th e question o f "citizenship" in the State o f Palestine for any Palestinian th e world
over does not negate th e need for a just solution to the refugee issue. These tw o matters exist in
tandem and separately on their o w n merits. Further, as noted earlier, th e Palestine refugee issue
is also a regional issue an d cannot be so simply discarded following adoption o f a resolution
recognizing th e State in the pre-1967 territory o r upgrading Palestine to a non-member State int he UN system. These are all assumptions that have no substantive political or legal basis. In
this regard, a contemporary issue of can be easily referred to as an example: with regard to
Sudan. South Sudan's independence and admission as a full Member State in the UN in no way
abrogates th e rights of its refugees, an issue that must b e resolved among several other
"outstanding issues", including th e border issue, which must all be fully and justly resolved.
2 1 . Thus, whether th e two-State solution is achieved or not, in all circumstances, th e refugee issue is
a core political issue requiring just political solution. This is undeniable and would even be the
case in the event that this last ditch effort to achieve t he t wo- State solution fails and we are
forced to turn to other alternative solutions, such as the one-State, in which case w e would still
need to find a just an d internationally-supported (particularly in terms of any ultimatecompensation mechanism) solution for the plight of the Palestine refugees. Nothing about a
September initiative on Statehood would negate this and nor would it negate th e role and status
of the PLO so long as it is the decision of the people and their leadership to maintain it as the
sole legitimate representative of the Palestinian people, and that is indeed the current and long-
held position.
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