Yangon Model United Nations, 2016 | VII Annual Session
Forum:
The Security Council
Issue:
The Palestinian Statehood
Student Officer: Ratna Adhikari
Position:
Chair
Introduction
Till 1948, Palestine was a common name of the region between the Mediterranean Sea and the
Jordan River. After the termination of the British Mandate, which began in 1992 where the United Kingdom received Palestine under a Mandate, the partition of Palestine and creation of Israel lead to the Israeli-Palestinian conflict with land disputes.
As a proposed solution to the conflict, the creation of an independent Palestine and Israel still
remains controversial. And with failed efforts to achieve the full UN membership, Palestine was only given a non-member state status at the General Assembly. The failed efforts were contributed to that fact
that peace negotiations with Israel remain stalled and the cease-fire between Israeli forces and the
Hamas movement.
The effect of the new status could not only trigger diplomatic and finial retribution from the United
Sates and Israel but also undercut the formal peace process and create unrest. The major issues in relation to the Palestine Statehood include the mutual recognition, border, control of Jerusalem, Palestinian
freedom of movement, Palestinian right to return, security and water rights. The violence of the conflict
has brought the attention of the Human rights council, and become a tourism hamper, which greatly affects the economy of the region.
Definition of Key Terms
A non-member state status
The United Nations grants entities the status to welcome international agencies and provide the right to
speak at the Untied Nations General Assembly meetings, but these entities are not allowed to vote on
resolutions.
Right to return
The legal right guaranteed by the Universal Declaration of Human Rights for individual to go back to his/
her country. However, the term “country” in this issue has to be further defined, with whether it refs to the
individual’s place of birth or that state individual’s ethnicity is associated.
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History
The proposal for the partition of Palestine
The UN passed the “United Nations General Assembly Resolution 181 (II) Future Government of
Palestine” as a proposed Partition Plan, which recommended the creation of independent Arab and Jewish States and Special International Regime for the City of Jerusalem under the UN administration in the
Jerusalem-Bethlehem area.
First Arab-Israeli War (1948), The Six Day War (1967), and the 1973 War
Though the Jewish leader accepted the partition plan, the Arab leaders rejected it and the
Arab league threatened to take military measures to prevent the partition of Palestine to ensure
national rights of the Arab population. Arab leaders and governments argued that any form of territorial division violated principles of national self-determination in the UN charter. Immediately
after adoption of the Resolution by the GA, a civil war broke out. Israel declared its independence
within the borders of the Jewish state set out in the plan, and the Arab countries declared war on
the newly formed State of Israel, beginning the 1948 Arab-Israeli War.
After the war, the Armistice Agreements established the separation lines to be such that
Israel controlled some areas designated for the Arab state under the Partition Plan, as the Arabs
considered that Israel was restricted in its rights in exploitation of the water resources, Transjordan controlled the West Bank and East Jerusalem, and Egypt controlled the Gaza Strip. The
agreements were intended to serve as interim agreements until replaced by permanent peace
treaties, and after the 1967 Six Day War, Israeli leaders argued gains turning the Armistice Demarcation lines into borders on the grounds of Israeli security.
During the six day war fought in 1967, Israel seized control of the Gaza strip and Sinai
Peninsular from Egypt, the West Bank and East Jerusalem from Jordan, and the Golan Heights
from Syria. The UN Security council adopted Resolution 242, the “land for peace” formula, which
called for Israeli withdrawal “from territories occupied”. However, in October 1973, war broke out
again between the steps and a ceasefire was achieved with the UN resolution 339, and peacekeepers were deployed from the Egyptian front until Israel and Egypt concluded a peace treaty in
1979. UN peacekeepers remain deployed in the Golan Heights.
Rise of the Palestine Liberation Organisation
The Arab League recognised the Palestine Liberation organisation (PLO) as the sole representative of the Palestine people and the West Bank, and gained observer status at the UN
General Assembly by a vote of 253 in favour 46 against and 10 abstentions. In 1998, the Palestinian National council of the PLO approved the Palestinian Declaration of Independence in Algiers, Tunisia, which proclaims, a “State of Palestine on our Palestinian territory with its capital
Jerusalem,” though it does not determine exact orders and asserts that U.N. Resolution 181 supports the rights of Palestinians and Palestine. At the time, Jerusalem was under Isreali control
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and claimed by it a Israel’s capital and thus The PLO also called for multilateral negotiations by
the UN.
The Peace Process
The Oslo Accords
In 1993, the Oslo Accords, the first agreement between Israeli government and the PLO,
were signed to provide a framework for future relations. The Palestinian National Authority (PNA)
was created for administration of the touristy and the Accords called for the withdrawal of Israeli
forces from the parts of the Gaza Strip and West Bank. However, with the assignation of Yitzhak
Rabin, Israeli Prime Minister and signer of the Oslo Accords, in November 1995, the implementation of suffered setbacks. Since 1995, several peace summits and proposals, including the Camp
David Summit (2000), Taba Summit (2001), the Road Map for Peace (2002), and the Arab Peace
Initiative (2002 and 2007), have attempted to broker a solution without success.
Drive for recognition of Palestinian statehood
In a speech on September 16, 2011, Mahmoud Abbas, President of the PNA, introduced
his intention to request for recognition of statehood from the United Nations General Assembly
and Security Council. On September 23, 2011, he delivered the official application for recognition
of a Palestinian State to the United Nations Secretary General. However, negotiations are ongoing.
Key Issues
Palestinian rights
Right to a Palestinian state
Some legal scholars dismiss the right for statehood as Palestine lacks a legitimate sovereign and there is little doubt that Palestine will emerge from the ongoing peace process as a
nation, statehood has not been established. This suggests that Palestine does not satisfy the four
criteria of statehood outlined in the 1933 Montevideo Convention, which are a permanent population, a defined territory, a government, and the capacity to enter into relations with other states.
However, the State of Palestine already exists, and as judged by the Montevideo Convention criteria, its legal footing as strong as that of Israel’s. The view holds that the development of a democratically elected Palestinian government, which has the approval of the international community, exercises effective control. Also, the International Court of Justice has reaffirmed the right of
the Palestinian people to self-determination and the prohibited under against territorial acquisitions by war.
Palestinian refugees’ right to return
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As a result of the 1948 Arab-Israeli war, an estimation of 711,000 Palestinians fled or were
expelled from Israel. The right t return is a political and moral concept holding great importance
for the Palestinians with the right of self-determination. The Palestinian refugees descendants as
of 2010 are estimated to be of 4.7 million. Citing the UN Resolution 194 and Universal Declaration of Human Rights, Palestinian negotiators insist the refuges the right to return to the places
they lived before 1948 and 1967. The Arab states argue that the Palestinians fled to escape the
war, while Palestinian’s believe the refugees were expelled and dispossessed by Jewish militias
and the Israeli army.
Palestinian rights Israeli presence in the West Bank, East Jerusalem and Gaza
The borders of Jerusalem
The border of Jerusalem is a delicate issue with Judaism, Christianity, and Islam asserting
claims over the city as it is considered an important site for their religious and historical narratives. Israel arrests that the whole city should remain within Israel’s political control, while Palestine claims those city sections there were not of Israel’s prior to June 1987.
Other Territories
The West Bank and the Gaza Strip continue to be considered Occupied Palestinian Territory by the international community, notwithstanding the 1988 Declaration of Palestinian Independence, the 1993 Oslo Accords, and Israel’s withdrawal from Gaza as part of the 2005 Israeli
unilateral disengagement plan. However, the Israeli government calls the areas to be Disputed
Territories, and argues so as no nation had neither clear rights nor operative diplomatic arrangement when Israel acquired them in June 1967. However, the Palestinians claim they are entitled
to all of the West Bank, Gaza Strip, and East Jerusalem. In negotiations, Palestine claims that
any reduction would be depriving Palestine of its rights while Israel considers the negotiations to
define the final borders
Major Parties Involved and Their Views
Israel
Israel’s right to exist remains a point of contention with many Arabs as the Israelis argue that continued presence of the Jews in the area for over three millennia and deep religious relationships with the
Land of Israel provide Jews a right to claim the land. Furthermore, its decision to build settlements in
lands during the 1967 war further complicated the conflict.
Palestinian Authority
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The PA was created by the Oslo Accords, and is the governing body of the Palestine
people. Due to corruption and political infighting, the PA has failed to become a stable negotiating
partner and with the new militant Hamas movement, the Palestinian politics have become violent
as Hamas seized control of the Gaza Strip from the Abbas government in 2007.
Egypt
Egypt and Israel had been fierce adversities until 1978, but peace between the two countries has withstood challenges.
Jordan
Israel and Jordan have enjoyed peaceful relations since 1994 peace treaty, and it
renounced its land of the West Bank in 1867. However, it hosts nearly 2 million Palestinian
refugees.
Lebanon
Lebanon’s groups bent in limiting the Israeli state, and with that Israel has set its
assailants into the Lebanese territory including a major invasion in 1982.
Syria
It has fought three wars against Israel and diplomacy has consistently failed as Syria has never
recognised the Sate of Israel.
Iran
Iran supports of Palestine militant group as it fears that Israel may attack Iran.
United States
Israel has been received foreign aid from the US as it is the closes ally in the oil-rich area,
and shares intelligence and military technology.
Russia
Though one of the first nations to recognise Israel, Russia aligned with Arab
nationalist regimes and lent support to Palestinian militants.
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France
Although it provided Israel with nuclear assistance and remained the nation's primary
weapons supplier until the 1967 War, after the 2006 Lebanon war, French peacekeepers played a
significant role in enforcing a cease-fire.
Timeline of Relevant Resolutions, Treaties and Events
Date
Description of event
November 1974
UN grants PLO an observer status.
September 1978
Israel and Egypt sign the Camp David Accord.
September, 1993
Oslo declaration of principles, where PLO and Israel recognise each other.
November 2007
George Bush hosted peace talks between Palestine and Israel at Annapolis.
Evaluation of Previous Attempts to Resolve the Issue
The Oslo Peace Accords have not brought peace to the region, while the number of terrorist attack greatly increased after Oslo, and the PA has consistently violated the aspects of the agreement.
Furthermore, the PLO’s Charter still calls for the destruction of the State of Israel and Fatah constitution
o the PA also calls for the destruction of the Jewish Sate in most of its clauses. Furthermore, if major solution to recognise Palestine as a state has different consequences.
Firstly, the State would allow a fair means for Palestine and Israel to present for their own interests, as
Palestine will be allowed to fully participate in most international organisations, including the UN and
the ICJ. The diplomatic relations with other Sates could also improve and strength its trade and cultural
ties. In addition, the Statehood opens economic opportunities such as oil and gas fields in the Gaza’s
waters and the development on these fields could be made through transparent measures, and accessed revenue could used to reduce energy-dependency on Israel. Possible Solutions
One of the primary means to promote peace between nations is the education system, and as
the conflict focuses mainly on two nations, the education systems in the nations can be improved upon.
In Israeli high-schools, Arabic is taught as a required language and the course emphasises on the need
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for peaceful relationships with its neighbour, while the PA schools portal portray Jews and Israelis to be
derogatory. Such education system does not allow long-term development of relationships.
Bibliography
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<http://www.infoplease.com/world/countries/israel-palestine-conflict/glossary.html>.
"Palestinian Statehood - The Pros and Cons." N.p., n.d. Web. <http://www.huffingtonpost.co.uk/rosylnfuller/palestinian-statehood-the_b_978245.html>.
"Palestinian Statehood at the UN." N.p., n.d. Web. <http://www.cfr.org/palestine/palestinian-statehoodun/p25954#p4>.
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