{"id":187664,"date":"2012-01-24T00:00:00","date_gmt":"2019-03-11T22:17:05","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=187664"},"modified":"2021-10-20T16:50:46","modified_gmt":"2021-10-20T20:50:46","slug":"auto-insert-187664","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-187664\/","title":{"rendered":"Mideast situation\/Palestinian question – SecCo Open debate – Verbatim record"},"content":{"rendered":"
Security Council<\/strong><\/span> <\/span><\/p><\/div>\n Sixty-seventh year<\/span> <\/span><\/p><\/div>\n <\/p><\/div>\n 6706<\/strong><\/span>th meeting<\/span> <\/span><\/p><\/div>\n Tuesday, 24 January 2012, 3 p.m.<\/span> <\/span><\/p><\/div>\n New York<\/span> <\/span><\/p><\/div>\n <\/p><\/div>\n <\/p>\n \n President<\/i><\/span>:<\/span> <\/span><\/p>\n<\/td>\n Mr. Ebrahim <\/span> <\/span><\/p>\n<\/td>\n (South Africa)<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n <\/p>\n<\/td>\n <\/p>\n<\/td>\n<\/tr>\n Members<\/i><\/span>:<\/span> <\/span><\/p>\n<\/td>\n Azerbaijan <\/span> <\/span><\/p>\n<\/td>\n Mr. Sharifov<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n China <\/span> <\/span><\/p>\n<\/td>\n Mr. Zhang Changwei<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Colombia <\/span> <\/span><\/p>\n<\/td>\n Mrs. Escorcia<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n France <\/span> <\/span><\/p>\n<\/td>\n Ms. Legendre<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Germany <\/span> <\/span><\/p>\n<\/td>\n Mr. Eick<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Guatemala <\/span> <\/span><\/p>\n<\/td>\n Mr. Briz Gutiérrez<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n India <\/span> <\/span><\/p>\n<\/td>\n Mr. Kumar<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Morocco <\/span> <\/span><\/p>\n<\/td>\n Mr. Erroja<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Pakistan <\/span> <\/span><\/p>\n<\/td>\n Mr. Tarar<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Portugal <\/span> <\/span><\/p>\n<\/td>\n Mr. Vaz Patto<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Russian Federation <\/span> <\/span><\/p>\n<\/td>\n Mr. Demin<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n Togo <\/span> <\/span><\/p>\n<\/td>\n Mr. Mbeou<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n United Kingdom of Great Britain and Northern Ireland <\/span> <\/span><\/p>\n<\/td>\n Mr. Day<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n <\/p>\n<\/td>\n United States of America <\/span> <\/span><\/p>\n<\/td>\n Ms. Finerty<\/span> <\/span><\/p>\n<\/td>\n<\/tr>\n<\/table>\n <\/p>\n <\/p><\/div>\n <\/p><\/div>\n <\/p><\/div>\n <\/p><\/div>\n \n <\/p><\/div>\n The President<\/strong>: Under rule 37 of the Council’s provisional rules of procedure I invite the representatives of Bahrain, Benin and the Bolivarian Republic of Venezuela to participate in this meeting. <\/p><\/div>\n I wish once again to remind all speakers to limit their statements to no more than four minutes in order to enable the Council to carry out its work expeditiously. <\/p><\/div>\n I now give the floor to the representative of Malaysia. <\/p><\/div>\n Mr. Haniff <\/strong>(Malaysia): Allow me first to congratulate you, Sir, on your presidency of the Council and to thank you for having convened this open debate on the situation in the Middle East. Secondly, my delegation wishes to align itself with the statement made by the representative of Egypt on behalf of the Non-Aligned Movement and with the statement to be delivered by the representative of Kazakhstan on behalf of the Organization of Islamic Cooperation. <\/p><\/div>\n It is with deep concern and growing frustration that we continue to endlessly address the situation in the Middle East, particularly the Palestinian-Israeli conflict. As we begin a new year, we neither do so in the expectation that we will make tangible progress in the peace process, nor do we anticipate that we will even take a step closer to our noble goal of achieving a solution. On the contrary, we begin this new year with a sense of pessimism that my delegation believes is certainly well founded and based on troubling developments on the ground. <\/p><\/div>\n Regrettably, Israel continues its expansion of illegal settlements in the West Bank and East Jerusalem, against all norms of international law and despite the condemnation of their illegal acts by the international community. With the number of housing units being built in the West Bank having grown to 1,850 in 2011, the expansion of illegal settlements since 2002 is taking place on an unprecedented scale. In East Jerusalem alone, the eventual construction of thousands of apartment units will almost certainly change the geopolitical realities on the ground. <\/p><\/div>\n In a report recently published by the Office for the Coordination of Humanitarian Affairs, since 1967 Israel has established about 150 settlements in the West Bank, including East Jerusalem. In addition to the unabated expansion of settlements, Palestinian structures and residences in both the West Bank and East Jerusalem are being demolished. It has been found that over 60 per cent of Palestinian structures demolished in 2011 were in areas allocated to settlements. Furthermore, a greater expansion of settlements has been accompanied by a corresponding increase in settler violence against Palestinians and their property, which has become more systemic rather than a rarity. <\/p><\/div>\n The result of these activities is the continued suffering of the Palestinian people. While morally wrong, the settlements are also illegal under international law as they violate article 49 of the Fourth Geneva Convention and run contrary to Israel’s obligations. In this connection, Malaysia supports the action taken by NAM to request Switzerland, in its capacity as depositary of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, to reconvene at the earliest opportunity a conference of the high contracting parties to the Fourth Geneva Convention for the purpose of upholding the obligations and responsibilities incumbent upon the high contracting parties in the occupied Palestinian territory, including East Jerusalem. This is in accordance with recommendations contained in General Assembly resolutions 64\/10 and 64\/254. <\/p><\/div>\n Thus far, the calls of the international community, including the United Nations, to stop these illegal activities continue to fall on deaf ears as Israel stays on its hastened path down the wrong side of history. This it does unapologetically and without an ounce of remorse, which begs the question: Does Israel have any obligations at all to begin with? <\/p><\/div>\n At this juncture, it goes without saying that Israel would need to halt illegal settlement activities that have resulted in great injustice to the Palestinian people. Illegal settlement activities have also time and again stalled peace talks. All sides must realize that, in order to achieve peace in Palestine and the Middle East, negotiations would need to begin in a spirit of sincerity, goodwill and trust. Obviously, this is not easy to accomplish, but, for a start, all parties should refrain from engaging in provocative actions that would certainly do more harm than good. <\/p><\/div>\n As the deadline set by the Quartet to come forward with comprehensive proposals on territory and security is upon us, Malaysia feels that the Security Council, serving as the custodian of international peace and security, must do its part to ensure that conditions are ripe for all parties to resume negotiations on finding a solution to the Palestinian-Israeli conflict. Malaysia is of the opinion that, if a fair and peaceful solution to the conflict is to be achieved, the onus to compromise and make way for negotiations does not fall on Palestine alone. Israel’s insistence that Palestine assume direct negotiations without any preconditions does not reflect Israel’s willingness to be fair and to be more accommodating to its future neighbour. <\/p><\/div>\n While my delegation speaks today with a sense of pessimism, make no mistake that we remain resolute in our commitment to finding a lasting two-State solution based on the 1967 borders, with East Jerusalem as the capital of Palestine, where both sides could live side by side in peace and taking into account the security concerns of both. It is our earnest desire to see future discussions on the issue take a different tone that is more positive and reflects substantial progress on the ground. The time for peace is now and we must not miss this opportunity. Prolonging the conflict will only create more problems and is not in anyone’s interest. <\/p><\/div>\n The President<\/strong>: I give the floor to the representative of Australia. <\/p><\/div>\n Ms. King<\/strong> (Australia): Allow me to congratulate you, Sir, on your country’s presidency of the Council this month, and to thank you for having convened this important debate at a critical time for the region. I should also like to thank Assistant Secretary-General Fernandez-Taranco for his briefing this morning. <\/p><\/div>\n One year on from the dramatic events in Tunisia, then Egypt, Libya and other countries in the Middle East, the outlook for the region is one both of encouraging progress and of situations of continuing concern. Australia will continue to actively support the historic process of democratic transition under way in the Middle East and North Africa. Elections are an important step in this process, including in Egypt, where strong participation rates in the country’s first elections in November last year underscored the will of the people to act on their legitimate aspirations to freedom and democracy. <\/p><\/div>\n During this period of profound political change in the Middle East, it is imperative for the future stability of the region that the Israeli-Palestinian conflict be resolved. The rapidly changing geopolitics of the region present a new opportunity for reaching an enduring peace agreement. However, if this opportunity is not seized and positive steps towards a conclusion of the peace process are not made soon, the prospects for a lasting settlement will become increasingly remote. <\/p><\/div>\n Australia has consistently supported a negotiated two-State solution that allows a secure Israel to live side by side with a secure and independent Palestinian State. As a friend of Israel, we recognize Israel’s legitimate security concerns, and as a friend of the Palestinian people we support the realization of their right to self-determination through their own State. <\/p><\/div>\n We commend the ongoing efforts of the Quartet to promote a resumption of direct negotiations. We also commend and have been encouraged by the efforts of Jordan, under the leadership of His Majesty King Abdullah, to bring the two parties together for the first time since late 2010. We also greatly welcome the recent activity of the Secretary-General in support of the peace process, including during his recent visit to Lebanon and through his forthcoming visit elsewhere in region, which are occurring at a critical juncture and provide all parties with an opportunity to advance the cause of peace. <\/p><\/div>\n We urge both sides to build on these initiatives and move forward to substantive negotiations urgently and without delay. To achieve this, both sides must demonstrate that they are serious about resuming negotiations in accordance with the Quartet’s statement of 23 September 2011, including by refraining from provocative actions that undermine the prospects for achieving a two-State solution. This includes the expansion of Israeli settlements and outposts in the West Bank and East Jerusalem, which the Australian Government has called on Israel to end. Violence of any kind targeting civilians must also cease. And, while we recognize Israel’s legitimate security concerns, more must be done to ease the humanitarian situation in Gaza. <\/p><\/div>\n We applaud the efforts of the Palestinian leadership in building the necessary economic and institutional base for statehood. Australia’s five-year funding plan of over $300 million is evidence of our strong support for this endeavour. Now it is clear that this institution-building must be matched by political progress towards peace on both sides. <\/p><\/div>\n We continue to support the work of the League of Arab States in assisting positive transformation in the Arab world. This includes its efforts to end the bloodshed in Syria. The continuing violence in Syria is appalling; since the violence began in March last year, the death toll has surpassed 5,000 according to estimates of the United Nations High Commissioner for Human Rights. We urge the Syrian regime to stop its brutality and to implement credible political reforms, including genuine dialogue with opposition groups, in accordance with the Arab League plan of action. And we urge members of the Security Council to discharge their responsibility to deal with the violence in Syria promptly and expeditiously. <\/p><\/div>\n To conclude, the Middle East remains a region confronted by both challenges and opportunities. We have common interests in securing durable peace and stability and in satisfying the legitimate aspirations of the people of the region for practical reform and economic opportunity. It is imperative that the Council, regional actors and other engaged members of the international community take urgent, positive steps towards realizing these goals. <\/p><\/div>\n The President<\/strong>: I give the floor to the representative of Japan. <\/p><\/div>\n Mr. Nishida<\/strong> (Japan): I thank you, Sir, for giving me the opportunity to address the Security Council on the situation in the Middle East. <\/p><\/div>\n Japan fully understands the earnest aspiration of Palestinians to build their own State and strongly supports a two-State solution, under which Israel and a future independent Palestinian State would live side by side in peace, security and mutual recognition. Japan supports the vision that the borders under a two-State solution should be defined through negotiations, based on the 1967 lines and with mutually agreed swaps, in a way that would achieve the peaceful coexistence of a viable Palestinian State and Israel, with secure and recognized borders. Such a two-State solution can be achieved only through sincere negotiations between the parties concerned. Japan firmly believes that both sides should do their utmost to conduct direct negotiations in line with the time frame set out by the Quartet. In that connection, Japan welcomes the meetings between Israel and the Palestinians held in Amman this month, and expresses its deepest respect for the efforts of Jordan and the Quartet in preparing for the meetings. Japan strongly expects that those meetings will lead to the early resumption of direct negotiations. <\/p><\/div>\n Japan does not recognize any measures that prejudge the outcome of final status negotiations, and calls upon both sides to refrain from any provocative actions in order to build mutual trust. Both parties must abide by their obligations under previous agreements. <\/p><\/div>\n Japan reiterates its strong call to Israel to immediately freeze its settlement activities in the West Bank and in East Jerusalem, which violate international law. At the same time, we call upon the Palestinian Authority to continue its efforts to improve security and fulfil its commitments to cease violence and work against incitement. <\/p><\/div>\n Japan has been supporting the efforts of the Palestinian Authority to establish statehood and is committed to continuously providing assistance in that regard. Japan is also keenly following Palestinian efforts to establish a unified Government. <\/p><\/div>\n Japan shares the serious concerns of the international community over the situation in Syria. Japan supports the initiative of the League of Arab States to bring about stability in Syria, and also hopes that the Security Council will act effectively. We deplore the continuing wide-scale use of force by the Syrian authorities in spite of the League’s deployment of the monitoring mission. We deem it important that the United Nations provide technical assistance to observers participating in the mission. Japan condemns the use of force by the Syrian authorities against civilians and reiterates its call to them to immediately halt such acts of violence, promptly carry out reforms and engage in dialogue with the Syrian people. <\/p><\/div>\n Tomorrow, Egypt will celebrate the first anniversary of its historic change. Japan welcomes the fact that the elections for the People’s Assembly were conducted without any major disorder. We are also pleased that Japan assisted in the conduct of elections by providing funding and sharing expertise. As the stability of Egypt is a linchpin for maintaining that of the entire region, Japan hopes that the political process will evolve in a peaceful manner and that economic and social reforms will lead to tangible results at an early stage. <\/p><\/div>\n The President<\/strong>: I now give the floor to Mr. Thomas Mayr-Harting, Head of the Delegation of the European Union to the United Nations. <\/p><\/div>\n Mr. Mayr-Harting<\/strong>: Thank you, Mr. President, for giving the floor to the European Union. <\/p><\/div>\n The acceding country Croatia, the candidate country Montenegro, the country of the Stabilization and Association Process and potential candidate Albania, as well as the Republic of Moldova, align themselves with this declaration. <\/p><\/div>\n Over the past few years, in these tri-monthly open debates of the Security Council on the situation in the Middle East, we have very often heard that the peace process was at a critical juncture and that decisive progress was needed now in order to finally turn the legitimate aspirations of the peoples of the region for peace, security and statehood into a reality. At the start of this new year, such calls from the international community are needed once again, now more than ever, to help both sides to this conflict to settle their differences and agree on the terms of a comprehensive solution. <\/p><\/div>\n The European Union welcomes and supports the efforts by Jordan to facilitate direct talks between the Israelis and the Palestinians as part of the Quartet process. The European Union calls on both parties to come forward with comprehensive proposals on borders and security, as envisaged in the Quartet statement of 23 September 2011 (see SG\/2178). A bold and decisive demonstration of political leadership is needed from both sides to maintain the momentum of the talks. As have others during this meeting, the European Union wishes to stress once again the central role of the Quartet in that context and express its full support for the ongoing Quartet process aimed at achieving an agreement between the parties by the end of 2012. <\/p><\/div>\n The Quartet statement issued on 23 September 2011 called on both parties to make substantial progress within six months and to reach an agreement by the end of 2012. In that vein, the High Representative of the European Union for Foreign Affairs and Security Policy, Baroness Catherine Ashton, hosted a meeting of Quartet envoys in Brussels on 9 October 2011 to launch the process. The Quartet envoys subsequently met the parties separately on 26 October, 14 November and 14 December 2011 in Jerusalem. Jordan then took the initiative to invite the Quartet and the parties to a joint meeting on 3 January. That meeting was a positive step, since it was the first one in the current context during which the parties met face to face. At that meeting, the parties agreed to further bilateral preparatory meetings under Jordanian auspices. <\/p><\/div>\n The European Union reaffirms its commitment to a two-State solution. The legitimacy of the State of Israel and the right of Palestinians to achieve statehood must never be called into question. The European Union reaffirms its clear positions on negotiations, with regard to parameters, principles and issues, including the conclusions of the European Union Foreign Affairs Council in December 2009, December 2010 and May, July and October 2011, as well as the conclusions adopted yesterday and the statement delivered on behalf of the European Union at the Security Council on 21 April 2011 (see S\/PV.6520). The European Union also reiterates its support for the Arab Peace Initiative. On its tenth anniversary, the Initiative deserves renewed attention. <\/p><\/div>\n The European Union underlines the urgency of finding a negotiated solution and urges the parties to refrain from actions that undermine the prospects for peace. The European Union calls on the parties to demonstrate their commitment to a peaceful solution and to the Quartet process by taking actions that can build confidence and create the environment of trust necessary to ensure meaningful negotiations leading to a comprehensive and lasting peace. <\/p><\/div>\n Developments on the ground play a crucial part in creating the context for successful negotiations. The European Union reiterates that settlements, the separation barrier, where built on occupied land, the demolition of homes and evictions are illegal under international law, constitute an obstacle to peace and threaten to make a two-State solution impossible. The European Union urges the Government of Israel to immediately end all settlement activity in East Jerusalem and the rest of the West Bank, including natural growth, and to dismantle all outposts erected since March 2001. <\/p><\/div>\n The European Union remains one of the major supporters of, and contributors to, the Palestinian institution- and State-building efforts led by President Abbas and Prime Minister Fayyad. The European Union remains dedicated to continuing its support to the Palestinian Authority’s successful State-building efforts, which have been acknowledged as a remarkable success. <\/p><\/div>\n The continuing financial difficulties of the Palestinian Authority risk jeopardizing the achievements made so far in institution-building. The European Union therefore underlines the necessity of providing predictable and further support to the Palestinian Authority and calls for equitable burden-sharing by the international donor community. The European Union has consistently called for intra-Palestinian reconciliation behind President Mahmoud Abbas as an important element for the unity of a future Palestinian State and for reaching a two-State solution. <\/p><\/div>\n As regards Gaza in particular, the European Union calls for the full implementation of resolution 1860 (2009), for the full respect of international humanitarian law and for an immediate, sustained and unconditional opening of crossings for the flow of humanitarian aid, commercial goods and persons to and from Gaza, including goods from the West Bank. In this context, the European Union expresses its concerns about the dismantling of the Karni crossing and repeats its calls for the full implementation of the 2005 Agreement on Movement and Access. <\/p><\/div>\n The European Union welcomed as a step forward the measures announced by the Israeli Government. However, more is needed. The European Union calls for full implementation and complementary measures in order to achieve a fundamental change of policy that allows for the reconstruction and economic recovery of Gaza, including through exports. The European Union has offered its assistance in achieving that objective. The European Union calls for a solution addressing Israel’s legitimate security concerns. The EU wholeheartedly condemns any actions in which civilians are hurt or killed. <\/p><\/div>\n In conclusion, regarding Syria, the European Union remains deeply concerned about the deteriorating situation in the country and the widespread and systematic violations of human rights perpetrated by the Syrian authorities against their people, which may amount to crimes against humanity. The European Union calls for an immediate end to the violence, is particularly concerned by the recent escalation of violence, and reiterates its condemnation in the strongest terms of the brutal crackdown by the Syrian Government, which risks exacerbating still further the spiral of violence, sectarian clashes and militarization. President Al-Assad must step aside immediately to allow for a peaceful and democratic transition. <\/p><\/div>\n The European Union recalls its support to the League of Arab States’ efforts to end the cycle of violence in Syria and to the deployment of its monitoring mission. The EU welcomes the decision of the United Nations to provide assistance to the League of Arab States observer missions. It condemns the attacks on the League of Arab States missions monitors. The Syrian authorities have a responsibility to protect the observers in their country. The European Union is deeply concerned by the Syrian authorities’ lack of cooperation and urges them to fully comply with their commitments under the League of Arab States action plan to completely stop acts of violence against civilians, free political detainees, remove troops, tanks and weapons from cities, and allow independent observers and the media to travel in and report on Syria. <\/p><\/div>\n The European Union urges all members of the Security Council to uphold their responsibilities to end the violence against the Syrian population and support the Syrian people in their legitimate desire for freedom and political rights. In this regard, the European Union will continue to engage with representative members of the Syrian opposition, such as the Syrian National Council, which adhere to non-violence, inclusiveness and democratic values. <\/p><\/div>\n The President<\/strong>: I now give the floor to the representative of Turkey. <\/p><\/div>\n Mr. Müftüoğlu<\/strong> (Turkey): We listened to the briefing by Assistant Secretary-General Oscar Fernandez-Taranco with great interest. The Middle East has always been a conflict-prone area throughout its history. The region is undergoing a structural reformulation. The issue is by no means confined to the region; there are repercussions on a wider scale. It is time that we, the nations of the world, assume our individual and collective roles to effectively address the challenges ahead. <\/p><\/div>\n Last week, the Security Council was briefed on the humanitarian situation in the occupied Palestinian territories. That briefing can be interpreted as another call on the international community to immediately address the Arab-Israeli conflict. The illegal blockade of Gaza is still in force. Our memories of Israel’s deadly military operation against a civilian humanitarian aid campaign on the high seas are still fresh. We sadly note the increase in settlement activities and settler violence against Palestinians. Those remain a major obstacle to the resumption of direct negotiations between the parties. Furthermore, they seriously endanger the vision of a two-State solution. <\/p><\/div>\n We therefore call on the Israeli Government to abide by international law and fulfil its responsibilities to the international community. In any case, resort to violence by any party cannot be tolerated as a means to resolve existing disputes. The cornerstone of a just, lasting and comprehensive peace in the Middle East is the settlement of the Arab-Israeli conflict. The Palestinian people must as soon as possible be able to fully exercise their inalienable rights in accordance with numerous United Nations resolutions, the Madrid principles, the road map and the Arab Peace Initiative. An independent Palestine should be recognized, with East Jerusalem as its capital, living side by side with Israel in peace. <\/p><\/div>\n Last fall, we welcomed the membership of Palestine in UNESCO. We also wholeheartedly support the Palestinian application for United Nations membership, submitted by President Abbas on 23 September 2011. The international community should encourage the struggle for the long-overdue and well-deserved right to statehood of the Palestinian people. <\/p><\/div>\n We welcome the recent meetings between Palestinian and Israeli representatives in Amman. We call on both parties to conduct the meetings in good faith, aiming for concrete advances towards a just and comprehensive settlement. In the meantime, steps towards national reconciliation in Palestine are of vital importance. We praise the efforts of President Abbas and the Palestinian representatives in that regard. We call on all members of the international community to support the process without prejudice. <\/p><\/div>\n The Palestinian people will prove that, given viable circumstances, they are capable of performing as a promising political and economic entity in the region. We therefore call on the international community to strengthen its support for the development, reconstruction and humanitarian projects in Palestine. The emergency appeal last week by the United Nations Relief and Works Agency for Palestine Refugees in the Near East for funding for that noble cause rightfully deserves our attention. <\/p><\/div>\n We wish to highlight yet again that the times ahead will require us to be even more vigilant. The Middle East is going through a transition that will have inevitable repercussions on a wider scale. We should identify the challenges accurately and set our priorities correctly. We cannot and should not let the prolonged dispute divert the path of people in search of a bright and secure future. The Israeli-Palestinian question is very critical to that path. <\/p><\/div>\n The President<\/strong>: I now give the floor to His Excellency Mr. Abdou Salam Diallo, Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People. <\/p><\/div>\n Mr. Diallo<\/strong> (spoke in French<\/i>): On behalf of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I should like to warmly congratulate you, Sir, on your assumption of the presidency of the Council for the month of January and to wish you every success in your endeavours. I am deeply indebted to you and to your colleagues on the Council for giving our Committee the opportunity to address the Council in today’s deliberations, which again raise the alarm regarding increased Israeli settlement activity in the occupied Palestinian territory, including East Jerusalem. <\/p><\/div>\n Our Committee reiterates its concern at the Israeli Government’s headlong pursuit of this illegal policy, which deliberately undermines the Promethean vision of two States, Israel and Palestine, living side by side in peace and security within secure and internationally recognized borders. The settlements, which have been sheltered for too long behind a culture of impunity, are violating the laws of occupation, the resolutions of the Security Council and the road map. In practice, they preclude the two-State solution and pose a threat to international peace and security. <\/p><\/div>\n To date, the Council has failed to fully assume its responsibility and to take the necessary decisions — unlike most of its members and those of the regional groups, which last month strongly condemned the Jewish settlement activity. The Committee shares their feelings of exasperation and urges the Security Council to take strong measures to safeguard the two-State solution before it is too late, in order to limit, if not to avert, the unforeseeable consequences of a terrible tragedy that has nonetheless been predicted. <\/p><\/div>\n The Council must realize that its credibility is at stake, since, when the legal avenues for a resolution of such an untenable situation are barred, peace and security are everywhere imperilled. Under the present circumstances, the signatories to the Fourth Geneva Convention must take a firm stance and convene the conference of the high-contracting parties, as should have been done long ago. That means that the only possible lasting solution is one that would result from the full application of international law, including the relevant Security Council resolutions. <\/p><\/div>\n In that spirit, it should be noted, neither with displeasure nor with wide-eyed optimism, that there has been some movement towards peace, although tentative as yet, based on the recent preliminary meetings between the Israeli and Palestinian negotiators in Amman, under Jordanian auspices. We cherish the hope that they will pave the way for credible peace negotiations focusing on the two-State solution and based on the 1967 borders. <\/p><\/div>\n It is therefore important that the Quartet and its regional partners remain firmly committed by inviting the parties, including first and foremost Israel, to meet the existing commitments. We solemnly call on the stakeholders to make a salutary return to the negotiating table on the basis of clear criteria guaranteed by the Quartet. In that regard, we have not forgotten that such a resumption of negotiations should be supported by confidence-building measures on the ground, including an end to acts of violence, the lifting of the blockade on Gaza, the removal of the checkpoints and the release of Palestinian prisoners. <\/p><\/div>\n As the 26 January deadline set by the Quartet approaches, we note that the Palestinian party has submitted detailed border and security proposals. We hope that Israel will do the same in order to demonstrate an equal commitment to a resolution of the conflict. <\/p><\/div>\n The Committee remains concerned by the current impasse in the Security Council with regard to Palestine’s application for membership in the United Nations. We call on the Council and the General Assembly to fulfil their responsibilities in that regard, and reiterate the appeal for countries that have not yet recognized the State of Palestine to do so. The Committee also takes this opportunity to welcome the recent progress in the Palestinian reconciliation process centred on the Palestine Liberation Organization platform. <\/p><\/div>\n In conclusion, we urge the Council to take decisive action to bring an end to the settlement activity and commence their dismantlement, while the two-State solution is still possible. For its part, the Committee will continue to contribute constructively to the achievement of that goal, which requires only that the commitments made be translated into clear and unequivocal action. <\/p><\/div>\n The President<\/strong>: I now give the floor to the representative of Indonesia. <\/p><\/div>\n Mr. Percaya <\/strong>(Indonesia): As this is my first appearance before the Council in my capacity as the new Indonesian Permanent Representative, I would like to congratulate South Africa on its presidency for the month of January and to wish the members of the Council, especially those that have joined this month as elected members, every success in their endeavours. I would also like to extend my sincere appreciation to the members of the Security Council for convening this open debate on the situation in the Middle East, including the Palestinian question. My deep appreciation also goes to Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco for his briefing on such an important issue. <\/p><\/div>\n My delegation associates itself with the statements delivered by the Permanent Representatives of Kazakhstan and Egypt on behalf of the Organization of Islamic Cooperation and the Non-Aligned Movement, respectively. <\/p><\/div>\n The issue of Palestine is very dear to the people and Government of Indonesia. We are deeply concerned about the absence of progress in the peace process between Israel and Palestine. The 26 January deadline established by the Quartet for both parties to resume direct negotiations will arrive this week, with that goal nowhere in sight. Israel’s continued illegal settlement activity in the occupied Palestinian territories, including East Jerusalem, is not only a grave violation of international law, but also a stumbling block in that respect. The January report of the Office for the Coordination of Humanitarian Affairs on the humanitarian impact of Israeli settlement policies succinctly demonstrates the grave danger that the settlement question poses, not just to the prospect of peace in the Middle East but even for progress towards the resumption of negotiations. <\/p><\/div>\n Continuing settlement construction, expansion and encroachment on Palestinian land is an integral part of the ongoing fragmentation of the West Bank, including the isolation of East Jerusalem. As we know, Israel has also continued its illegal construction of the separation wall in the West Bank, including in and around occupied East Jerusalem, in defiance of the advisory opinion of the International Court of Justice. <\/p><\/div>\n Perhaps it is not surprising, therefore, that Israel maintains the same kind of control in the Gaza Strip, where its blockade continues to hinder the movement of people and goods. The blockade is responsible not only for the terrible humanitarian situation there, but also for even deeper unemployment and a shrinking of private sector businesses, as many of them continue to shut down. <\/p><\/div>\n Despite all of that, indeed because of it, my delegation is still hopeful about the resumption of negotiations between the Israelis and the Palestinians under the guidelines outlined by the Quartet in its statement of 23 September (see SG\/2178). Indonesia therefore calls upon the Quartet and the parties to ensure that everything is done to minimize every delay and eliminate every hurdle. <\/p><\/div>\n We urge Israel to demonstrate good faith by not placing insurmountable obstacles, such as we now have in its settlement policy, on the path of peace. A resolution of the conflict will not be easy, and nobody should expect it to be. The core final status issues — borders, water, security, refugees, settlements and Jerusalem — pose considerable challenges, but they are not insurmountable. <\/p><\/div>\n It remains our view that the road to peace lies in confronting the issues, not in avoiding or complicating them. To that end, true leadership and courage are required. <\/p><\/div>\n Indonesia reiterates its support for the two-State solution, namely, Israel and a viable and independent Palestine, with East Jerusalem as its capital, living side by side in peace and security on the basis of the principle of land for peace and a just and comprehensive regional peace consistent with Security Council resolutions, the road map of the Quartet and the Arab Peace Initiative. <\/p><\/div>\n Let me also stress that a truly comprehensive and lasting peace in the Middle East also demands a viable resolution of the Israel-Lebanon and Israel-Syria tracks. Israel therefore has to withdraw completely from the remaining Lebanese occupied land, as well as from the occupied Syrian Golan. <\/p><\/div>\n Finally, Indonesia wishes to reiterate its support for Palestine’s application for membership in the United Nations, which was submitted on 23 September 2011. <\/p><\/div>\n Prince Zeid Ra’ad Zeid Al-Hussein <\/strong>(Jordan): In the debate held in the Security Council under this item last year, my delegation described in some detail the law applicable to the occupied Palestinian territories, including East Jerusalem, as confirmed previously by the decisions of the Council and by the 2004 advisory opinion of the International Court of Justice. <\/p><\/div>\n We wish to summarize our principal point briefly again today: the applicable law in respect of the exercise by Israel of military control over the occupied Palestinian territories is not Israeli law, nor whatever domestic law Israel sees fit to impose there, but international humanitarian law applicable to all high contracting parties, as well as obligations that are erga omnes. Israel’s administrative and military regulations, insofar as the West Bank is concerned, can be lawful only if they are utterly consistent with the Fourth Geneva Convention and its control guided strictly by its obligations as the occupying Power. <\/p><\/div>\n The position of the International Court of Justice on this very last point is unambiguous. It maintained, in paragraph 78 of its 2004 opinion on the Legal Consequences of the construction of a wall in the occupied Palestinian territory<\/i>, that: <\/p><\/div>\n It is also merits noting that there are no territorial exceptions to that finding: all the territory of the West Bank, as described by the Court, is considered “occupied”. A closer reading of Security Council resolution 242 (1967) also bears this point out, as we explained before the International Court of Justice on 24 February 2004. In his oral submission, the late Sir Arthur Watts, Q.C, Counsel for Jordan, noted how resolution 242 (1967) <\/p><\/div>\n It is also perhaps worth our recalling how, in negotiating the draft for what became resolution 242 (1967), the understanding reached between the principal interlocutors was for a withdrawal from all non-Israeli territory, with only minor reciprocal border rectifications. <\/p><\/div>\n For decades Israel has been settling on territory which does not belong to it, against the wishes of the Palestinian people, to whom the territory does belong and for whom freedom from military occupation is long overdue. Is it right that their suffering — as highlighted again in the most recent report of the Office for the Coordination of Humanitarian Affairs focusing on the humanitarian impact of the settlements policy — draws from us, the international community, year after year, only the thinnest response, best encapsulated by the word “noted”? <\/p><\/div>\n It is deeply regrettable how in recent years the Security Council has proved itself unable to adopt a position on the issue of settlements. The transfer by the occupying Power of parts of its own population into the territory it occupies represents a clear and continuing serious violation of the laws and customs applicable in international armed conflict as codified by article 49 of the Fourth Geneva Convention and which is defined as a criminal act in article 8(2)(b)(viii) of the Rome Statute. <\/p><\/div>\n After all, the Council is obliged, under the terms of Articles 24, paragraph 2, and Article 1, paragraph 1, of the United Nations Charter — articles which necessarily go together — to act in accordance with the purposes of the Charter, and one of those purposes is “the principles of justice and international law”. <\/p><\/div>\n How can the exercise of the veto by a permanent member on the basis of Article 27, paragraph 3, of the Charter, in respect of the Israeli settlements being built in the occupied Palestinian territories, fit in with the two other Articles of the Charter I just mentioned: Article 24, paragraph 2, and Article 1, paragraph 1? Are we comfortable with the fact that some of the permanent members can, by their actions, make the Council seemingly bypass the principles of justice and international law? The argument is, of course, applicable not just to transfer and settlement-building, but also to other serious violations of international law and international criminal law, and not just restricted to the consideration of Israeli conduct, but also to the conduct of others in our immediate neighbourhood within the Middle East. Can the veto be used or threatened like this, so unrestrictedly, when the violations are so serious? And why should, in any case, Article 27, paragraph 3, eclipse in importance Article 24, paragraph 2, and Article 1, paragraph 1? <\/p><\/div>\n All of this is lamentable, I am afraid. It is small wonder that, when I served with the United Nations in the Balkans in the early 1990s, the Council and its actions seemed on many occasions to us to be so distant from the bloody events unfolding before us there. <\/p><\/div>\n The actions of the Israeli settler movement in the occupied Palestinian territories must, for obvious reasons, now stop, and the deep suffering of the Palestinian people must be brought to an end through the establishment of their own State on the basis of the 4 June 1967 borders, with East Jerusalem as its capital, living side by side with Israel in peace and security. <\/p><\/div>\n The Israelis will on occasion say to us that resolving the conflict is less a matter of law than of psychology, and, given the rhythms and the very real, catastrophic traumas of Jewish historical experience, they are cautious about placing their trust in anybody, let alone, they say, in us, the Arabs. And perhaps, we must concede, we could have done more to better understand that point, done more to develop greater trust by, inter alia, better explaining the terms of the Arab Peace Initiative to the Israeli public. On the other hand, the actions of States must also be guided by customary international law, which the Council itself must uphold and not undermine. Moreover, our deep opposition to the policy of settlement-building and our repeated condemnation of it, which we reiterate today, is not founded on some form of genetically based enmity or bigotry towards the Jewish people, and any assertion of that is thoroughly distasteful to us, for it is simply not true. <\/p><\/div>\n What it is built on is a continuing, three-decade-long violation of international humanitarian law, confirmed by the International Court of Justice in its advisory opinion of 2004 and understood as such by the vast majority of States existing in the world today. <\/p><\/div>\n Finally, the exploratory talks currently under way in Jordan are not inconsistent with the law; far from it. The key, as most of us know, to the resolution of the settlements issue politically relies on the formulation of an early agreement on the border rectifications, on the basis of the interpretation just mentioned in my statement. We hope that there will be a positive outcome in this regard soon, opening the way for the much-needed final status negotiations, which will ultimately lead to freedom, security and peace. <\/p><\/div>\n The President<\/strong>: <\/strong>I now give the floor to the representative of Bangladesh. <\/p><\/div>\n Mr. Momen<\/strong> (Bangladesh): I begin by thanking your country, South Africa, and you personally, Mr. President, for steering this important open debate on the situation in the Middle East. I convey our appreciation to Assistant Secretary-General for Political Affairs Mr. Oscar Fernandez-Taranco for his briefing this morning. We are also grateful to His Excellency Mr. Ebrahim Ismail Ebrahim, Deputy Minister of International Relations and Cooperation of South Africa, for his presence in chairing the meeting and delivering a statement. <\/p><\/div>\n\n
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