A tale of two embassies and the ‘ultimate deal’

First published in the Arab Weekly on 3/12/2017

The continuing discussions on moving the US Embassy to Jerusalem raise serious doubts with the Palestinians.

 Risks ahead. The exterior of the US Embassy building in Tel Aviv. (AFP)

US Vice-President Mike Pence recently confirmed that “President Donald Trump is actively considering when and how to move the American Embassy from Tel Aviv to Jerusa­lem.”

Pence raised the contentious issue at a gathering to commemo­rate the 70th anniversary of UN Resolution 181, which called for the partition of British Mandate Palestine into Jewish and Arab states.

Pence said the Jewish people “deserve their eternal homeland” and spoke of their right “to be the masters of their own fate like all sovereign nations” but he made no reference to the Palestinian people or to their right to self-determination in their historic homeland.

The US vice-president chose this key anniversary in the conflict because it would imply recognition of Jerusalem as the capital of Israel, as the Israelis attach great significance to such a move. While Israel sees Jerusalem as its “united eternal capital,” this is not recognised by any country, which explains the reason why all embassies are in Tel Aviv. Some countries, including the United States, the United Kingdom and France, have consulates in East Jerusalem that conduct diplo­matic and consular services for the Palestinians.

During the 2016 campaign, Trump made an explicit promise regarding the embassy move. He said during a conference of the American Israel Public Affairs Committee: “We will move the American Embassy to the eternal capital of the Jewish people, Jeru­salem.” However, when provided with the opportunity to put the proposed move into action last June, he decided not to. He did this by a waiver that delays for six months implementing the move.

Trump followed in the footsteps of Bill Clinton, George W. Bush and Barack Obama, who signed similar waivers since both houses of Congress passed the Jerusalem Embassy Act of 1995 with over­whelming majorities.

Trump’s action disappointed the Israeli government. The White House explained that while “Pres­ident Donald J. Trump signed the waiver under the Jerusalem Embassy Act and delayed moving the US Embassy in Israel from Tel Aviv to Jerusalem, no one should consider this step to be in any way a retreat from the president’s strong support for Israel and for the United States-Israel alliance.”

The continuing discussions on moving the US Embassy raise serious doubts with the Palestin­ians as to whether the US admin­istration is pursuing policies that lack the neutrality required of an honest broker. Trump’s team members are known for their support for Israel and its settle­ment enterprise, which calls into question their ability to formulate a peace deal that could meet the minimum Palestinian demand.

The status of another embassy or mission has raised alarm with the Palestinians, that of its own Palestine Liberation Organisa­tion (PLO) representative office in Washington. In recent weeks, the head of mission, Husam Zomlot, on whom the PLO has bestowed the title of ambassador to the United States, received a letter from the US State Department informing him the office would be shut down unless the PLO enters “direct, meaningful negotiations with Israel.”

However, it seems the real rea­son for the move was to extract from Palestinian Authority (PA) President Mahmoud Abbas a promise that he would not pursue Israeli leaders in the Interna­tional Criminal Court (ICC). The PA started the process that the Trump administration said would breach conditions imposed by Congress that prohibited the PLO from taking a case to the ICC.

Initially, the PLO reacted angrily, describing the move as “extortion” and accusing the Trump administration of bowing to pressure from the Israeli gov­ernment. It threatened to cut off communication with the Trump administration. However, Abbas later pledged not to take steps to prosecute Israeli officials in inter­national courts. It appears that this led to the Americans renew­ing the licence for the PLO office on condition the PA begin uncon­ditional talks with Israel and does not take steps to prosecute Israeli officials in international courts.

It can be argued that the US ad­ministration is delaying the move of its embassy in Israel to Jerusa­lem to pressure Israel to engage in the peace process and equally the threat to close the Palestinian office in Washington to pressure the Palestinians to do the same in pursuit of the “ultimate deal.”

Israel will pay no price for the delay, however, while the Pal­estinians will pay a heavy price to keep their Washington office open: It will cost them their trump card of being able to pur­sue Israeli leaders in the ICC.

Palestinians should put more focus on their case internationally

First published by the Arab Weekly in 12/11/2017

The PLO should join more international bodies and conventions and use these to pressure Israel back to the negotiating table.

If it is to make progress to­wards realising its people’s legitimate right to self-deter­mination in their homeland, the Palestinian leadership needs to take stock and weigh its options.

The Palestinians should be under no illusion that the so-called deal of the century US President Donald Trump’s advisers are work­ing on will be made in Tel Aviv, not Washington or Ramallah. It will be a deal of the century designed to strengthen Israel’s hold on the land from the river to the sea. It will not be based on respect or adherence to international law and will not deliver an independent Palestinian state based on the 1967 borders with East Jerusalem as its capital, the minimum the Palestin­ians would accept as a resolution to the conflict.

It will certainly not include a return of Palestinian refugees to their homes. This will make a deal impossible to accept. The reper­cussions would be disastrous for the Palestinians as they will once again be blamed for the failure.

It would be disastrous for the Palestinian leadership to wait for the above scenario to materialise. It must set its own agenda and make rapid progress on it.

The Palestinians have no option but to escalate their efforts to inter­nationalise their case and to pursue measures that would bring some form of accountability on Israel through peaceful means. This they can do with a more united leader­ship as the reconciliation between Fatah and Hamas evolves. Yes, the road ahead is rocky but promising.

The United States has effectively closed the door on accountability through the UN Security Council, where, if needed, it will always wield the veto. In the UN General Assembly, where the United States does not enjoy the right to veto resolutions, the Palestinians can initiate them and win but they will remain unenforceable. The Palestinians are enjoying greater success in the UN Human Rights Council (UNHRC), where the United States does not hold a veto. Significantly, the council is about to publish a database containing the names of companies complicit in Israel’s occupation. This has raised strong condemnation from both Israel and the United States.

The United States may decide to leave the UNHRC as an expression of anger at what it sees as obses­sive criticism of Israel as it has done with UNESCO. This may dis­suade other international bodies and conventions from accepting the state of Palestine as a mem­ber, knowing that it will use this primarily to bring accountability on Israel for violations that come under the scope of the organisa­tion in question. The Palestinian Liberation Organisation’s response should be to join more internation­al bodies and conventions and use these to pressure Israel back to the negotiating table or face greater accountability.

For example, it should work for Israel’s suspension from football’s world governing body, FIFA, for operating football teams in the illegal settlements.

The Palestinian Liberation Organisation should vigorously pursue Israel through the Interna­tional Criminal Court (ICC), which it joined in 2014. A focus on the illegal settlements is the clear­est case to bring. Other countries regard the settlements as illegal as does international law. Israeli Prime Minister Binyamin Net­anyahu recently promised never to dismantle a settlement and to expand the illegal enterprise.

While the Palestinians and the ICC would come under enormous pressure not to act, surely it is an action the Palestinians must pur­sue with vigour.

The Palestinians should be under no illusion that the conse­quences of escalating this battle would be costly for them. They will need strong support from Arab allies who should insist on Israel agreeing fully to the 2002 Arab peace initiative as a start. The ini­tiative spells out clearly what Israel needs to do for it to reap the huge benefits normalisation of relations with the Arab and Muslim world would bring.

The Palestinians should insist that a return to talks should be based on international law and well-known UN resolutions on the conflict. The Palestinians have op­tions. More of the same is not one of them.

The Palestinian leadership must embrace the Conference for Palestinians Abroad

First published by the Middle East Monitor on 6/3/2017

In my last article for MEMO, I wondered whether the Conference for Palestinians Abroad (CPA) could lead to Palestinian unity of vision. It was a privilege to be with an estimated 6,000 Palestinians from 50 countries in Istanbul for the conference, which took place on 25 and 26 February, both as a founding member and to test that question.

The dates are important because I believe that the launch of this conference will mark a milestone in the Palestinian struggle for justice, freedom, equality and the restoration of our rights. The 26 February will forever by the day when Palestinians who live outside Palestine and who are refused the right to return to their homeland said loud and clear that enough is enough. We will no longer be sidelined or ignored, either by the Palestine Liberation Organisation (PLO, our non-representative representative); Israel (the cause of our catastrophe); or those in the “international community” who had a hand in our dispossession and expulsion from our homeland by Zionist terrorists in 1948 and who continue to deny us our rights to this day.

The unequivocal message from Istanbul was that the Palestinians will not give up their right to return to the places from which we were ethnically cleansed. This was exemplified by Palestinian poet Mohammed Abu Daya who brought his original title deeds to the conference and after a moving speech handed them to one of his many grandchildren, imploring him to commit to returning, and receiving a promise from him that he will struggle to return to that very plot of land one day. Some may see this as unrealistic and theatrical. However, that would be to misunderstand the core Palestinian issue. The struggle has always been about Palestinian refugees returning to their homes instead of languishing in the diaspora, whatever political structure exists in historic Palestine.

Reaffirming the right of return was at the heart of the conference but the final statement also reaffirmed the commitment by Palestinians in involuntary exile to liberate Palestine from the “river to the sea”. Such language is usually mistranslated by Zionists to mean the destruction of Israel and “throwing the Jews into the sea”. That is pure propaganda from Zionists who, by the way, happen to believe that the Palestinians must be thrown out of their own land for there to be a truly Jewish state west of the River Jordan.

They are forever looking for means to achieve this, claiming that “Jordan is the Palestinian state” or that a state can be created in the Sinai to which the Palestinians in “Judea and Samaria” (the occupied West Bank) can be sent, by force if necessary. Israel’s Deputy Foreign Minister Tzipi Hotovely has no qualms about claiming the whole of historic Palestine for Israel. “We need to return to the basic truth of our rights to this country,” she believes. “This land is ours. All of it is ours. We did not come here to apologise for that.”

Israeli Education Minister Naftali Bennett, buoyed by Donald Trump being in the White House, claims that there will not be a Palestinian state. Indeed, the far-right Bennett has called for the annexation of most of the illegally-occupied West Bank, starting with the illegal colony-settlement of Ma’ale Adumim, and bringing it under Israeli “sovereignty”.

Standing next to Trump, Israeli Prime Minister Benjamin Netanyahu placed two conditions that must be met before “peace”: The Palestinians must recognise Israel as a Jewish state and, “Israel must retain the overriding security control over the entire area west of the Jordan River.” The latter is de facto Israeli sovereignty over historic Palestine from the river to the sea. While he has not explicitly called for the ethnic cleansing of the Palestinians, Israel would continue to rule over an occupied people for ever, making their lives so miserable under the pretext of security that they would leave of their own accord. In Zionist terminology, this is known as “silent transfer” and it is very much part of Israel’s strategy for a Palestinian-free land.

None of the above inflammatory statements by the most senior Israeli ministers has been condemned by any member of the so called international community. It seems that Western governments are happy for Zionist Israelis to claim the whole of historic Palestine as theirs, but not for the Palestinians whose land it is to do so. If modern day Zionists with no real connection to historic Palestine can lay claim to the whole land on the basis of what they claim to be a Biblical legacy, then surely Palestinians have every right to lay claim to their homeland, which they inhabited prior to Israel’s creation was forced upon them and from which they were expelled over the past 70 years.

I must stress that I did not get any impression from the CPA that liberating Palestine would necessitate or result in the mass expulsion of Jews, unlike the mass expulsion of Palestinians which took place in 1948. The conference focused on the emergence of a just political solution with the right for Palestinian refugees to return at its heart. Had I detected any sense of the former at the conference, I would certainly have withdrawn.

The failure of the two-state solution demonstrates the need for creative thinking to meet the needs of those who truly wish to coexist in historic Palestine. A solution is needed which would end separation. There should be no racist settlements built only for Jews or a new town built only for non-Jews. The solution must allow all who inhabit historic Palestine to live in peace wherever they desire. It should allow those refugees in Gaza, Jenin, Syria, Brazil, Europe and elsewhere to return to their land and homes. A reconciliation commission would need to be set up to deal with the details where the reclamation of exact sites is not physically possible.

Following the Trump-Netanyahu press conference in Washington, the Palestinian leadership’s 24-year long negotiations strategy — the charade of the peace process since signing the catastrophic Oslo accords — has collapsed. The PLO has been almost silent since that 15 February media circus, apart from calling for the international community not to abandon the two-state solution, bringing new meaning to the term “flogging a dead horse”.

It is time for fresh thinking that can strengthen the hand of a future, democratically-elected Palestinian leadership. The 6.3 million Palestinians abroad can play a vital role in shaping this. However, in the absence of a clear plan by the PLO to revitalise diaspora input, the CPA is the only game in town. The outcome of the conference was a commitment to continue to build both the new institution and Palestinian community, as well as lobby organisations abroad.

What is needed for this to materialise is for every Palestinian outside the borders of their homeland to make a commitment for contributions to the struggle in his or her adopted country. They should be knocking on the doors of their local decision-makers, lobbying for a just solution. They should take a more active part in the political system through joining political parties and standing for both local and national elections. They should be supporting and joining local solidarity groups, both as activists and donors. They should be forming alliances with other human rights groups and Jewish groups committed to justice for Palestinians. They should raise their voices in the media, locally and nationally, using articulate and convincing speakers and writers. They should also be knocking on the door of the PLO leadership in support of the CPA to ensure that the message is received and it is understood that they will no longer accept being ignored.

The CPA needs to find a sustainable way to continue to function long into the future. For that, it will need to widen its membership base in order to put to bed accusations that it is led by one group. The more community organisations which join, bringing together the widest possible spectrum of Palestinian views, the more representative the CPA will be. In turn, the more effective that the CPA is, the louder will be the call to the PLO to wake up and respond to that half of the constituency that it is meant to serve but which it has ignored since 1993. It can take strength from blessing the CPA, working to encourage Palestinians abroad to join it and developing appropriate links to it, leading to elections for the Palestine National Council, the people’s parliament.

Can the PLO rise to this challenge, as it must? Can its necessary reform include true representation for Palestinians abroad? Not only do they hope that it can, but all Palestinians would also want this. Fulfilling its responsibility would strengthen its hand in uniting and representing the Palestinian people and seeking a just solution for them. Ignoring or smearing the CPA will only add to the PLO’s own weakness, bringing it to the point of irrelevance. No Palestinian would want that to happen or for it to be interpreted as a desired outcome of the gathering of 6,000 Palestinians in Istanbul last month.