( Ireland Palestine Solidarity Campaign ) on 21 st May 2009

1. Presentation to the Joint Oireachtas Committee on European AffairsbyMarie Crawley – David Morrison – Philip O’Connor (Ireland Palestine Solidarity Campaign) on 21st May 2009 ‘Supporting the national and democratic rights of the Palestinian people’

2. A nation under occupation ….

3. Palestinian Loss of Land 1946 - 2008 …. colonisation and expropriation

4. Europe’s relations with Israel

5. Barcelona Declaration (1995) Israel signs Euro-Mediterranean Partnership 1995 despite even then being in breach of key clauses: “respect the territorial integrity and unity of each of the other partners” (West Bank, Gaza, Lebanon, Sysria); “act in accordance with the UN Charter , the Universal Declaration of Human Rights and… international law” (Israel in occupation of neighbouring states, ignores International Court of Justice ruling on “security wall”); “act in accordance with the Universal Declaration of Human Rights”, Article 7: everyone is “entitled to equal protection against any discrimination” (Israel discriminates against its Arab minority – EU 2004).

6. Israeli breaches of the UN Charter UN Charter (Art. 25) requires UN member states “to accept and carry out the decisions of the Security Council” - in 1995 Israel in breach of 25 Security Council Resolutions: cease building “settlements” in occupied territories, including East Jerusalem (Resolutions 446, 452 and 465); reverse the annexation of East Jerusalem (resolutions 252, 267, 271, 298, 476 and 478) and the Golan Heights (Resolution 497) open its nuclear facilities to IAEA inspection (Resolution 487).

7. Example: Settlements The Israeli “settlement” Har Homa (formerly Abu Ghneim), East Jerusalem. 500,000 now live in such fortified colonies on stolen Palestinian land in breacgh of International Law

8. Example: The Wall Court of International Justice (July 2004) declares the construction of the wall contrary to international law and orders Israel to cease construction and dismantle the existing structure

9. Euro-Med Agreement (2000) Israel has enjoyed privileged access to the EU since 2000 through its Association Agreement with the EU under the Euro-Mediterranean Partnership; Article 2 of the Agreement imposes human rights obligations on Israel: “Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement.” Compliance by Israel is an essential element of the Agreement – not an optional element, nor a desirable element, but an essential element.

10. Israeli breaches of the EU Association Agrement Israel discriminates against its Arab minority: Ehud Olmert: the discrimination is “deliberate” and “the gap is insufferable”; The economic strangulation of Gaza, closing the crossings between Israel and Gaza, is in breach of international humanitarian law (Articles 33 and 55,4th Geneva Convention): “To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.”

11. Economic strangulation of Gaza “collective punishment” Economic blockade a deliberate act of Israeli policy,in breach of Art 33,4th Geneva Convention, which forbids Occupying Powers from applying “collective penalties”to occuppied people. Foreign Minister, Dermot Ahern, to Dáil Eireann: “… It is unacceptable that Israel should isolate the people of Gaza and cut off essential supplies in order to exert pressure on them to reject Hamas. I agree with the United Nations that this constitutes collective punishment and is illegal under international humanitarian law…” With the Gaza blokade alone, Israel is in breach of Article 2 of the Euro-Med Agreement.

12. War crimes in Gaza: awaiting EU response Israeli’s military onslaught on Gazakilled 1,400 Palestinians, including over 500 women and children. Inquiries by UN bodies and human rights NGOs find extensive evidence of war crimes: “there are strong and credible reports of war crimes and other violations of international norms” (UN Human Rights Council report 23rd March 2009) .

13. The EU has turned a blind eye to all of these failures by Israel to fulfill its obligations under the Barcelona Declaration and the Euro-Med Agreement

14. EU double standards:Israel and Russia Last September, the EU postponed negotiations with Russia about a new partnership agreement until Russia ended its military occupation of Georgia, which at the time had lasted a month; Had the EU applied this condition to Israel in 1995, the EU would have refused to enter into negotiations with Israel about a special partnership until it ended its military occupation of Lebanon, Syria and the Occupied Palestinian Territories. If the EU were to apply this condition to Israel today, it would cancel all agreements with Israel until it withdrew to its 1967 boundaries.

15. Gaza and the Hamas ceasefire June 2008 Israel agreed a ceasefire with Hamas: Hamas fired no rockets or mortars out of Gaza into Israel from 19 June until 4 Nov. when Israel carried out a military incursion (leaving 6 dead). This ended the ceasefire (though Israel had never fulfilled its undertaking to lift the blockade); Israel didn’t need to launch a military assault on Gaza and kill over 1,400 people to protect its citizens from rockets. All it had to do was to stick to the terms of the ceasefire. It chose not to do so.. The ceasefire must now be restored, with Israel ending its economic blockade, so that the misery of Gaza is reduced and its infrastructure rebuilt.

16. The EU and the “Agreement on Movement and Access” Agreement on Movement & Access (sponsored by the US and EU in 2005 ): Israel promises that all Israel-Gaza crossings would “operate continuously” to allow people and goods move in and out of Gaza. It also promises bus/truck convoys between West Bank and Gaza and the opening of a seaport and airport in Gaza. Israel broke all these promises; The EU is forever demanding that Palestinians adhere by past agreements. It is long past time for the EU to insist that Israel adheres to this one. The ceasefire must now be restored, with Israel ending its economic blockade, so that the misery of Gaza is reduced and its infrastructure rebuilt.

17. Hamas, the EU and a “peaceful solution” Hamas represents a large proportion of Palestinians in the West Bank and Gaza, achieved through free elections (74 of 132 seats in PLC). Hamas must be engaged with as part of the solution - without preconditions that make engagement impossible; Both the Fatah and Hamas leaderships have stated repeatedly that they are prepared to work a solution on the basis of the 1967 borders accepted by the UN. Their only condition is that the occupation end. The EU must end its boycott of Hamas and complicity in the strangulation of Gaza – as urged by the Irish Government.

18. What we ask of the Irish Government demand publicly that the Euro-Med Agreement under which Israel has privileged access to the EU market be suspended until Israel complies with International Law; veto any proposed upgrade in EU relations with Israel until Israel complies with International Law; demand publicly that Israel reverse its settlement construction, illegal occupation and annexation of land in accordance with UN Security Council resolutions, and use its influence in international forums to bring this about; demand that the EU re-engage with Hamas.

19. Why should the Irish Government act? • Support of the Irish people • EU foreign policy will be a factor in Lisbon II – by acting on these recommendations, Ireland would demonstrate it is willing to exercise an independent foreign policy • Israel will continue to act with impunity – risk repeat of ‘Gaza’ • Because of similarities in history – Palestine looks to Ireland for leadership in EU context

20. Ireland Palestine Solidarity Campaign www.ipsc.ie