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Mr. President,
We have returned to this Chamber, again, to discuss one grave aspect of the disturbing situation in the Middle East.
2. Pakistan believes that the construction of the separation wall in the Occupied Palestinian territories is illegal. It entails enormous humanitarian suffering for the affected Palestinian people. And, it seriously undermines the prospects for a just and lasting solution of the Israeli-Palestinian dispute.
3. A fundamental principle of international law, flowing from the United Nation’s Charter, is the illegality of the acquisition of territory by the use of force. Resolutions 242, 338 and all subsequent international agreements on the Middle East have been based on this principle – and require Israel’s withdrawal from Arab occupied territories. The Quartet’s Peace Plan is also based on the principle of Israeli withdrawal from occupied Palestinian territories in exchange for the establishment of durable peace.
Mr. President,
4. The separation wall, being built in the occupied territory, in effect incorporates substantial areas of occupied West bank into Israel. The wall does not follow the so-called Green Line. There is a contention that the wall is a temporary measure and that it is being constructed to enhance security for Israel against terrorism. This is not a tenable argument. There would have been no terrorism had there been no foreign occupation. The objective, we fear, is indeed to pre-empt the solution of the Middle East conflict on the basis of the principle of land for peace.
5. The Special Rapporteur of the Commission on Human Rights, John Dugard, justly recently noted in his Report of 30 September 2003:
“The wall has all the features of a permanent structure. The fact that it will incorporate half of the settler population in the West Bank and East Jerusalem suggests that it is designed to further entrench the position of the settlers. The evidence strongly suggests that Israel is determined to create facts on the ground amounting to de facto annexation. Annexation of this kind, known as conquest in international law, is prohibited by the Charter of the United Nations and the Fourth Geneva Convention.”
6. Article 47 of the Fourth Geneva Convention, clearly stipulates:
“Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as a result of the occupation of a territory.”
7. The 1995 Interim Agreement states that neither party will “change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations” (Chapter 5, Article XXXI, paragraph 7) and that “the integrity and status” of the West Bank and Gaza Strip territory “will be preserved during the interim period” (Chapter 2, Article XI, paragraph 1 and Chapter 5, Article XXXI, paragraph 8).
8. Apart from being illegal from the perspective of these international and bilateral legal instruments, the separation wall is inconsistent with Israel’s commitment under the Roadmap. The Roadmap obligates the Government of Israel to immediately dismantle settlement outposts erected since March 2001 and, “consistent with the Mitchell Report, freezes all settlement activity (including natural growth of settlements).” This commitment is both clear and non-negotiable. The wall spurs, not stems, the growth of settlements and outposts.
Mr. President,
9. The separation wall would bring enormous suffering to the Palestinian people living in the West Bank. The Special Rapporteur has calculated that at least “210,000 Palestinians will be affected by the Wall.” According to him, “Palestinians living between the Wall and the Green Line will be effectively cut off from their farm land and work places, schools, health clinics and other social services. This is likely to lead to a new generation of refugees or internally displaced persons.”
Mr. President,
10. There is little doubt that the wall separates the Palestinians from their own cities and resources. It isolates, fragments and in some cases impoverishes those affected by its construction. In order to obtain the land on which the Wall is being constructed in the West Bank, private Palestinian property has been requisitioned pursuant to military orders. This is in flagrant violation of humanitarian as well as human rights law.
Mr. President,
11. Politically, the wall will pose yet another and probably the most daunting challenge to the implementation of the Quartet’s Roadmap. The Secretary General recently described the separation wall and the settlements as “serious obstacles to the achievement of the two-state solution.” In Security Council’s consultations, some members earlier have cautioned that construction of the wall amounted to pre-empting the final settlement agreement under the roadmap and creation of realities on the ground. We agree with this assessment.
12. A viable Palestinian state envisaged in the Quartet’s Road Map cannot be established in the Bantustans that will be created by the separation wall. The peace which Israel seeks will not result from the continuing illegal occupation and suppression of a Palestinian population in these lands which is hostile and aggrieved.
13. It is imperative, Mr. President, to recognize that the separation wall is an unlawful annexation of the occupied Palestinian territory. It must be declared illegal by the Security Council and the Government of Israel must be asked to cease and reverse its construction. We do not believe that terrorism is an excuse for the separation wall. Certainly, this will not stop state terrorism against the Palestinian people.
Mr. President,
14. The security situation in the Holy Land is grave and threatening. It warrants immediate attention and urgent action by the international community and especially by the Security Council. The taboo of terrorism should not be misused to circumvent the peace process. This peace process, which we have all supported, must be rescued and the parties brought back to full and faithful implementation of their commitments under the roadmap which should lead to the realization of our vision of two states, with Israel and Palestine living side by side in peace and security within recognized borders.
I thank you, Mr. President