The Road Map, the three-part peace plan presented to the
Palestinians and Israelis by the Quartet, will have direct
implications on Palestinians' human rights during its
implementation. This is especially so in the case of the security
procedures to be taken by both parties, which should make it
possible to establish an independent Palestinian state, within
temporary boundaries.
First, let us look at the commitments made by the Palestinians in
the security field, the most prominent of which is the arrest,
detention or obstruction of any individuals or groups that plan or
implement violent attacks against Israelis, or those connected to
"terrorism," the destruction of "terrorist" infrastructure and the
collection of illegal weapons.
Implementing these commitments will result in unjustified and clear
violations of Palestinian human rights. Politically, there is
obvious discrimination against the Palestinian population as a
whole, rather than their method of resistance, i.e., carrying out
military actions that target civilians. At the same time, the Road
Map is devoid of any mention of the military and settler presence
within Palestinian land, which must be considered an occupation.
The legal repercussions of this occupation should be, first and
foremeost, the monitoring of human rights and the implementation of
relevant international agreements, conventions and
resolutions.
There is an explicit and flagrant disregard for the role of
international institutions, even though they have so far failed to
carry out their duty to end the conflict by implementing all
decisions related to the Arab-Israeli conflict and working toward
the establishment of an independent Palestinian state under UN
resolution 181. By calling for the establishment of an independent
Palestinian state, this resolution should constitute a legal,
political and practical guarantee of Palestinian human rights.
However, the Israelis and Palestinians have preferred bilateral
negotiations, albeit under the auspices of international parties,
which means each side will implement its security commitments
unilaterally. This could jeopardize Palestinian human rights, as
the Palestinian Authority (PA) will have to find legal
justifications for implementing these security commitments. The
criteria that will be utilized, according to the terms of the Road
Map, are the American standards for defining a terrorist, despite
the fact that this definition has not been internationally
acknowledged. Israel has arranged its agenda according to that of
the US and has worked in correspondence and congruence with it,
making US criteria the basis for violating Palestinian human
rights.
Under the banner of "terrorism," for which there is still no
internationally agreed definition, the Palestinians will be
harassed through measures supposed to fit the definition of
"fighting terrorism,", i.e., arrests, house demolitions, targeted
assasinations, infrastructure destruction and taking members of the
resistance, and their organizations, to court. All these actions
are contrary to what has been ratified within international
conventions and norms and constitute a clear transgression of
people's right to resist illegal occupation. Criminalizing
resistance in a comprehensive manner exempts Israel from
international accountability as an occupying force. Israel must be
held responsible for its daily actions, which include assaults,
arrests and assassinations (in effect, extra-judicial executions),
in addition to destroying houses, confiscating land and building
settlements. But Israel is never held accountable, despite the fact
that all these actions are clear transgressions of Palestinians'
human rights. Israel considers all these actions to be within the
framework of a legitimate self-defense, as if the Palestinians were
the occupying force and not vice-versa.
Legality of the Procedures
The PA may begin implementation of security measures in accordance
with the Road Map, despite the expected implications on its
citizens' human rights and the threat of directly transgressing on
public freedoms and civic rights. It could find itself forced to
draft new legislation in light of these security requirements,
which will have a negative effect on the Palestinian legislative
system. If work is suspended on a number of civil society laws to
focus on security procedures, there is the danger of turning
Palestinian society into a police state. The PA could declare a
state of emergency when the Israeli army withdraws from cities and
area "A." It would then work according to summary laws, allowing
state security forces to place a tight grip on political and civil
life, under the banner "resisting terrorism." By implementing such
precautionary measures, the PA could successfully reap political
benefits, which it is hoped would eventually lead to the
establishment of an independent Palestinian state. The Palestinian
security courts, for example, were not opposed by the Americans or
Israelis, probably because they meet security needs, despite the
fact they violate human rights.
Thus, there is the fear that the failure to provide human rights
guarantees, along with the possibility that the PA and its security
forces crack down on freedom of expression in universities, schools
and civil society organizations, would create an undemocratic
atmosphere, followed by an ominous security "junta" within
Palestinian society. The American and Israeli administration could
also pressure the Palestinian government into taking actions
similar to those enforced in the US after September 11, under the
banner of "protecting the nation." This would grant the government
wide-ranging powers that could conflict with public freedoms and
the principles of human rights.
The Sphere of the Media
Following that overview of the possible scenarios regarding the
implementation of security commitments by the Palestinians, there
is little doubt these procedures will directly affect freedom of
expression. The freedom of the media may be suppressed or subdued
for the benefit of the Road Map's speedy implementation, and the
press encouraged to veer away from a more democratic track (with
its inherent guarantee of human rights) to become a government
mouthpiece. That could see dialogue in favor of Palestinians'
human, national and political rights censored, including debate on
the Palestinian refugees' right of return. The Palestinian media
could witness a widespread intimidation campaign, with claims that
it is a tool of incitement in direct violation of freedom of
expression and opinion.
The Palestinian media would have to follow security orders or
become accountable to the PA. The end result would be the burial of
freedoms for the benefit of the Road Map. Fareed Zakaria, editor of
Newsweek International, says in his book, The Future of
Freedom:
"This is the Problem, that if a democratic government implements
democracy on a limited basis and through a gradual widening of the
scope of freedoms, then we should not describe this kind of
government as dictatorial. This is the pretext given by American
democratic theorists and ideologists for any authority based on
procedures that condradict the principles of democratic practice
and its morals or that contradicts human rights."
The Palestinians' need to implement security commitments before
reaching a political settlement with Israel will create a situation
rife with potential human rights transgressions. Nor will it create
an atmosphere condusive to a political settlement with all
Palestinian factions, especially Hamas and Islamic Jihad. The
political agreement between the factions was drawn up to allow the
PA to avoid this security trap. If the PA is able to reach a
political agreement with the other Palestinian factions, including
Hamas and Islamic Jihad, the implementation of security measures
will be easier and less perilous to Palestinian human rights. It
will be a responsibility shared by all to protect the political
agreement and achieve the aims of the Road Map. However, the
Israeli government, which has not matured enough for the
establishment of a just and comprehensive peace with the
Palestinians, wants to ignite a civil war within the Palestinian
camp, to guarantee the destruction of what it had previously been
unable to destroy. This would obliterate the basis for democratic
and human rights development, as civil wars are incredibly
detrimental to human rights. There are many examples of this kind
of situation in Latin America, Africa, the Balkans, etc. The
outbreak of such a war would disrupt the establishment of a
Palestinian state while removing any moral, legal or political
responsibility from Israel's shoulders. There are movements within
Israeli society that oppose the democratization of Arab societies,
especially the Palestinians. Democracy would reveal the ugly face
of the ocupation, exposing a society damaged by the lack of respect
of human rights and their daily violation by Israel's security
institutions.
Lack of Protection of Human Rights within the Road Map
After scrutinizing the Road Map, it is obvious that it is full of
security commitments that could impinge on Palestinians' human
rights. It is also void of any mention of the protection of human
rights. Both the Palestinians and the Israelis now need another
agreement to guarantee that any transgressions resulting from the
implementation of the Road Map will be dealt with. This requires
the establishment of mechanisms to monitor the extent of compliance
with human rights and international humanitarian law.
Failing to guarantee basic human rights will result in deep
feelings of ill will toward the achievement of peace and the
building of a democratic society that respects human rights and
works for their assurance. Previous international episodes in the
field of conflict resolution have already demonstrated this, for
example in East Timor and Yugoslavia. These are lessons both
Palestinians and Israelis can learn from. However, the Road Map has
totally distanced itself from the principle of dealing with human
rights or guaranteeing these rights. This issue has not been
addressed and matters have been left to the discretion of the two
sides. The victims will be the individual Palestinians whose rights
will be transgressed by security pretexts that remain undefined by
regulations or legislation.
It is obvious there is a need for programs and mechanisms to
guarantee human rights, concurrent with the Road Map's
implementation. A lack of clear references to basic human rights,
with no guarantees endorsed by international humanitarian law,
leaves the road open for further transgressions that could
eventually destroy the negotiation process.