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The situation in the Middle East

Doc. 13231: collection of written amendments | Doc. 13231 | Final version

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ADraft Resolution

1The Parliamentary Assembly recalls its earlier resolutions on the matter and reaffirms its position and appeals to all parties concerned as most recently expressed in Resolution 1700 (2010) on the situation in the Middle East and Resolution1748 (2010) on the flare-up of tension in the Middle East. It reiterates, in particular, its support for two equally legitimate aspirations: Israel’s right to be recognised and live in safety, and the Palestinians’ right to have an independent, viable and contiguous State.
2However, since 2010, the peace process between Israelis and Palestinians has not progressed. The Palestinian reconciliation, announced several times, has not taken place; the building of Israeli settlements in the occupied territories, including in East Jerusalem, has continued and so has the construction of an extensive network of roads and tunnels to serve them and link them with Israel, as well as the building of “separation barriers”; rockets have continued to be launched from the Gaza Strip into Israel.

24 June 2013

Tabled by Ms Pelin GÜNDEŞ BAKIR, Mr Elkhan SULEYMANOV, Mr Rafael HUSEYNOV, Ms Tülin ERKAL KARA, Mr Burhan KAYATÜRK

Votes: 12 in favor 88 against 5 abstentions

In the draft resolution, at the end of paragraph 2, insert the following words: "and Israel has carried out the operation 'Pillar of Defense' which killed many Palestinian civilians including children and women."

3At the same time, the Assembly notes that a number of developments have since had an influence on the situation: the Arab revolutions; the continuing development of Iran’s nuclear programme; the civil war in Syria; the recognition of a State of Palestine by the United Nations General Assembly in November 2012; the granting of partner for democracy status with the Assembly to the Palestinian National Council; the elections held in Israel in January 2013; the re-building of relations between Israel and Turkey, under the auspices of President Obama; and the recently renewed efforts of the American Administration towards a resumption of the Israeli-Palestinian peace negotiations.
4At the beginning of 2011, mass movements in many Arab countries led to a transformation of the political landscape. In Syria, the civil war has killed almost 100 000 people, caused more than 1.2 million refugees and several million internally displaced persons.
5The Assembly recalls its Resolutions 1791 (2011), 1819 (2011) and 1893 (2012) on the situation and political transition in Tunisia, 1831 (2011) on co-operation between the Council of Europe and the emerging democracies in the Arab world and 1892 (2012) on the crisis of transition to democracy in Egypt, as well as its Recommendation 1957 (2011) on violence against Christians in the Middle East. Whether there should be optimism or pessimism about the evolution of the “Arab Spring”, the Assembly reiterates its support for those who fight for human rights, democracy and the rule of law. The road to democracy has always been long and difficult, and not only in the Arab world. Furthermore, the idea that stability can be guaranteed, as in the past, by dictators, is not only immoral but is also devoid of all political realism.
6The Assembly refers to its Resolutions 1878 (2012) on the situation in Syria and 1902 (2012) on the European response to the humanitarian crisis in Syria, as well as to the current affairs debate on “Syrian refugees in Jordan, Turkey, Lebanon and Iraq: how to organise and support international assistance”, held in April 2013 following a visit to the Za’atri Syrian refugee camp in Jordan by the Sub-Committee on the Middle East of its Committee on Political Affairs and Democracy. Concerned about recent acts of hostility of the Assad regime against Israel and other neighbouring countries, the Assembly warns against an escalation of the conflict.

In the draft resolution, paragraph 6, after the words "Concerned about recent acts of hostility of the Assad regime against Israel and other neighbouring countries," insert the following words: "and about the immense influx of weapons into the area, in open violation of UN Resolution 1701, forbidding the arming of Hezbollah,".

24 June 2013

Tabled by Mr George LOUCAIDES, Mr Tiny KOX, Mr Andreas GROSS, Mr Andrej HUNKO, Mr Dirk Van der MAELEN

Votes: 25 in favor 85 against 14 abstentions

In the draft resolution, paragraph 6, after the words "neighbouring countries", insert the following words: "and the Israeli raids against Syria,"

7The Assembly expresses its gratitude to the Jordanian authorities, as well as to those of Turkey and Lebanon, for hosting and assisting thousands of Syrian refugees. It calls on the Council of Europe member States, observer States and those with partner for democracy status, as well as the international community as a whole, to increase their assistance to the Kingdom of Jordan in view of the immense daily needs of the Syrian refugees. It also pays tribute to the overall role played by Jordan as a stabilising factor in the region and a key actor in the search for a fair and just solution to the Israeli-Palestinian conflict.

24 June 2013

Tabled by Ms Fiamma NIRENSTEIN, Ms Giuliana CARLINO, Ms Rossana BOLDI, Mr Renato FARINA, Mr Giacomo SANTINI, Ms Deborah BERGAMINI, Mr Emanuelis ZINGERIS

If adopted, amendment 26 falls.

Votes: 112 in favor 12 against 8 abstentions

In the draft resolution, paragraph 7, replace the words "The Assembly expresses its gratitude to the Jordanian authorities, as well as to those of Turkey and Lebanon, for hosting and assisting thousands of Syrian refugees", with the following words: "The Assembly expresses its gratitude to the receiving countries, in particular the Jordanian, Turkish and Lebanese authorities, for hosting and assisting over one and a half million Syrian refugees, according to the UNHCR estimates".

In the draft resolution, in paragraph 7, before the word "thousands", insert the following words: "hundreds of".

In the draft resolution, in paragraph 7, replace the words "assistance to the Kingdom of Jordan" with the following words: "financial assistance to the Kingdom of Jordan, Turkey and Lebanon".

8The Assembly reiterates its support for a “two States for two peoples” solution to the Israeli-Palestinian conflict, based on the 1967 borders, which, in view of the new realities on the ground, could be accompanied by limited land swap, as has recently been accepted by the Arab countries. It supports, in particular, the newly intensified efforts of the American Administration towards a rapid resumption of the negotiations between Israelis and Palestinians with a view to a long-lasting and just solution.

In the draft resolution, paragraph 8, after the words "a rapid resumption of the negotiations", insert the following words: "without preconditions".

24 June 2013

Tabled by Mr George LOUCAIDES, Mr Tiny KOX, Mr Andreas GROSS, Mr Andrej HUNKO, Mr Dirk Van der MAELEN

Votes: 110 in favor 13 against 10 abstentions

In the draft resolution, paragraph 8, replace the words "two states for two peoples solution" with the following words: "two-state solution".

9At the same time, the Assembly considers that, pending such a permanent settlement and with a view to facilitating its conclusion, interim arrangements could be made, such as an agreement on conflict management methods, confidence-building measures and continued pragmatic co-operation on the ground.
10Easing measures should include, inter alia: the release of imprisoned members of the Palestinian Legislative Council; concrete steps to freeze the building of new settlements; ceasing home demolitions and forced evictions; reducing the obstacles to the movement of people and goods on the West Bank and with Israel and issuing more work permits in Israel; reconsideration of the possibility of family reunification and revision of the law on marriage; co-operation on security matters; and the transfer to the Palestinian Authority of parts of Area C in the West Bank currently under full Israeli control.

In the draft resolution, paragraph 10, after the words "the release of imprisoned members of the Palestinian Legislative Council", insert the following words: "provided they are not indicted of involvement in acts of terror".

In the draft resolution, paragraph 10, after the words "ceasing home demolitions and forced evictions", insert the following words: "provided that the buildings are in compliance with the law".

24 June 2013

Tabled by Mr George LOUCAIDES, Mr Tiny KOX, Mr Andreas GROSS, Mr Andrej HUNKO, Mr Dirk Van der MAELEN

Votes: 123 in favor 12 against 4 abstentions

In the draft resolution, paragraph 10, replace the words "the building of new settlements" with the following words: "settlement building activities".

11The Assembly notes that, alongside status issues, those of standards should also be addressed so that, ultimately, whether in territories under Israeli or Palestinian control, all people, Arabs and Jews, Israeli and Palestinian citizens, will equally enjoy respect for human rights, democracy and the rule of law. Therefore, it believes that the requirement of “two States for two peoples” should be further qualified as a requirement for “two democratic and pluralist States”.

In the draft resolution, paragraph 11, after the words "should be further qualified as a requirement for "two democratic and pluralist States".", insert the following words: "When using this definition, it must be taken into consideration that the Palestinian Authority is still undergoing a process to define several essential and institutional aspects of its form of government, while Israel is a democratic State. It must also be taken into consideration that the Palestinian Authority has never agreed with the idea to have Jewish citizens in its territories, while Israel has a population of over 1,650,000 Arab inhabitants with full and equal citizenship rights".

24 June 2013

Tabled by Mr George LOUCAIDES, Mr Tiny KOX, Mr Andreas GROSS, Mr Andrej HUNKO, Mr Dirk Van der MAELEN

Votes: 129 in favor 5 against 7 abstentions

In the draft resolution, paragraph 11, replace the words "two states for two peoples" with the following words: "a two-state solution".

12The Assembly welcomes the liberation of the Israeli soldier Shalit and more than one thousand Palestinian prisoners and recalls its Resolution 1830 (2011) whereby it granted partner for democracy status to the Palestinian National Council.

In the draft resolution, at the end of paragraph 12, after the words "Palestinian National Council.", insert the following words: "It expresses its concern over the alleged renewed involvement of some of the released prisoners in plotting terror attacks against the Israeli population".

13In order to ensure and further enhance respect for human rights, democracy and the rule of law in the territories under their control, and facilitate the resumption of peace negotiations, the Assembly calls on:
13.1the Israeli authorities, to:
13.1.1guarantee the same individual rights to all Israeli citizens, including members of the Arab minority, and recognise minority rights to the latter;

In the draft resolution, delete paragraph 13.1.1.

13.1.2put an end to arbitrary arrests and administrative detentions of Palestinians (including of scores of children), unfair trials and acts of violence against detainees, as well as to stop transferring Palestinian detainees to Israeli prisons in violation of international humanitarian law;

In the draft resolution, paragraph 13.1.2, after the words "violence against detainees", insert the following words: "according to Palestinian sources".

13.1.3release imprisoned members of the Palestinian Legislative Council and a large number of other prisoners according to the Annapolis agreement; allow members of the Palestinian partner for democracy delegation to the Assembly to travel to Assembly meetings;

In the draft resolution, paragraph 13.1.3, after the words "and a large number of other prisoners", insert the following words: "(provided that they are not indicted of involvement in acts of terror)".

13.1.4stop the building of new settlements and the extension of old ones, cease all home demolitions, forced evictions and confiscation of land in the occupied territories, including in East Jerusalem; allow Palestinians to take control over their natural resources (with special emphasis on water); lift restrictions on the freedom of movement of Palestinians in the West Bank and stop hindering their access to their land, workplaces, education, health and other services and facilities; stop the construction of the so-called “separation wall”, in exchange for appropriate security guarantees;

In the draft resolution, paragraph 13.1.4, after the words "cease all home demolitions", insert the following words: "provided that the buildings are in compliance with the laws".

In the draft resolution, paragraph 13.1.4, replace the word "lift" with the following word: "ease".

13.1.5lift the blockade of Gaza;

In the draft resolution, paragraph 13.1.5, after the words "lift the blockade of Gaza", insert the following words: "contingent on the acceptance by Hamas of the Quartet's three conditions for recognising the Islamist movement, i.e. renunciation of violence, recognition of Israel and accepting the agreements signed in the past by Israel and the PLO."

13.2all Palestinian forces, to:
13.2.1conclude, without further delay and in a transparent manner, the reconciliation, already announced several times, between Fatah and Hamas, based on the Quartet principles, thus also enhancing the credibility of the Palestinian side in the negotiations with Israel; in this respect, the Assembly encourages Egyptian President Morsi to intensify his mediation efforts;

In the draft resolution, paragraph 13.2.1, after the words "based on the Quartet principles", insert the following words: "and on the Quartet's three conditions to Hamas, i.e. renunciation of violence, recognition of Israel and accepting the agreements signed in the past by Israel and the PLO,"

In the draft resolution, at the end of paragraph 13.2.1, insert the following words: "Hamas should be represented within the PLO which will further encourage Hamas to be politicized rather than militarized".

13.2.2organise the long overdue presidential and parliamentary elections;
13.2.3refrain from using violence against Israeli citizens and anti-Israeli rhetoric, as well as from including suicide bombers and other terrorists among Palestinian martyrs, as such phenomena undermine a culture for peace;

In the draft resolution, paragraph 13.2.3, after the words "anti-Israeli rhetoric", insert the following words: "inciting against the very existence in the area of a state for the Jewish people,"

24 June 2013

Tabled by Mr George LOUCAIDES, Mr Tiny KOX, Mr Andreas GROSS, Mr Andrej HUNKO, Mr Dirk Van der MAELEN

Votes: 117 in favor 10 against 13 abstentions

In the draft resolution, paragraph 13.2.3, replace the words "anti-Israeli rhetoric" with the following words: "anti-Semitic propaganda".

13.2.4put an end to arbitrary detentions and acts of violence against detainees.

In the draft resolution, paragraph 13.2.4, after the words "against detainees", insert the following words: "and to executions of Palestinian citizens accused of collaboration with Israel".

14The Assembly is in particular concerned about human rights violations committed in the Hamas-controlled Gaza Strip, including executions after unfair trials, summary executions of Palestinians accused of spying for Israel and indiscriminate rocket launching against Israel, killing civilians. It therefore urges the Hamas to stop human rights violations and bring perpetrators to justice, introduce an immediate moratorium on executions pending de jure abolition of the death penalty, recognise the right of the State of Israel to exist and endorse the Arab peace plan, stop launching rockets and all types of attack against Israel, and reject the use of terrorism and combat it effectively.

24 June 2013

Tabled by Ms Pelin GÜNDEŞ BAKIR, Mr Fazil MUSTAFA, Mr Elkhan SULEYMANOV, Mr Rafael HUSEYNOV, Ms Tülin ERKAL KARA, Mr Burhan KAYATÜRK

Votes: 22 in favor 107 against 5 abstentions

In the draft resolution, after paragraph 14, insert the following paragraph:

“The Assembly urges Israel to stop all types of military operations and attacks towards the Gaza Strip that have killed an unproportionally high number of Palestinian civilians in the past including hundreds of innocent children and women.”

In the draft resolution, paragraph 14, delete the words "and reject the use of terrorism and combat it effectively."

Explanatory note

It would be a double standard to see Hamas, on the one hand, as one of the legitimate parties for a solution of the conflict and, on the other hand, to accept it as using terrorism as a means.

15The Assembly underlines that respect for human rights, democracy and the rule of law by both Israelis and Palestinians can contribute to the success of the negotiations for a peace agreement by rebuilding trust among the parties, but also subsequently, as any peace agreement will only be the beginning of a long process of reconciliation after decades of conflict. In this context, the Council of Europe and its Parliamentary Assembly can make their own specific contribution.
16Therefore, the Assembly resolves to:
16.1continue to promote dialogue and confidence building between representatives of the Knesset and the Palestinian National Council, in particular in the framework of the Sub-Committee on the Middle East;
16.2make available to both representative bodies its own experience in the field of human rights, democracy and the rule of law;
16.3pursue efforts to establish relations with other parliaments in the region, notably in Egypt and Jordan, in particular in the light of the prospects for co-operation offered by the partner for democracy status. In this respect, the Assembly welcomes the interest expressed by the Speaker of the House of Representatives of the Kingdom of Jordan in obtaining partner for democracy status, already granted to the Parliament of Morocco and the Palestinian National Council in 2011.

In the draft resolution, after paragraph 16.3, insert the following paragraph:

"promote reconciliation between the Palestinian factions, i.e. Fatah and Hamas, only in compliance with the Quartet principles according to which, in order to be recognized as a partner, Hamas must (i) renounce violence; (ii) recognize Israel; (iii) accept the agreements signed in the past by Israel and the PLO."

17The Assembly welcomes the Council of Europe’s intergovernmental action with respect to Jordan and asks the Secretary General to enhance also relations with Israel and the Palestinian Authority, with a view to designing a contribution by the Organisation to promote respect for human rights, democracy and the rule of law in the region.

In the draft resolution, paragraph 17, replace the words "the Palestinian Authority" with the following word: "Palestine".

18It decides to continue to follow closely the situation in the Middle East, and in particular the progress of the Israeli-Palestinian peace process and the situation of human rights, democracy and the rule of law in the region.

In the draft resolution, paragraph 18, after the words "democracy and the rule of law in the region", insert the following words: "with special attention to the crucial developments in Egypt and Syria."