The Guardians of Peace
 
by Ali Jarbawi

Many people awaited her visit with high expectations, believing she would bring with her the key to reviving the peace process. When Madeleine Albright finally arrived in the region, however, she came with no intention of making return visits and with few concerns, except that of "terrorism". The American secretary of state then left the region hastily, disappointed that she had not been able to score a personal victory. At the same time, she also left Palestinians and Arabs disappointed, as she announced her failure to do what the "guardians of peace" had expected, to save face -- theirs and that of the peace process.
 
Albright departed, warning sternly that she would not return to the region again until the parties involved took the necessary steps which would allow her to achieve a victory on her next visit. Albright summarized these "necessary steps" in specific demands which called on [Palestinians] to fight "terrorism" day and night. In doing so, she made clear whom it was she believes is the true "enemy" of the Palestinian people, trying to incite us with the hair-raising scenario of Palestinians getting embroiled in a civil war. Meanwhile, her demands to the Israelis were expressed in broad, vague statements, which asked for no real commitments and imposed no deadlines. The Israeli response was swift and clear: during her visit, Israel announced its rejection of  her call to freeze settlements, and immediately after she left, Irving Moskowitz and his settlers occupied houses in Ras al-Amoud.

The strange thing is that, despite Albright's public acknowledgment that she had failed to reactivate the stagnant negotiating process, there are still some "guardians of peace" who are weaving illusions, searching to excuse themselves through her. These people were impressed that Albright repeated the customary US reassurance that the peace process must be based on UN resolutions 242 and 338 and the principle of land for peace. Surprisingly, these people believe that repeating reassurances will somehow restore the required, but presently absent, terms of reference of the peace process. They think it will in some way lesson the credibility of [Israeli prime minister Binyamin] Netanyahu and his right-wing government, which dispensed with the Oslo agreement, to all intents and purposes, from the moment they took office.

The "logic" of these "guardians of peace" is astounding -- they refuse to take into account the fact that reality is subject to change and that events which are occurring daily on Palestinian lands are dictated by a specific interpretation of principles. These events demonstrate that principles, too, can be flexible and are constantly changing, their meaning defined by who is in power and interpreting the principles. So putting a stop to these events which alter reality becomes crucial; the interpretation of principles must remain consistent if they are to be implemented.

Perhaps we should remind Secretary Albright of the United States' commitment to UN Security Council resolutions 242 and 338 and the principle of land for peace. But even more important than the original commitment is the manner in which it is implemented, and in that our interpretation must be the same as the Americans'. We should remember too, that the letter of assurances issued by the US to Israel prior to the convening of the Madrid conference granted Israel freedom in its interpretation of resolution 242. So if these "guardians of peace" are pleased with Albright's reassurance of the US position, and if their interpretation of the principles is similar to ours (Israeli withdrawal to the 1967 borders in exchange for Israel's formal recognition by the Arab world and peace with its Arab neighbors), then why should we make a big deal over every settlement built or expanded, any house sold or every piece of land confiscated?

If this type of logic continues to govern the peace process, then our position would not be influenced even if Israel established itself on every meter of our land -- because ultimately the principles will be implemented and with "land for peace" as the principle, we should regain all the land to the 1967 borders.

But we know that this is absolutely not the case. The optimism of these "guardians of peace" is groundless, for the battle is taking place on every inch of land and is not awaiting the selective implementation...of the general principles whose interpretation will be determined at the end and not from the beginning. For this reason, admiring Albright's words as if we were hearing them for the first time, and finding excuses for her, is totally unjustified. The secretary of state is blatantly biased towards Israel and makes no attempt to hide it. So why should the "guardians of peace" on our side try to "block out the sun with a handkerchief"?
An editorial in an Arabic newspaper recently said "the raid and takeover of Arab houses in Ras al-Amoud in Jerusalem by Jewish settlers constitutes a challenge to the US government and a deliberate insult to the US secretary of state Madeleine Albright, who  has condemned Israel's settlement policy and called on the Netanyahu government to halt all settlement activities and to remain committed to the signed agreements with the Palestinians." This statement does not need a lot of commentary, but it should be noted that the insult was not intended for Albright, nor was she even considered, and the challenge was not to the United States, for the land is not theirs.

Israel has grown accustomed to Arab pronouncements and condemnations which lack any substance, just as it has grown accustomed to Arab laxity in waiting  for principles -- no longer based on our interpretation -- to be implemented.

Our standards have been lowered to the point where Moskowitz has declared war on us and not on Israel. So what do the "guardians of peace" say now to the principle of  "land for peace" and do any of the Arabs have an appropriate response?
 

This piece first appeared in al-Ayyam on September 20. The author is a professor of political science at Birzeit University. Translated by Johara Baker.

 
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  PA counterattacks on terrorism issue

The Palestinian Authority gave US secretary of state Madeleine Albright the following document during her recent visit to the region, summarizing recent Israeli acts of "terrorism" against Palestinians and detailing nine Palestinian demands submitted to the Israeli governmentfor fighting this terrorism.

The document was drawn from a report called "Israel: terrorism and instigation", prepared by Dr. Ahmed Tibi, an advisor to PA president Yasser Arafat and head of the Palestinian Center for Strategic Studies.  It was intended to provide a counterbalance to the Israeli media frenzy over Arafat's meeting last month with Hamas leader Sheikh 'Abdel 'Aziz Rantisi.

The report includes a detailed list of all acts of terrorism carried out by Israelis against Palestinians, as well as a comprehensive list of each of the various Jewish extremist groups and their individual leaders, from Kach to the Temple Mount Faithful.

The nine demands are:
 1.  An immediate halt to the activities of Israeli army special units inside autonomous the   Palestinian areas.
 2. An end to meetings between Israeli prime minister Binyamin Netanyahu and murderer Pinhas Wallerstein, who killed a Palestinian child in 1988, and other extremist settlers
 3. Removal of the memorial at the gravesite of settler Baruch Goldstein, who committed the massacre at Ibrahimi mosque in Hebron in 1994. The grave has now become a shrine, visited regularly by right-wing Jews, at the settlement of Kiryat Arba.
 4. The disarming of extremist settlers.
  5. To close or jam the transmissions of the  Israeli radio station known as  Arutz, which is owned and operated by settlers
 6. The arrest of  extremist Jewish rabbis.
 7. Israeli government ministers must be held to account for statements they make which amount to nothing more than incitement. Justice Minister Tzahi Hanegbi, who is infamous for his role in an attack at a Jerusalem university where he badly beat several Arab students, must be removed from his position.
 8. An end to the policy of arresting Jewish murderers and then releasing them, either for political reasons or at the courts' discretion.
 9. Review of the sentences issued by Israel's judicial system against Jews who commit crimes against Palestinians, making them equivalent  with sentences issued against Palestinians in the same courts.
 
 
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 Protesting PA use of 1945 regulations

The Ramallah-based human rights organization Al-Haq issued an open letter to the Palestinian Authority on September 16, 1997, summary excerpts of which are presented below:

The Palestinian Authority Attorney-General [Fayez Abu Rahmeh] stated several days ago on the Information Ministry's [television] program "Face the Press" that the British Mandate (Emergency) Regulations in Palestine (1945) continue in force. The attorney-general, commenting on the recent arrests in the territories under PA control,  said that orders for these arrests had not been issued by his office, since all these actions are carried out under the (Emergency) Regulations of 1945, which stipulate to the Authority's absolute power in arrests. The attorney-general stated that these laws are considered still in force to this date, and also remain in force in the territories still controlled by Israel.

In 1987, Al-Haq received a letter from Timothy Renton, then minister for foreign affairs and British colonies, confirming that the Defense (Emergency) Regulations in Palestine of 1945 and all other orders [promulgated under the British Mandate] are null and void. This same position was reaffirmed by the Jordanian authorities. Al-Haq received a letter in 1988 from then director of the Jordanian military judicial system, Tayseer Na'na, clarifying that the 1958 Jordanian constitution did not contain any recognition of these (Emergency) regulations, which confirmed their invalidity, since these (Emergency) regulations contravene the Jordanian Defense Regulations of 1935, which are the basis of the law implemented in the West Bank.

[Contrary to] what the attorney-general has stated, these Defense (Emergency) Regulations of 1945 became null and void from May 14, 1948 [the date of the British withdrawal from Palestine]... They were not in use during the Jordanian era from 1948 to 1967; they were considered effectively null and void under Jordanian legislation. These legal arguments have been extensively debated in more than one legal study available at al-Haq, most importantly that detailing the use of the (Emergency) Regulations [to justify Israeli] expulsion policies.
We are all striving to establish a law-abiding state where human rights are respected and absolute powers that violate citizens' rights are negated. We sincerely hope that we will not repeat the actions of the Israelis regarding the (Emergency) Regulations; when the Regulations were original enforced, they attacked them as similar to Nazi legislation, and then, when they established their state, they began implementing [the Regulations] as part of Israeli laws against us in order to justify some of the same measures they had rejected previously as violating international standards of human rights.

If the Attrorney-General himself has affirmed that these regulations are oppressive, what is now forcing us to implement them? We must be aware that those who declare these regulations in force, in the interests of justifying political arrests by the PA, are unintentionally providing legal jsustification to all Israeli policies and measures which are based on these regulations.

International human rights laws do not prevent a new authority from declaring a state of emergency in certain situations. We do not want to discuss here whether the current Palestinian situation requires the imposition of such a state of emergency, but even in a state of emergency, there are limitations on the powers of the executive authority, who imposed to guarantee respect for a wide range of rights which are detailed in the International Charter of Human Rights. In any case, this [issue] should be dealt with through the Basic Law but, unfortunately, the draft Basic Law has not provided even the minimum protection outlined under international human rights laws.

We hope that the Attorney-General will reconsider his position of implementing the (Emergency) Regulations in the Palestinian territories and we hope that President Arafat and the Legislative Council will take the necessary legislative and non-legislative steps [to redress this situation.]

 
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Camps and city council clash in Nablus
 
by Stephanie Nolen
 

Nablus residents say a dispute between powerful local figures has pitted the city proper against area refugee camps -- in a telling example of the struggle for civil authority that continues in the autonomous Palestinian areas in the wake of the Israeli occupation.
 There has been a historic competition in Nablus between the city and the large refugee camps on its perimeter. That competition was reinforced during the elections for the Legislative Council in January 1996, when three candidates from the camps were elected as part of the seven total representatives from Nablus.
 But the recent trouble began when the municipal council, led by mayor Ghassan Shaka'a, installed new water meters on homes in the city. The new meters produced substantially higher water bills -- and some residents questioned why they were paying so much more than consumers in other districts. But the municipality refused to lower the fees.
 Hussam Khader, a Legislative Council member from Balata Refugee Camp, organized a protest, and many residents of Balata and 'Askar camps refused to pay their bills. (The camps are largely separate from the city, with most of their civil affairs handled by UNRWA; only water and electric services are provided through the municipality.) So the municipality cut them off -- and a stand-off ensued, with both sides accusing the other of political grandstanding.
 The mayor and members of the municipal council then resigned, in the face of accusations about the new water meters and where the profits were going. PA president Yasser Arafat appointed a committee to try and resolve the dispute. The committee was headed by Sakher Habbash, a prominent Fateh member who came back from Tunis with Arafat, and included the governors of Nablus and Ramallah.
 Sakher, however, is originally from Balata Refugee Camp, while the governor of Nablus, Mahmoud al-Aloul, is a historic enemy of the mayor -- and so, complaining of bias, Shaka'a refused to have anything to do with the committee.
 The stand-off continues now, with the resignations officially still in effect, although the mayor and the council continue to carry out their official functions. Shaka'a told Palestine Report  that he had resigned because "it is time", that he felt he had fulfilled his mandate. He denied that there was any tension between him and Khader, and said that while there was some slight disagreement over the water issue, it had been resolved. Hussam Khader could not be reached for comment.
 Muhammed Daraghmeh, a Nablus journalist who writes for al-Ayyam, says that in fact the conflict is continuing, but it is misleading to perceive it as one between the city and the refugee camps -- more accurately, he says, it is a power struggle between Shaka'a and Khader.
 "There is tension between the municipality and the people, that's true, because the people are very upset about the water meters installed by the municipality and the higher water bills ," he said. "But really, these men are two strong characters and they want to control the city."
 Shaka'a  is a Nablus businessman and a member of the executive committee of the PLO.  Daraghmeh says that when he first was appointed mayor of Nablus almost two years, he had the support of the people, because he seemed genuinely committed to improving life in the city after the occupation.
 Khader is a younger man, from Balata Refugee Camp, and was a prominent populist leader during the Intifada. He has become known as one of the most outspoken members of the Legislative Council, a leader in the unofficial opposition. Daraghmeh notes however that he does not have the support of all the camp residents near Nablus.
 While Daraghmeh says the conflict has not particularly upset life in Nablus, he predicts that ultimately it will hurt both leaders. "The people have discovered that they are not good men, that they are mostly concerned with themselves and getting [power] for themselves."

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PA Report to Albright

Since the beginning of the year  to the end of  August, the  Israeli authorities have confiscated over 40,000  dunams (10,000 acres) of Palestinian land, decided on the expansion of 28 Israeli settlements in the West Bank and Jerusalem and begun expansion work in six. The construction of three new settlements was approved one of which is underway at the moment.

From the time Binyamim Netanyahu took office in June 1996 until the end of  August 1997, Israel has begun work on an additional 19,000 new housing units in Israeli settlements in the occupied territories. Among the settlements which have been approved for expansion are Kiryat Arba, Nahlat Shamoun and Pisgat Ze'ev, while three new settlements have received approval in Ras al-Amoud, Mt. Abu Ghneim and in Nablus.

January
_ announcement of the expansion of  the Petsa'el settlement under project plan no.315, entailing the confiscation of hundreds of dunams in the village of Fasayel in the Jordan Valley.

_ expansion of Tomar settlement under the project plan no.316, entailing the confiscation of hundreds of dunams in the village of Fasayel in the Jordan Valley.
_ expansion of  Netiv Hagedud, under project plan no.318, entailing the confiscation of hundreds of dunams in the village of  Ojah in the Jordan Valley.

_ confiscation of 6,900 dunams from villages near Tulkarem in order to begin building the Wadi Teen quarry.

_ evacuation of 50 bedouin families to expand the settlement of Ma'aleh Adumim.
 

March
_ Israeli government  decision to confiscate 12,442 dunams from the villages of Abu Dis, 'Azzariya, Anata and a-Tour to expand the settlement of Ma'aleh Adumim and connect it to Pisgat Ze'ev settlement, where 3,000 new settlement units will be built.
_ March 13-expansion of Givat Ze'ev settlement in northern Jerusalem, which will entail the confiscation of 200 dunams from the village of a-Jeeb.

_ March 5-Israeli government announces the building of 136 settlement units in the Pisgat Ze'ev settlement, where lands from the villages of Hizmeh and Beit Hanina have been confiscated.
_ March 17-the Israeli government announces the expansion of Sha'r Tikva settlement after confiscating 22 dunams from the villages of Basha and Sinriya near Nablus.

_ March 18-start of construction on the Mt. Abu Ghneim settlement of Har Homa.
 

April
_ April 7-Israeli government announces the confiscation of 1,720 dunams from the villages of Abu Dis, Sur Baher, al-Sawahra al-Gharbieh and a-Tour to build a tunnel linking West Jerusalem to the Ma'aleh Adumim settlement, which will entail the demolition of dozens of Palestinian homes.
_ April 24-Israeli government starts expansion on Efrat settlement, which takes 400 dunams from Irtas, al-Khader and Bethlehem.
 

June
_ announcement of a new settlement Har Hadassa in the Nablus area.

_ announcement of expansion of the Yitzhar settlement near Bureen in the Nablus area

_ June 29-Israeli government gives permission for the expansion of the religious school Shofo Banim in 'Aqbat al-Khalidiya in the Old City of Jerusalem.
 

August
_ August 17-announcement of the expansion of the Nahlat Shimon settlement in Jerusalem, which also includes expanding a bus station and three hotels. Land for this project was confiscated from the Islamic Waqf  and the Shawar family in 1968.

_ announcement of the expansion of the settlement of Susiya in Hebron for which lands from the village of Yatta will be taken.

_ announcement of the expansion of  the settlement of Amreem in Hebron, for which lands from al-Dhahiriya have been confiscated.

-announcement to expand the Kiryat Arba settlement in Hebron, for which lands from the city were confiscated.
 

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NewsShortsNewsShortsNewsShortsNewsShortsNewsShorts

Palestinians Will Demand West Jerusalem Property
A number of Palestinians are reportedly considering going to the Israeli court system to attempt to reclaim lost property in West Jerusalem. A high-ranking PA official, who refused to be named, confirmed that Palestinians will pursue property rights, as it becomes apparent that the Israeli government does not intend to leave the status of the city for final status negotiations. Khader Shqeirat, head of the Palestinian Society for the Protection of Human Rights and the Environment (LAW) said his center has thus far gathered documentary proof of ownership for 6,000 of the 10,000 pieces of real estate owned by Palestinians in West Jerusalem.

Foreign Aid News
Egyptian President Hosni Mubarak has ordered Palestinian students at Egyptian universities exempted from paying tuition fees. The US Consulate in East Jerusalem announced last week that the US will make  an additional US$7.5 million contribution to UNRWA and "the US will work seriously with donor countries and other concerned parties to solve the UNRWA budget deficit." The  Palestinian Economic Council for Development and Reconstruction (PECDAR) has signed its first contract for the loans offered by the Arab Loan Fund based in Kuwait. Khalid Najeem, head of  the projects department at PECDAR in Gaza, said the $32 million loan will be used for reconstruction work on Salah Eddin St. in Gaza City and to build state schools and clinics in PA territories.  Japan made its third grant to the Palestinian health sector last week, offering $13 million to fund the purchase of equipment for eight hospitals in the West Bank. The PA and Norway signed an agreement on September 18 under which Norway will give the $61 million over the next  year. Ali Sha'ath, signing on behalf of the PA Planning Ministry, said half the money will be spent on projects in cooperation with the PA while the other half will be used in joint funding through grants to NGOs and UNRWA. The Norwegian government signed an agreement last week, pledging the Palestinian Bureau of Central Statistics $5 million for four years.

Engineer's Mother Sentenced
An Israeli military court sentenced Aisheh Ayyash, the mother of assassinated Hamas activist Yahya "the Engineer" Ayyash  to 40 days in prison and two years suspended for assisting her son in his activities. Aisheh, 52, from Rafat village in the West Bank, was accused of entering Gaza secretly, meeting with her son and taking messages from him to other Hamas members. Ayyash was killed by the Israeli secret service in January, 1996.

Clashes in Hebron
There were violent clashes in the Old City of Hebron on September 18 between Israeli soldiers and Palestinian citizens after some soldiers attacked a Palestinian at the military check-point near Jaber St. Muhammad Salim Eliyan was  beaten after he returned to his home near the Ibrahimi Mosque. A dozen Palestinian youths were injured in the clashes, and six Palestinians were arrested.

Brunei Rumors Spark Wild Hope
The British Consulate in East Jerusalem was forced to issue a statement on September 22 announcing that there was no truth to rumors that 70-100,000 Arabic-speaking workers were needed in the Sultanate of Brunei (whose consular services are handlded by the consulate). A consulate spokeswoman told Palestine Report  that the visa department was "flooded with calls" from Palestinians last week, after the rumors, the origin of which is not known, began to circulate. "We had so many inquiries, we were forced to issue a statement saying it was just rumors and we cannot help people," she said.

Is Arafat Healthy?
Rumors that PA president Yaser Arafat is in poor health have been sweeping the Palestinian territories in the past few weeks, fueled by a number of television appearances where he has appeared pale and haggard. PA Planning and International Cooperation Minister Nabil Sha'ath denied the allegations last week, saying Arafat is suffering very slight health problems which do not in any way affect his ability to lead the Palestinian people, adding that Israel is spreading rumors of the president's ill health in an effort to undermine him and back up their refusal to deal with Arafat in peace negotiations.

Lights May Go Out
in Rafah
Rafah Municipality in the Gaza Strip received a final warning from the Israeli Electric Company last week, saying electric service to the area will be cut off if the municipality doesn't pay up on its NIS 2 million (US$600,000) bill. Rafah Mayor Sa'id Zu'rub said the municipality cannot pay the debt at this time, adding that the municipal deficit has reached NIS 4,700,000 because citizens are not paying their electric bills.

Prison Inspections
The PA allowed journalists working with the foreign press to tour Gaza Central Prison on September 21 to see the 66 political detainees being held there, in an effort to counteract the Israeli allegations that all Hamas members arrested had been released. Most of the 66 are Hamas supporters. Detainee Hussein Ashour, 41, who was an administrative official in secret cells of Iz a-Din al-Qassam Brigades and was arrested in 1996 said the PA crackdown last year had affected the movement, but that the Hamas military wing was able to develop  and find alternatives.  Legislative Council members Ziad Abu Amr, head of the LC Political Committee, and Kamal Sharafi, head of the LC Monitoring and Human Rights Committee, made an inspection tour in the same prison a few days earlier and met with a group of  prisoners; they also received a report from Col. Hamdi al-Rifi, head of the PA prisons department, on the prisoners' conditions in Gaza.

Closure Orders
Israeli authorities issued a closure order against a mosque and a club in Samou' and Doura villages in the Hebron area on September 19, on  the pretext that activities held there are threatening Israeli security. Area Waqf director Sheikh Salah al-Natsheh rejected the order, saying it was adopted for political reasons and has nothing to do with security.

Arafat Forbidden to Land in Gaza
Israel refused to allow PA president Yasser Arafat's plane to land at Gaza International Airport last week, violating an agreement reached last March which stipulated that Arafat has the right to use the Palestinian airport for landing or taking off in his personal jet or helicopter. Fayez Zeidan, head of the Palestinian Civil Aviation Authority said the Israeli measures were further proof that Israel is not serious about implementing agreements signed with Palestinians.

Passport Update
The PA Interior Ministry says that 290, 000 Palestinian passports have been issued to Palestinians in the West Bank and Gaza since the PA assumed its authority in the area.
No Call to Prayer
For the third consecutive week last week, Israeli soldiers guarding the Ibrahimi Mosque  in Hebron banned  local Muslim residents form using loudspeakers to call for night prayers on Friday, saying that to do so would violate the Jewish sabbath. Palestinians responded that the Israeli order was a violation of their right to free religious worship and accused Israel of attempting to concert the  mosque into a Jewish synagogue.

"Easing Measure"
No Help
PA Labor Minister Samir Ghosheh described Israel's decision last week to  allow Palestinian laborers aged 49 years or more to apply for permits to work in Israel as "strange" and no help at all. He said it was "almost impossible" to find day laborers who met those conditions, adding that only 70 laborers entered Israel although Israel had said that  4,000 could apply.

Stock Unstable
The nascent Palestinian securities exchange has been battered by recent political events. There was a noticeable improvement in trading at the start of last week, with the al-Quds index rising slightly, closing at 106.09, an increase of 0.72, on a volume of 47,440 shares for a value of JD65,105 (US$98,000). But at the end of the week, the index was down 0.02 for a close of 106.07 on a volume of 528,200 shares with a value of JD539,474.
 

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Occupation Update
While Israeli troops have redeployed to the edge of the Gaza Strip and from all or part of seven West Bank cities, the Israeli occupation of the Palestinian territory is by no means finished. The JMCC seeks to keep a record of acts of Israeli violence (both military and civilian), and collective punishment. The following figures are for the week July 16 to 22 and were compiled from the Palestinian press and JMCC sources. They should not be considered a complete list of the ongoing Israeli violations of human rights of Palestinians.

ARRESTED Hundreds of Palestinians have been arrested throughout the week in the Nablus area.

CLOSURES Comprehensive closure between Palestinian areas and Israel continues.

UNDER SIEGE Village o Asira al-Shamaliya under Israeli siege.
 

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