7 February 1992

Doc. 6575

1403-7/2/92-3-E

MOTION FOR A RESOLUTION

on the Israeli occupation of the West Bank,

the Gaza Strip and Eastern Jerusalem

presented by Mr HELLSTRÖM and others

1.       It is of great importance that the Council of Europe, the European Community and members of the United Nations actively support a successful accomplishment of the International Conference on the Middle East.

2.       The participants of that conference have the decisive influence on the achievements of a peaceful solution. The actions of the United States of America for a favourable development of the peace process are of utmost importance. It is vital that Europe plays an increasingly active role in sustaining and fostering further the peace process. The Israeli policy of occupation is a great obstacle to a positive result of the negotiations; and simultaneously there are strong movements for peace in Israel which earn our support.

3.       The Israeli settlements on the West Bank and in the Gaza Strip have increased substantially lately in direct conflict with international law. The actions of the military forces on the West Bank and in the Gaza Strip are an aspect of the situation which is of great concern; and the number of Palestinians that have been killed since the beginning of the Intifada in December 1987 is about 1 000 persons.

4.       Destruction of personal property, collective punishment and deportations are not unusual and conflict with the Fourth Geneva Convention, which forbids such actions by an occupying power; and Israel must cease such unfair treatment in violation of international law.

5.       Since the beginning of the Intifada, some 75 000 persons have been arrested for political reasons; some 15 000 persons have been prosecuted yearly, either in civil court or in military court; and the system with military courts, in which the proceedings are summary and uncertain without possibilities of appeal must be abolished and all those who are imprisoned for political reasons must be set free.

6.       According to reports, for example from Amnesty International and B'Tselem, torture and other brutal treatments occur in areas occupied by Israel, not least when questioning suspects in cases which are handled by military courts.

7.       It is not unusual that suspects are imprisoned up to 18 days without being taken to court; and their lawyers and relatives are often not allowed to visit them.

8.       Confession is often the only proof and the authorities very seldom make investigations in cases of imposed confessions.

9.       Although Israel has ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and promised to take actions against violations, the situation on the whole is unchanged.

10.       Immediate measures must be taken to stop torture and brutal treatment.

11.       According to documentation, very extensive and grave violations of human rights occur also in other countries in the Middle East which must of course also be condemned.

12.       Most occupations around the world have expired; the occupation of the West Bank and the Gaza Strip is becoming one of the last. One cannot keep up the justified requests to Israel, regarding security through occupation, oppression and revenge. Injustices and acts of terror committed against Israel must also be condemned.

13.       The reciprocal violence is a consequence of the fact that it has not been possible to achieve a peaceful solution. Inevitably, Israel, according to international law, has special commitments due to the lengthy illegal occupation. The Palestinian people, who have been exposed to this illegal occupation, also have particular rights, which, in a flagrant way, have been set aside to a great extent and which, unconditionally, should be respected according to international law.

14.       Humanitarian measures for the Palestinian people have been improved but need further strengthening - particularly medical care and treatment for disabled. The situation in the areas of medical care and health care is serious and will so remain during 1992; and important institutions are totally dependent on technical assistance.

15.       Monitoring and assistance in the area of human rights by the Council of Europe need to be expanded, partly through co-operation with other human rights organisations like UNWRA which has widened its operations to include monitoring of human rights.

16.       The university in the occupied area which is now closed must be opened immediately.

17.       The European Conference on Security and Co-operation has had great importance for the co-operation and the peaceful development in Europe and a similar conference should now be aimed at for the Middle East, possibly to be called the Conference on Security and Co-operation in the Middle East.

18.       Accordingly we propose,

i.       that the Council of Europe actively acts for a fair and permanent peace in the Middle East;

ii.       that the Council of Europe decides strongly to condemn the Israeli settlements and the destruction of Palestinian property on the West Bank, in the Gaza Strip and in Eastern Jerusalem, as well as the collective punishment and the deportations of Palestinians, the extensive use of torture and political detentions in areas militarily occupied by Israel; and that the Council of Europe expresses that Israel should immediately cease these actions which are serious violations of international law by an occupying power;

iii.       that the Council of Europe appeals for increased economic assistance from the member states for emergency relief and humanitarian measures to the people in occupied areas;

iv.       that the Council of Europe appeals for increased allowances from member countries to UNWRA;

v.       that the Council of Europe acts for implementation of the recommendations by Amnesty International and B'Tselem to the Israeli Government and authorities;

vi.       that the Council of Europe asks that Israel immediately opens the university in the occupied area which is now closed; and

vii.       that the Council of Europe appeals to the participants in the peace process to establish a Conference on Security and Co-operation in the Middle East.

Signed:       HELLSTRÖM, SVENSSON, HÅVIK, ESPERSEN, HALONEN, NYBAKK, PERSSON, GJØRV, SKAUG, CUCÓ, GUIRADO, FAULDS, LAMBIE, HUGHES