Archive | September, 2017

Apartheid and the Future of Israel/Palestine

20 Sep

 

[Prefatory Note: There has been lots of discussion prompted by the release of a report jointly authored with Prof. Virginia Tilley, a study commissioned by the UN Economic and Social Commission for West Asia (ESCWA), and given by us the title, “Israeli Practices towards the Palestinian People and the Question of Apartheid.” The interview, associated with my current visit to Belgium and France to speak on various aspects of the analysis and implications of the report, brings up to date the controversy generated at the UN by its release a few months ago, and by the willingness of the UN Secretary General to bow to U.S. pressure and order the removal of the report from ESCWA website. The interview questions were posed by veteran Middle East correspondent, Pierre Barbancey, and published in l’Humanité, Sept. 6, 2017.]

 

 

 

1 YOU HAVE PUBLISHED A REPORT: WHO ASKS FOR THAT AND WHY?

 

The Report was commissioned by the UN Economic and Social Commission for West Asia in 2016 at the request of its Council, which has a membership of 18 Arab states. Professor Virginia Tilley and I were offered a contract to prepare a report on the applicability of the crime of apartheid to the manner in which Israeli policies and practices affected the Palestinian people as a whole, and not as in previous discussions of the applicability of apartheid, only to those Palestinians living since 1967 under Israeli occupation. The originality of the Report is to extend the notion of apartheid beyond the Occupied Palestinian Territories, and investigate its applicability to Palestinians living in refugee camps in neighboring countries, to those Palestinians enduring involuntary exile abroad, and to those existing as a discriminated minority in Israel.

 

2) What are the conclusions of the ESCWA Report?

 

The most important conclusion of the Report was that by careful consideration of the relevant evidence, Israel is guilty of the crime of apartheid as defined in the 1976 International Convention on the Suppression and Punishment of the Crime of Apartheid with regard to the Palestinian PEOPLE AS A WHOLE, that is, Palestinians living under occupation as refugee and in involuntary exile, and as a minority in Israel are all victimized by the overriding crime. The Report also found that Jews and Palestinians both qualify as a ‘race’ as the term is used in the Convention, and that Israel to sustain a Jewish state established by ‘inhuman acts’ a structure of oppressive and discriminatory domination by which the Palestinians were victimized as a people.

 

A second conclusion of importance is that the Rome Statute governing the International Criminal Court considers apartheid to be one type of ‘crime against humanity,’ which does not necessarily exhibit the same features as pertained to the apartheid regime in South Africa, the origin of the concept and crime, but not a template for its subsequent commission.

 

A third conclusion is that given the existence of apartheid, sustained to maintain a Jewish state in Palestine, all sovereign states, the UN, and civil society all have a legally grounded responsibility to take all reasonable steps of a nonviolent character to bring the commission of the crime to an end.

 

A fourth conclusion is that the Report is an academic study that draws conclusions and offers recommendation on the basis of a legal analysis, but it is not a duly constituted legal body empowered to make formal findings with respect to the allegations that Israel is guilty of apartheid.

 

 

 

3) WHAT WAS THE REACTIONS?

 

We experienced two contradictory sets of reactions.

 

From ESCWA the report was received with enthusiasm. We were told it was the most important report that ESCWA had ever published, with by far the largest number of requests for copies.

 

At the UN, the report and its authors were strongly attacked by the diplomatic representatives of the United States and Israel, with the demand the UN acted to repudiate the report. The Secretary General instructed the Director of ESCWA to remove the report from its website, and when she refusing, she tendered her principled resignation explained in an Open Letter to the Secretary General. It should be appreciated that this was an academic report of international law experts, and never claimed to be an official reflection of UN views. A disclaimer at the outset of the Report made this clear.

 

4) WHAT HAPPENED NOW WITH THE REPORT?

 

The status of the report within ESCWA is not clear. As far as I know the report itself has not been repudiated by ESCWA. In fact, it has been endorsed in a formal decision of the 18 foreign ministers of the ESCWA countries, including a recommendation to other organs of the UN System that the findings and recommendations of the Report be respected. Beyond this, the report has altered the discourse in civil society and to some extent, in diplomatic settings, making the terminology of ‘apartheid’ increasingly displace the emphasis on ‘occupation.’

 

 

5) ISRAEL SAYS THAT THE BDS MOVEMENT IS ANTI-SEMITIC. WHAT IS YOUR ANSWER?

 

This is an inappropriate and even absurd allegation. The BDS Campaign is directed against Israeli policies and practices that violate international law and cause great suffering to be inflicted on the Palestinian people. It has nothing whatsoever to do with hostility to Jews as persons or as a people. The allegation is clearly designed to discredit BDS and to discourage persons from lending it support or participating in its activities. It is an unfortunate and irresponsible use of the ‘anti-Semitic’ label designed to manipulate public opinion and government policy, and inhibit activism.

 

6) IN FRANCE YOU CAN BE PUT IN COURT IF YOU ACT FOR BDS, LIKE A CRIME. DO YOU HAVE ANY KNOWLEDGE OF SIMILAR SITUTIONS IN OTHER COUNTRIES?

 

I know there have been efforts in Europe and North America to criminalize support for BDS, but so far as I know, no formal laws have yet been brought into existence, and no indictments or prosecutions, outside of Israel and France, have taken place. I am not entire clear as to what has happened in Israel along these lines, although I know that Israel has been denying BDS supporters from abroad entry into the country.

 

7) WHAT IS YOUR EXPERIENCE AS SPECIAL REPORTEUR OF THE UNITED NATIONS IN THE PALESTINIAN TERRITORIES AND IN ISRAEL?

 

My experience as UN Special Rapporteur in Occupied Palestine on behalf of the Human Rights Council was both frustrating and fulfilling. It was frustrating because during my six years as SR the situation on the ground and diplomatically worsened for the Palestinian people despite the documented record of Israeli human rights abuses. It was fulfilling because it enabled a forthright presentation of Israeli violations of basic Palestinian rights, which had some influence on the discourse within the UN, building support for corporate responsibility in relation to commercial dealing with Israel’s unlawful settlements on the West Bank and East Jerusalem as well as shifted some of the discourse within the UN from ‘occupation’ to ‘settler colonialism’ and ‘apartheid.’

 

It was also something of a personal ordeal as I was constantly subject to defamatory attacks by UN Watch and other ultra Zionist NGOs and their supporters, also organizing efforts to have me dismissed from my UN position and barred from lecturing on university campuses around the world. Fortunately, these efforts failed by and large, but they did have the intended effect of shifting the conversation from substance to auspices, from the message to messenger.

7) 70 YEARS AFTER THE DIVISION OF PALESTINE BY THE UNITED NATIONS  HOW DO YOU SEE THAT DECISION?

 

The1947 partition resolution [GA Res. 181] was part of the exit strategy of the British colonial administration in the mandate period that controlled Palestine after the collapse of the Ottoman Empire at the conclusion of World War I. This approach was flawed in several basic respects: it neglected the will of the majority Arab and non-Jewish domestic population, and imposed a solution to the conflict without consulting the inhabitants; it also within its own terms failed to secure Palestinian rights or its sovereign political community, or even to uphold international humanitarian law. The UN never effectively implemented partition, and thus gave Israel the de facto discretion to impose its will on the entire territory of Palestine, including the expulsion of 750,000 Palestinians in the 1947 War, which overcame the demographic imbalance, and allowed itself to be branded to this day as ‘a democracy,’ even being hailed as ‘the only democracy in the Middle East.’ The US and Europe played a crucial geopolitical role in producing these developments, which rested on an Orientalist mentality lingering in the West.

8) IS THERE A SOLUTION FOR THE PALESTINIAN TO RECOVER THEIR RIGHTS AND TO LIVE IN THEIR OWN STATE?

 

It is difficult to envision the future at this stage, yet it is clear that the Palestinian national struggle is continuing both in the form of Palestinian resistance activities and by way of the international solidarity movement, of which the BDS Campaign is

by far the most important undertaking. In my judgment until there is exerted enough pressure on the Israeli government to change course drastically, signaled by a willingness to dismantle the laws and procedures associated with the current apartheid regime used to subjugate the Palestinian people, there is no genuine prospect for a political solution to the conflict. Such a change of course in South Africa occurred, against all expectations at home and abroad, and partly in response to pressures generated by this earlier version of an international BDS campaign. My hope is that as the Palestinian people continue to win the ongoing Legitimacy War, this pattern will eventually be repeated, leading after a prolonged struggle to a sustainable peace between these two peoples based on the cardinal principle of equality. This will not happen, tragically, until there is much suffering endured, especially by Palestinians living under occupation, in refugee camps and involuntary exile, and as a discriminated minority within Israel. This Palestinian ordeal has gone on far too long. Its origins can be traced back at least a century ago when in an undisguised colonial gesture of the British Foreign Office pledged its support for the establishment of a Jewish homeland in historic Palestine to the World Zionist Movement in the form of the Balfour Declaration (1917). The competing national narratives of what transpired over the subsequent century tell different stories, each with an authentic base of support in the relevant community, but only the Palestine narrative can gain present comfort from the guidelines of international law, above all, the inalienable right of self-determination

 

 

Advertisements

Remembering Ebrahim Yazdi

13 Sep

[Prefatory Note: I am republishing in modified form a short tribute to the memory of Ebrahim Yazdi. My original text, including its Arab translation, can be found at this link– http://tarikhirani.ir/fa/files/112/bodyView/1098 I had the privilege of knowing Dr. Yazdi, a pharmologist living in Houston until the Iranian Revolution of 1978-79, for the last 35 years of his life. A close associate of Ayatollah Khomeini, Dr. Yazdi became Foreign Minister in the Interim Government established immediately after the revolution succeeded, but resigned following the seizure of the American Embassy in November 1979, the point at which the Iranian revolution was dramatically radicalized and theocratized. For the remainder of his life, although remaining a devout Muslim, Dr. Yazdi struggled on behalf of constitutional democracy within the frame of the Islamic Republic of Iran. For these activities he was eventally sentenced to eight years in prison, and released a few years ago for health reasons.

 

More importantly, as my essay tries to highlight, Dr. Yazdi believed that despite the formal theocratic trappings, the democratic spirit continued to flourish among the Iranian people, and was indeed gradually transforming the Iranian state from within and below. Such a perception is especially important as this positive development has been put at serious risk by the Netanyahu, Salmon, Trump confrontational and warmongering diplomacy that strengthens the hand of hardliners within Iran and correspondingly weakens the positions of those continuing Dr. Yazdi’s brave struggle for a pluralist, tolerant, and progressive future with normalized relations with neighbors and the world.]

 

 

Remembering Ebrahim Yazdi

For all those dedicated to the attainment of real democracy, the name and life of Ebrahim Yazdi is a precious legacy worth reflecting upon because it has so much to teach us today. Among those who struggled for an Iranian future that was Islamic, genuinely democratic, and humanly decent no one was more steadfast and clear about their commitment than Dr. Yazdi. He participated in the revolution that overthrew the Shah long before its victory was achieved, and yet he vigorously opposed the radicalizing tendencies that led to the take over of the Iranian governing process at the time of the seizure of the American Embassy in Tehran in November 1979.

 

I first met Dr. Yazdi in the middle of 1978 when he led a group of student activists at an event organized at Princeton University where I was a faculty member. It was my first encounter with the religious wing of the overseas movement opposed to the Shah. I had been previously supportive of those opposing the American interference in the internal affairs of Iran, a reality that existed ever since 1953 when the CIA played such a major role in the overthrow of the elected government of Mohammad Mosaddeq. Until meeting with Dr. Yazdi I had not adequately appreciated the role of Ayatollah Khomeini as the real leader of this extraordinary nonviolent revolution unfolding in Iran that seemed to be growing stronger each day.

 

Some months later I had the opportunity to meet Ayatollah Khomeini in Paris, and was impressed at the time by his seeming commitment to resume a religious life and let post-Shah Iran be run in Tehran by political figures dedicated to establishing a humane relationship between the Iranian state and its people. I was struck by the degree to which the moderate views of Dr. Yazdi seemed also to inform the outlook of Ayatollah Khomeini, as well as Mehdi Bazargan, who had been my host during a political visit to in the midst of the climactic phase of the revolution in Iran and just prior to the meeting in Paris.

Dr. Yazdi was an early supporter of Khomeini’s leadership and encouraged a post-Shah governing process that would be guided by a strong constitution and led by officials selected by the people in fully free elections. However, this moderate vision of the Islamic Republic of Iran was opposed all along by various hardline elements in the Khomeini entourage, while this spiritual leader’s attitude seemed unformed when it came to the post-revolutionary governing process. The views of Dr. Yazdi seemed to win out at first as reflected by the character of the Interim Government, but gradually lost out, being decisively rejected after the embassy seizure that led to Dr, Yazdi’s resignation as Foreign Minister and Deputy Prime Minister of the Interim Government that had been earlier appointed by Khomeini to run the country immediately after the revolutionary victory and until elections could be organized.

 

No one has yet clarified whether Dr. Yazdi was correct in thinking that Khomeini was undecided as to how post-Shah Iran should be governed until around the time of the hostage seizure, which had been provoked by the Shah’s admission to the U.S. supposedly for medical treatment, although others suspected Washington’s counterrevolutionary intentions. Reading his lectures on the governance of an Islamic republic gave one sense, his early tendency to surround himself with secular liberal political figures in Europe and America created a different impression. I had several intelligent friends who were strong supporters of Khomeini’s leadership at first who became disenchanted later on, and chose exile or endured imprisonment and severe alienation. Dr. Yazdi never chose the path of disenchantment and alienation.

 

Rather than withdraw from the political arena after removing himself from a position of governmental authority, Dr. Yazdi entered the opposition, forming a political party, the Freedom Movement of Iran, which was dedicated to the democratizing of Iran by legal means. He even sought the presidency as the party’s candidate in 2005. It is a tribute to Dr. Yazdi’s courage and perseverance that he never lost faith in this democratizing mission, and believed that despite all the adverse Western criticisms of the Iranian government, the people of Iran were increasingly learning, and even practicing, the true virtues of democracy, and more significantly, that this pattern of practice was slowly but surely transforming the reality of the Islamic Republic of Iran in desirable directions.

 

It is this faith in the Iranian people and the related conviction that democracy, if it is to take root, must be grown and nurtured from within a country and in harmony with its distinctive political culture that is the core belief of Dr. Yazdi. As such, Dr. Yazdi’s view clashed with America’s ‘international liberalism’ that acted as if democracy could be imposed from without, a position that reached its disastrous climax by the attack on and occupation of Iraq after 2003, an intervention partially justified under the banner of ‘democracy promotion.’

 

Dr. Yazdi was sentenced to prison by a military court during the Shah’s rule for anti-government activity and then imprisoned in Iran under similar charges, being released only after an international campaign appealed to Iranian authorities on grounds of health. The legacy that Dr. Yazdi leaves behind is the profound political message that not only can an Islamic orientation toward governance be combined with democratic pluralism, tolerance, constitutionalism and a receptivity to all that modernity has to offer, but that is must be so combined if humane governance is to be achieved for Iran and other countries seeking to embed the best of their political culture and religious traditions in their political institutions.

 

A crucial part of this message, which few have so far grasped in the West, is that this process of democratization is presently being realized by the Iranian people and many of their leaders despite many past mistakes and in the face of criminal abuses by the regime, and that democracy can arise unexpectantly when a convergence of ethics, religion, and politics takes place.

 

Dr. Yazdi’s way of interpreting Iranian developments is being dangerously obscured in the West by the current aggressive postures adopted and inflammatory propaganda disseminated by Israel, Saudi Arabia, and the United States. We who wish for peace and justice can only hope that Dr. Yazdi’s vision comes to prevail in Iran and is respected by the world, and especially by the United States. Although his lifelong preoccupation was Iran, Dr. Yazdi’s deep engagement with democracy has universal applicability, and never more than now, and not only in the Islamic world, but wherever people seek to live together in a spirit of mutual respect and understanding, somewhat along the lines that Jacques Derrida had in mind when he spoke of ‘democracy to come.’