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EU Presidency Statement - Report of the Special Committee to investigate Israeli Practices affecting the human rights of the Palestinian People and other Arabs of the Occupied Territories

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Mr. Chairman,

I have the honour to speak on behalf of the European Union. The Candidate Countries Bulgaria, Romania, Turkey and Croatia , the Countries of the Stabilisation and Association Process and potential candidates Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and Serbia and Montenegro align themselves with this declaration.

Mr. Chairman,

In this difficult moment, the European Union expresses its solidarity with the Palestinian people. It encourages the Palestinian leadership to demonstrate a strong sense of responsibility in ensuring the regular functioning of Palestinian institutions. The European Union considers it essential that a legitimate leadership continues to resolutely pursue the path towards peace in the Middle East.

Mr. Chairman,

The European Union is gravely concerned at the recent unprecedented cycle of retaliatory violence in Israel and the Occupied Territories. The European Union reiterates its full and unconditional condemnation of all forms of terrorism, including rocket attacks into Israel, and calls upon the Palestinian Authority to take firm action against the planners and perpetrators of such terrorist acts. Though the Union recognises that Israel has the right to protect its citizens from terrorist attacks, it stresses that the exercise of this right should take place within the boundaries of international law.

The Union also condemns the disproportionate nature of the Israeli military actions in the Gaza Strip. These actions have claimed the lives of many innocent civilians, including children, and left many injured. Like Israel, the members of the European Union are state parties to the Fourth Geneva Convention, and in this capacity, the EU once again calls on Israel to fully respect the Fourth Geneva Convention. The EU reminds Israel of its obligation to ensure full and secure access for the diplomatic missions and humanitarian organisations.

The European Union, having heard, among others, the Special Rapporteur on the Situation on the Human Rights in the Palestinian Territories occupied since 1967, calls on Israel to respect humanitarian and human rights law and comply with its obligations.

Mr. Chairman,

The European Union calls upon both parties to end the spiral of violence and to implement their obligations. The Union emphasises that the only way to achieve lasting peace in the Middle East is through the resumption of security co-operation and direct negotiations between the parties, as called for in the Roadmap.

The European Union, recalling the established EU positions, remains committed to the two-State solution as laid out in the Roadmap and agreed between the parties, which would result in a viable, contiguous, sovereign and independent Palestinian State existing side by side in peace with an Israel living within recognised and secure borders.

The European Union reiterates its view that an Israeli withdrawal from the Gaza Strip and part of the Northern West Bank could represent a significant step towards the implementation of the Roadmap. The EU expresses its willingness to support such a withdrawal, provided that it comprises a full and complete withdrawal and is implemented in accordance with the five conditions laid down by the European Council in March 2004:

• it took place in the context of the Roadmap;
  
  
• it was a step towards a two-state solution;
  
  
• it did not involve a transfer of settlement activity to the West Bank;
  
  
• there was an organised and negotiated hand-over of responsibility to the Palestinian Authority;
  
  
• and Israel facilitated the rehabilitation and reconstruction of Gaza.

In the light of recent statements, the European Union also underlined that the withdrawal must not be an attempt to replace the Roadmap and the two-State solution it encompasses. It also recalled that settlement activity is contrary to the Roadmap.

Mr. Chairman,

The EU is gravely concerned by the continued severe restrictions imposed on the freedom of movement of persons and goods. We call on Israel to lift the blockade on the occupied territories and, in line with Security Council resolution 1435, we reiterate that Israel must undertake an expeditious withdrawal of occupying forces from Palestinian cities and return to the positions held prior to 28 September 2000.

The European Union acknowledges the Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The European Union demands that Israel stop and reverse the construction of the separation barrier in the Occupied Palestinian Territory, including in and around Jerusalem, which is in departure of the Armistice Line of 1949 and is in contradiction to relevant provisions of International Law. It undermines Palestinians trust in the Road Map and could prejudge final borders of a future Palestinian State.

The EU urges the Government of Israel to implement its obligations under the roadmap, including dismantling of settlement outposts erected since March 2001, and to impose a settlement freeze, as called for in the Roadmap. The lack of action in this regard is a cause for concern. The EU also call on the Government of Israel to take all possible steps now, consistent with Israel's legitimate security needs, to ease the humanitarian and economic plight of the Palestinian people.

Finally, the European Union reaffirms its commitments to a just, comprehensive and lasting settlement to the Arab-Israeli conflict based upon Resolutions 242 and 338, and will remain engaged with all parties to help ensure that progress toward this goal is achieved.

Thank you, Mr. Chairman.

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