Uprising in the Arab World: Implication for EU Policy The Emerging States: the case of Palestine Alla Zakharchenko Odesa Mechnikov National University

The United Nations Partition Plan for Palestine 1947 On 29 November 1947 the General Assembly of the UN adopted Resolution 181 (II) – The Unites Nations partition Plan for Palestine. It proposed the partition of Mandate Palestine into an Arab state, a Jewish state and a Corpus Separatum for Jerusalem.

The United Nations Partition Plan One day before the expiration of the British Mandate for Palestine, on 14 May 1948, Israel declared its independence within the borders of the Jewish State set out in the Partition Plan. The next day the Arab countries declared war on the newly formed State of Israel heralding the start of the 1948 Arab-Israeli War. As a result of the war Palestinian territories were occupied by Israel and Arab states. Palestinian state was not created.

The Six-Day War The Six-Day War in 1967, when Egypt, Jordan and Syria fought against Israel, ended with significant territorial expansion by Israel, including the whole of the West Bank and Gaza Strip, which remain under Israeli occupation.

The Palestinian Liberation Organization In 1964, when the West Bank was controlled by Jordan, the Palestine Liberation Organization (PLO) was established there with the goal to confront Israel. The 1974 Arab League summit designated the PLO as the sole legitimate representative of the Palestinian people and reaffirmed their right to establish an independent state of urgency. On 22 November 1974, United Nations General Assembly Resolution 3236 recognised the right of the Palestinian people to self-determination, national independence and sovereignty in Palestine. It also recognised the PLO as the sole legitimate representative of the Palestinian people, and accorded it observer status in the United Nations (which entitles it to speak in the UN General Assembly but not to vote).

Palestinian Declaration of Independence in 1988 On 15 November 1988 the Palestinian Liberation Council (PLO) unilaterally proclaimed the establishment of the State of Palestine. At the time of the 1988 declaration, the PLO did not exercise control over any territory, and its claimed territory remains under Israeli occupation. The UN GA officially "acknowledged" the proclamation of the Declaration of Independence and voted to use the designation "Palestine" instead of "Palestine Liberation Organization" when referring to the Palestinian permanent observer.

International Recognition The proclaimed State of Palestine is currently recognized by over 125 countries of the 193 member states of the United Nations

International Recognition The State of Palestine is quite widely recognized by states, although often in equivocal terms. In states that recognise the State of Palestine it maintains embassies (104 states). Many of the countries that don't recognise the State of Palestine nevertheless recognise the PLO as the representative of the Palestinian people (total 38, and the European Union). The Palestine Liberation Organization is represented in various international organizations as member, associate or observer (AL, OIC, UN, WHO, UNESCO, etc). Though no independent Palestinian state has come into existence in the Palestinian territories since 1988.

Diplomatic Missions in Palestine

Oslo Accords In 1993, in the Oslo Accords, Israel acknowledged the PLO as "representing the Palestinian people", in return for the PLO recognizing Israel's right to exist in peace, and its rejection of "violence and terrorism". As a result of the Oslo Accords the PLO established an interim administrative body: the Palestinian National Authority (PNA), that exercises some governmental functions in parts of the West Bank and Gaza Strip. Oslo peace process did not resulted in creation of Palestinian State.

Obstacles for Establishing a Palestinian State The main issues currently obstructing an agreement are: Borders Security ongoing settlement expansion in the West Bank Jerusalem and freedom of access to religious sites Palestinian refugees including the right of return, etc.

HAMAS victory in 2006 In the January 2006 Palestinian parliamentary elections Hamas won a decisive majority in the Palestinian Parlament. Following the inter- Palestinian conflict in 2006 Hamas took over control of the Gaza Strip, and Fatah took control of the West Bank. Currently the Gaza Strip is governed by Hamas, and the West Bank by Fatah.

Two Governments in Palestinian Territories

Road For Palestinian Statehood The plan, entitled Road For Palestinian Statehood, was formally backed by the Arab League in May 2011, and was officially confirmed by the PLO on 26 June. The proposals include the Gaza Strip, which is currently controlled by the Hamas, the West Bank, which is administered by the Fatah faction of the Palestinian national Authority, and East Jerusalem which is under Israeli sovereignty.

Membership in the UN Membership in the United Nations is open to all other peace loving states, says Article 42 of the UN Charter. But in order for a state to gain membership in the General Assembly, its application must have the support of two-thirds of member states with a prior recommendation for admission from the Security Council. This requires, in particular, the absence of a veto from any the Security Council's five permanent members. The United States has already threatened to block any favourable Security Council decision by veto.

Israeli Position The Israeli government accepted in general the idea that a Palestinian state is to be established, but refused to accept the 1967 border. The PNA decision has been labeled by the Israeli government as a unilateral step which violates Oslo agreements. Other issues of concern: Hamas, terrorism, new regional environment after the Arab Spring, etc. Efforts from both Israel and the U.S. have focused on pressuring the Palestinian leadership to abandon its plans and return to negotiations.

Possible outcomes Positive Demand for United Nations membership wins the PNA international favour. In the case of positive voting Palestine will receive status of full member or state- observer in the UN (as Vatican) Negative The UN move may lead to both political and financial strangulation of the PNA (including decreasing of European and American economic support) Unilateral action of PNA could damage positive results of previous negotiation, opening the road for Israeli unilateral steps.

Conclusion The Palestinian people can and should demand that the UN fulfil its obligations to them to help them recover their usurped land and rights. Nevertheless even positive UN vote would not effect any meaningful change - the current observer status of the PLO will be transformed into full membership of a non-existing state. The main problems of the Palestinian- Israeli conflict (borders, security, settlements in the West Bank, Jerusalem and refugees), which are essential for creation of the Palestinian States could be resolved only by conflicting parties themselves.