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Palestinian Unilateral Declaration of Independence

Background

The Palestinian Authority (PA) is seeking international support for a unilateral declaration of independence (UDI) for a Palestinian state with borders based on the 1949 armistice lines (aka the “pre-1967 lines”). Palestinian leadership plans to avoid negotiations with Israel and bring the plan to the United Nations in September.  In 1988, Yasser Arafat, then leader of the PLO, also declared a Palestinian state at the UN. The Security Council and 93 governments supported the move, however no Palestinian state was achieved since no negotiations with Israel took place.

KEY POINTS

• The UN General Assembly: Should the Palestinians bring their proposal to the UN General Assembly, they will likely receive a majority of votes in favor. However these countries will mostly be from the “Arab Bloc” and several South American and African nations – many of whom are dictatorships or suppressive, authoritarian regimes.

• Recognition by the UN will not necessarily bring a Palestinian state: Since the UN General Assembly can only make recommendations, rather than a binding mandate, supporters of the PA will likely bring their proposal to the UN Security Council, whose decisions are legally binding. However, the United States has already vowed to impose its veto as a permanent member.

• The United States and most major democracies oppose Palestinian UDI: Both houses of Congress have overwhelmingly passed bipartisan resolutions opposing Palestinian efforts to seek unilateral recognition of statehood at the UN and urging Palestinians to return to direct talks with Israel. President Obama has also vowed to use the US veto at the Security Council to stop a Palestinian statehood declaration. Canadian and European leaders have also expressed similar views, including France,Italy, and Germany.

• UDI bypasses negotiations and makes negotiations almost impossible: A unilateral declaration of statehood violates the Oslo Accords and also rejects the imperative laid down by the Middle East Quartet in March 2010. This demands “the resumption, without preconditions, of direct, bilateral negotiations that resolve all final status issues as previously agreed by the parties.”

• Palestinians have never made a settlement freeze a pre-condition to negotiate: In the 18 years since the Oslo Accords, Palestinian leadership has never used settlement construction as an excuse not to negotiate. PA President Mahmoud Abbas himself negotiated with seven previous Israeli Prime Ministers without such a demand.

• Peace requires dialogue and mutual recognition: Israel supports a lasting peace achieved through direct negotiations and opposes any Palestinian UDI. Such action would hinder prospects for peace and fail to resolve the major issues. Nations that provide unilateral recognition give Palestinians a way out of dialogue.

Download

ISSUE BRIEF: Palestinian Unilateral Declaration of Independence (PDF), 8/1/2011