UNSC: MIDDLE EAST OPEN DEBATE - NON-MEMBERS

UNCLAS SECTION 01 OF 04 USUN NEW YORK 000928 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL KWBG KPAL UN IS LE SUBJECT: UNSC: MIDDLE EAST OPEN DEBATE - NON-MEMBERS CRITICIZE ISRAEL FOR GOLDSTONE REPORT AND EAST JERUSALEM TENSIONS REF: A. STATE 106424 ¶B. USUN NEW YORK 500 ¶1. (SBU) Summary: On 14 October, the Security Council held its Open Debate on the Middle East. Under Secretary-General Pascoe briefed the Council on recent events, noting that there had been no significant progress on the peace process. He referred to recent tensions in East Jerusalem as well as within the Palestinian community in reactions to the Human Rights Council's (HRC) decision to defer the Goldstone report. The Palestinian Foreign Minister briefed the Council and focused on what he termed Israel's intransigence and defiance on the peace process. He called for the HRC to endorse the Goldstone report and convey it to the pertinent UN bodies. The Israeli Perm Rep specifically referred to the continuing rocket fire from Gaza and the recent explosion in southern Lebanon and described both areas as occupied by terrorists. She called for the international community to recognize Israel's right to self-defense. All 15 Security Council members spoke, with all maintaining their usual positions on the subject and many calling for the Goldstone report discussion to be first concluded in the Human Rights Council before being discussed in the Security Council. Twenty-seven non-Council member delegations spoke; many criticized Israel's actions in the region. (Note: Lebanon chose not to speak at the debate. Usually, Lebanon participates in Open Debates but was running in the next day's (October 15) election as Security Council elected member candidate. End note.) End summary. Secretariat briefing -------------- ¶2. (SBU) On October 14, Under Secretary-General for Political Affairs Lynn Pascoe briefed the Security Council at the start of the Council's regular monthly meeting on the Middle East, which this month took the form of an Open Debate. He noted that there had been no significant progress on the peace process, though Special Envoy Mitchell has been back in the region. He emphasized the need for greater political will from the two parties. He then turned to recent developments in the region since the Secretariat's last briefing to the Council on September 17, including the incidents in East Jerusalem and on the Haram al-Sharif/Temple Mount compound and the tensions within the Palestinian community in reaction to the Human Rights Council's deferral of the Goldstone report. He repeated the Secretary-General's call for all sides to exercise restraint. On the Goldstone report, he referred to the Secretary-General's repeated statements that "peace and justice are two sides of the same coin" and his call for credible domestic investigations into the conduct of the conflict. He noted the continuing rocket fire from Gaza and the lack of an Israeli response to the UN's pilot reconstruction project proposal for Gaza. On Lebanon, he said that Prime Minister-designate Saad Hariri continues to engage in intense consultations to form a government and that the UN believes the early formation of such a government is critical to enabling the country to face important challenges. He referred to the recent explosions in Tripoli and said that UNIFIL is investigating the October 12 explosion in Tayr Filsay in southern Lebanon. Palestinian FM: Israel's intransigence and defiance jeopardize peace prospects -------------- ¶3. (SBU) Palestinian Foreign Minister Riad al-Malki highlighted what he termed Israel's intransigence and defiance in not returning to the peace process and in continuing to obstruct the reconstruction of Gaza. He called the Goldstone report another wake-up call which needs the Human Rights Council's (HRC) urgent attention. He detailed the conclusions of the report against Israel and acknowledged the allegations against the Palestinian side. He underscored, "While we reject any equation of the occupying power's aggression and crimes with actions committed in response by the Palestinian side, we wish to reaffirm that there is no symmetry or proportionality between the occupier and the occupied." He reaffirmed that domestic legal investigations would be pursued on the Palestinian side. He called the Goldstone report "another damning record of the Israeli crimes" and referred to previous investigations, including the Secretary-General's Gaza Board of Inquiry and investigations by various NGOs. He said he hoped the HRC would endorse the report and formally convey it to the pertinent UN bodies, in conformity with the report's recommendations. He called for a break in the cycle of Israel's impunity. He then turned to recent events in East Jerusalem and called the situation "highly volatile due to USUN NEW Y 00000928 002 OF 004 Israel's illegal and provocative actions and incitement." He referred to Palestinian efforts to draw the Council's attention to "the increasing and unprecedented levels of Israeli aggression in occupied East Jerusalem." (Comment: We understand that if Council action is not forthcoming on the Goldstone report, the Palestinians and Arabs may pursue a Council resolution on Israeli activities in East Jerusalem. End comment.) Israeli Perm Rep: international community must recognize Israel's right to self-defense -------------- ¶4. (SBU) Israeli Perm Rep Shalev opened her remarks by stressing that Israel seeks a genuine, defensible, and permanent peace with two states living side-by-side in peace and security. She then turned to recent events and referred to the 13 rockets fired at Israel in September, as well as the multiple attempts to infiltrate it from Gaza, the rockets launched from Lebanon, and the recent explosion in southern Lebanon. She called for UNIFIL to promptly and thoroughly investigate that explosion and commented that southern Lebanon is occupied by Hizballah's terrorists. She noted that behind Hizballah stands Iran, which had recently acknowledged the presence of a uranium enrichment plant. She said, "The world's most dangerous weapons are quickly falling into the hands of the most dangerous regime in the world" and that is the real threat to peace and security. She referred to Israel's withdrawal of settlements from Gaza and its high hopes for Gaza turning into a nightmare with Hamas' construction of an infrastructure of terror. She referred to Gaza as occupied by Hamas terrorism and its open rejection of Israel's right to exist. She referred to the fact that the date of the Open Debate had been moved forward in response to Libya's urgent request for a meeting and said that such a request should be in reference to the continuous shelling of Israel from Gaza and Lebanon, not in response to a request from Council member who was responsible for Lockerbie and calling the Security Council the Terror Council in his statement during the General Debate. She termed the Goldstone report biased, one-sided, and wrong, and a "prize" for terrorist organizations. She ended by noting that if Israel is to take further risks for peace (as it did with its disengagement from Gaza),then the international community must recognize Israel's right to self-defense. Security Council members: maintain usual positions -------------- ¶5. (SBU) Most Council members reiterated their usual positions - calling for both parties to fulfill their obligations under the Roadmap, including a freeze of settlement construction by Israel, and for the implementation of resolutions 1850 and 1860. The majority welcomed U.S. efforts on the peace process, as well as Egyptian efforts to achieve intra-Palestinian unity. Several also called for the release of Gilad Shalit. (Note: Ambassador Wolff drew his remarks from ref A. End note.) ¶6. (SBU) Regarding heightened tensions in East Jerusalem, the Perm Reps of Austria, Russia, and the UK urged both parties to diffuse tensions around the holy sites. Russia urged both sides not to use religion for political reasons or to exacerbate the situation. On Gaza, Mexico and the UK warned that life there will become harder as winter sets in, and called on Israel to ease its restrictions. The Libyan Perm Rep assailed Israel for its continuing blockade of Gaza. On Lebanon, most called for the full implementation of UNSCR 1701 and voiced support for a Lebanese government to be named soon. Costa Rica called upon all regional states to take an active role in the peace process by reducing the number of provocative statements and recognizing Israel's right to exist. Russia referred to the peace conference to be held in Moscow to address the situation; Vietnam later supported this proposal. The French Perm Rep reiterated President Sarkozy's call with President Mubarak for a summit under the Union for the Mediterranean. ¶7. (SBU) Concerning the Goldstone Report, the UK concurred that the report was biased and noted its support of Israel's right to self-protection, while acknowledging that there were instances in which Israel went too far. Austria, Burkina Faso, Costa Rica, Japan, Mexico, Russia, and the United Kingdom referred to the fact that the report should be discussed first by the Human Rights Council and some noted the Human Rights Council session scheduled for the next day in Geneva. Other delegations voiced appreciation for the work of the Goldstone fact-finding commission and its efforts USUN NEW Y 00000928 003 OF 004 to seek balance. Libya termed the report a "wake-up call," stating that "the rules of procedure cannot sail on seas of blood." The Libyan Perm Rep thoroughly detailed in his intervention the allegations from the Goldstone report and called for ending the culture of impunity, bringing the guilty to justice, compensating victims, and ending the collective punishment of the Palestinian people. In addition, he condemned the destruction of water supplies and poultry farms in Gaza, as well as Israeli targeting of ambulances. Non-Council Members: many criticize Israel -------------- ¶8. (SBU) Twenty-seven non-Council members also spoke at the Open Debate. Egypt spoke on behalf of the Non-Aligned Movement (NAM); Syria spoke on behalf of the Organization of the Islamic Conference (OIC); Sudan spoke on behalf of the Arab Group; and Sweden spoke on behalf of the European Union (EU). (Note: Lebanon chose not to speak at the debate. Usually, Lebanon participates in Open Debates but was running on October 15 for a Security Council seat. End note.) Many delegations continued the condemnation of Israeli actions. Most called upon Israel to immediately cease all settlement activity and lift the blockade imposed on Gaza. Egypt and Cuba described the settlers as "extremists," citing attacks on mosques as well as on Palestinian civilians. Several countries condemned the destruction of homes and eviction of Palestinians in the West Bank. Egypt and Indonesia called the Israeli blockade of Gaza a "collective punishment" enforced upon the entire Palestinian population. The delegations of Egypt and Liechtenstein called upon Israel to comply with the terms outlined in UNSC Resolution 1860; Syria and Cuba called for compliance with UNSC Resolution 497 on the Golan. Many delegations called for immediate action by the Security Council and an end to the "culture of impunity." In a sentiment later echoed by the Permanent Observer of the League of Arab States in a call for perpetrators to be brought to the International Criminal Court, the Sudanese Perm Rep contended that "Israel has always been above the law," while Egypt declared that "criminal justice must take its course." The Venezuelan Perm Rep emphasized that Venezuela will continue to suspend its diplomatic relations with Israel. ¶9. (SBU) While most delegations did call for a two-state solution to the conflict, with many advocating for the 1967 borders, a few delegations delivered more balanced interventions than those cited above. In addition to condemning ongoing settlement activity, the Perm Reps of Brazil, Sweden, and Australia also called for Palestinians to make their own efforts toward peace. They urged the PA to increase its security efforts and build governmental capacity with many referred in the PA Prime Minister Fayyad's two-year state institution building plan. They also called for an end to rocket attacks on Israel. Pakistan, among others, called for the PA to "achieve intra-Palestinian reconciliation, which is an essential pre-requisite for credible and comprehensive peace." Iceland and Australia specifically acknowledged Israel's right to self-protection. Brazil, Indonesia, Australia, and Jordan expressed support for recent Quartet action to find a solution, as well as for President Obama's statements on the subject. ¶10. (SBU) Several delegations focused more on the problems in East Jerusalem. Egypt, Brazil, Sweden, the League of Arab States, Bangladesh, Iceland, Morocco (speaking on behalf of the Arab League's al-Quds Committee),and Jordan all referred to the incidents at holy sites, most notably the Haram al-Sharif. These delegations urged both parties to refrain from all provocative actions and statements concerning these sites. A number of delegations condemned reports of Israeli excavations at these sites. (Comment: It appeared that Morocco asked to exchange places with Australia in order to not have to sit next to Israel. We expect such behavior of Iran (and Venezuela slid down in the order to accommodate Iran this time) but not Morocco. End comment.) Discussion of Goldstone report by non-Council members -------------- ¶11. (SBU) The Egyptian Perm Rep, speaking on behalf of the NAM, noted its "grave concern" over the details of the Goldstone Report, as well as the reports of other fact-finding missions sent to the area, including the Gaza Board of Inquiry. He advocated that all appropriate legal action be taken on the recommendations of the report, USUN NEW Y 00000928 004 OF 004 reminding the Security Council that it is necessary to achieve a just solution to the problem. Indonesia, South Africa, Pakistan, Tanzania, Bangladesh, Malaysia, Morocco, Jordan, and Venezuela all aligned with the NAM statement. Syria, speaking on behalf of the OIC, said that the report confirmed that the root of the problem was the continued Israeli occupation. It marked its regret at the non-compliance of the Israeli government to allow for war crimes investigations to be completed. Syria also supported the Libyan request to convene a special meeting to discuss the report. Indonesia, Pakistan, Malaysia, Morocco, and Jordan aligned with the OIC statement. ¶12. (SBU) Most of the other delegations (Sudan, Nicaragua, Indonesia, South Africa, League of Arab States, Switzerland, Bangladesh, Malaysia, Iran,) expressed grave concern with the findings of the Goldstone report. They urged that the recommendations from the Report be adopted and enforced by the Security Council. Sudan noted Israel's lack of cooperation throughout the investigation, stating that "Israel has always been above the law." Nicaragua asserted that the report was "one more piece of evidence of all the crimes committed by Israel," and Cuba noted that the Report was unbiased and written by a team of the "utmost legal rigor." Liechtenstein expressed its hope that impunity did not prevail in light of the findings. Iran contended that the Goldstone report reflected only partial, minimal examples of Israeli crimes, and claimed that the Security Council's ability to enforce the recommendations would be seen as a test of its credibility. The Malaysian delegation also brought up the question as to why the Security Council had been silent on the findings of the Gaza Board of Inquiry's report, issued in the spring. (Note: See USUN New York 500. End note.) ¶13. (SBU) Sweden, speaking on behalf of the EU, stated that it is still in the process of assessing the Goldstone report, but that it deplores the civilian casualties mentioned. Sweden stated that it would leave it to the Human Rights Council to ensure the proper follow-up, conducting credible investigations into the matter. Australia and Norway expressed similar sentiments. ¶14. (U) The full text of the Provisional Verbatim Record of the Open Debate can be found at www.un.org/Depts/dhl/resguide/scact2009.htm. Wolff