Ramona Wadi
Middle East Monitor / December 19, 2019
The latest
report by
the UN Committee on the Elimination of Racial Discrimination (CERD) is a
stark reminder of how Israel’s colonisation process in Palestine has
created differences that are irreconcilable with the framework of human
rights and international law. In particular, the CERD pointed out the
discrimination inherent in Israel’s Nation-State Law, settlement
expansion and the apartheid practices faced by Palestinians in the
occupied Palestinian territories.
While the report points out issues that have long been debated, the
CERD’s succinct observations enable readers to conceptualise the
dynamics that make human rights violations a recurring cycle. Rather
than a singular focus on separate issues, such as settlement expansion,
the report looks at each strand of discrimination and how this affects
the Palestinian population whose right to any recourse is severely
restricted due to Israeli impunity.
Meanwhile,
another report in
Israeli media has attempted to juxtapose international law against the
US unilateral decisions as concessions to Israel, in particular when it
comes to settlement expansion. The CERD, however, affirms the illegality
of settlements as “not only illegal under international law but also an
obstacle to the enjoyment of human rights by the whole population.” It
also describes Israel’s Nation-State law as elevating settlements to “a
national value.” For Israel, though, settlements are defined according
to the US-Israeli plan, hence the insistence on contradicting the CERD
report by referencing the recent US declaration on settlement expansion.
The UN report also highlights the incessant discrimination against
Palestinians and minority groups, as well as how Israel prevents such
groups from accessing justice. It also called upon Israel to eradicate
“all policies and practices of racial segregation and apartheid.”
Throughout the report, it is clear that the historical dispossession
of the Palestinian people by Israel is continuing under an assortment of
violations, all of which have been discussed regularly, albeit
dissociated from the historical context and the wider developments which
have led to many divisions among Palestinians, despite them all facing
similar circumstances. Settlement expansion — the first symptom of
colonial Israel since its inception — is tied to a multitude of
violations involving state and settler violence. Appropriating
Palestinian territory, as well as the restrictions placed upon
Palestinian people, is a precursor to other losses in terms of access to
agricultural land and water. The CERD report points towards the
seamless actions of state violence through appropriation and
displacement, and settler violence against Palestinians, their
properties and their land, as a prevailing dynamic that needs to be
addressed in order for Palestinians to at least avail themselves of the
basic necessities associated with human rights.
However, with Israel always in contempt of international law, holding
the colonial-settler state accountable as the CERD has recommended is a
futile course of action unless this is backed by the international
community. The committee has given Israel a year to submit information
regarding the documented violations. Within that year, though, Israel
will have committed even more human rights violations that will be
addressed statistically for reporting purposes. Recommending that Israel
ratifies human rights treaties is only one part of the path towards any
possible accountability. It cannot be expected that a colonial-settler
entity will ever stick to any human rights framework. The only permanent
solution to the absence of any human rights for Palestinians,
therefore, is decolonisation; Israel’s colonial-settler occupation must
end.
Ramona Wadi is an independent researcher, freelance
journalist, book reviewer and blogger; her writing covers a range of
themes in relation to Palestine, Chile and Latin America
https://palestina-komitee.nl/?p=10084