Palestinians' Emergence as a National Entity: 1963-2007

After the 1948war, active Palestinian nationalism did not reemerge until the formation of the Fatah group in 1959 and the PLOin 1964. The new movement borrowed from earlier ones the same rootedness in land and the same political symbols; however, the new Palestinian leadership was composed of young men from lower to middle-class backgrounds who circumvented the pre-1948 leadership, which was largely drawn from the Palestinian elite.

Israel’s victory over Arab forces in the 1967 war dramatically changed the landscape of Palestinian politics, as control of the West Bank, the Gaza Strip, and East Jerusalem shifted from the Hashemite Kingdom ofJordan to the State of Israel. Subsequently, groups like the PLO that emphasized Palestinian identity over Pan-Arabism gained strength. This period also saw the formation of the PFLP, which was among the first Palestinian militant groups to use terrorism as a means to win attention to its cause, carrying out numerous terrorist attacks in the international arena, in particular hijacking civilian airliners.

In 1974, the question of Palestine and the right of the Palestinian people to self-determination was reintroduced in the General Assembly following PLO Chairman Yasser Arafat’s speech to the General Assembly on November 13, 1974. Soon after, the United Nations General Assembly passed Resolution 3236, !which reaffirmed the inalienable rights of the Palestinian people, and Resolution 3237, Iwhich granted the PLO observer status.

With major political and military setbacks in the 1970s and 1980s that sent the Palestinian political leadership into exile in Jordan, Lebanon, and then Tunisia, popular support for the resistance movement waned until the outbreak of the Intifada in December 1987.

In 1988, King Hussein ofJordan relinquished Jordanian responsibility for the West Bank, enabling the PLO to declare the establishment of an independent Palestinian state in the West Bank and Gaza Strip in November 1988.³⁷4 Since then, at least 114 states have formally granted de jure recognition to the state.

In 1996, the PNA was established and, on January 20, 1996, general elections were held, bringing Arafat to the presidency. Arafat’s name has since become synonymous with the PLO and the PNA and symbolic of the Palestinian nationalist movement.

Other documents on related subjects may be found in: Section 6, Jerusalem and the Holy Sites; Section 9, Palestinian Intifadas (Uprisings); and Section 7, Israeli-Palestinian Peace Process.

Document 603: Draft Constitution of the PLO (1963) [available at http://www.pna. gov.ps/Government/gov/The_Draft_Constitution_of_the_PLO.asp]. This draft Constitution establishes the PLO, with all Palestinians as its “natural members.” It sets up the structure of a National Assembly to be a representative body meeting every two years to issue resolutions, with its venue rotating between Jerusalem and Gaza. The first meeting is set for May 14, 1964, in Jerusalem. It also proposes the establishment of a fifteen-member executive committee of the National Assembly and the appointment of a president who will represent the Palestinians at the Arab League and be situated in Cairo. The text also provides for raising money for “The National Palestinian Fund” through taxation, financial donations, the issuance of “Liberation Stamps,” and loans to finance the operations of the Executive Committee.

Document 604: Proclamation of the Establishment of the PLO (May 28, 1964) [available at http://www.palestine-un.org/plo/doc_three.html]. This document proclaims the establishment of the PLO in Jerusalem to serve the Palestinian Arab people in “waging the battle of liberation.”

Document 605: Palestinian National Charter Issued by the PLO (July 17, 1968) [ available at http://www.state.gov/p/nea/rls/22573.htm]. The Palestinian National Charter sets out the PLO’s key political assertions, such as what comprises the original territory of Palestine, who rightfully owns the land in former Palestine, and who are legitimate Palestinians. According to the charter, Jews who lived in Palestine before the 1948 war are Palestinians, and Jews, as a group, do not constitute a single nation with an identity. The charter calls for unified international opposition to Israel. Further, Article 9 claims that armed struggle is the only way to liberate Palestine.

Document 606: Proposal Issued by King Hussein of Jordan for a United Arab Kingdom (March 15,1972) [reprinted in Arab-Israeli Conflict and Conciliation: A Documentary History (Bernard Reich ed., 1995)]. King Hussein ofJordan declared his proposed formula for the establishment of a United Arab Kingdom. In the United Arab Kingdom, King Hussein foresaw the inclusion of the Hashemite Kingdom of Jordan with two regions: the Palestinian region including the West Bank and all other liberated territories with citizens that desire tojoin the kingdom, and the Jordan region formed by the East Bank. Both regions would be represented in an elected national assembly that governs over the region along with the king.

Document 607: Political Program Adopted at the Twelfth Session of the Palestine National Council, Cairo (June 8, 1974) [available at http://www.mfa.gov.il/MFA/Foreign%20 Relations/Israels%20Foreign%20Relations%20since%201947/1974-1977/3%201 2th%20Palestinian%20National%20Council%20Political%20Prog]. The Palestine National Council proclaims in this Political Program that a lasting peace is only achievable once the Palestinian people have recovered their national rights and begun the process of self-determination.

Document 608: United Nations General Assembly Resolution 3210, Recognizing the PLO as the Representative of the Palestinian People (October 14, 1974) [G.A. Res. 3210, U.N. GAOR, U.N. Doc. A/RES/3210 (XXIX) (1974)]. In Resolution 3210, the General Assembly recognizes the PLO as the sole representative of the Palestinian people and invites it to participate in the deliberations of the General Assembly on the Question of Palestine in plenary meetings.

Document 609: Speech Given by PLO Chairman Yasser Arafat at the United Nations General Assembly Meeting (November 13, 1974) [available at http://domino.un.org/UNISPAL. NSF/9a798adbf322aff38525617b006d88d7/a238ec7a3e13eed18525624a007697ec!O penDocument]. This speech, delivered by PLO Chairman Yasser Arafat, followed the passage of Assembly Resolution 3210, which gave the PLO observer status in the General Assembly. IWith this speech, Arafat became the first representative of a group other than a member state to directly address the General Assembly (with the exception of the ceremonial address of Pope Paul IV). Arafat begins his speech by congratulating the United Nations on its ever-increasing membership base, which gives it validity as a world body and on its reenergized mission to assist nations in Asia, Africa, and Latin America in their pursuit of peace and independence. Referring to Israel as the “Zionist entity,” Arafat identifies the state as a persistent imperialist force in the Middle East. He further casts the Palestinian national struggle against Israel in the mold of other struggles against oppressive imperialist nations. Arafat calls on the United Nations to intervene, famously declaring, “Today I have come bearing an olive branch and a freedom-fighter’s gun.

Document 610: United Nations General Assembly Resolution 3236, Reaffirming the Inalienable Rights of the Palestinian People in Palestine (November 22, 1974) [G.A. Res. 3236, U.N. GAOR, U.N. Doc. A/RES/3236 (XXIX) (1974)]. General Assembly Resolution 3236 reaffirms the inalienable rights of the Palestinian people to self­determination, national independence, and sovereignty, and the right to return to their homes and property. The resolution also requests that the Secretary-General confer with the PLO on all future matters concerning the Question of Palestine.

Document 611: United Nations General Assembly Resolution 3237, Inviting the PLO to Participate in General Assembly Conferences as an Observer (November 22, 1974) [GA Res. 3237, U.N. GAOR, U.N. Doc. A/RES/3237 (XXIX) (1974)]. General Assembly Resolution 3237 grants the PLO observer status in the United Nations, enabling it to participate in the sessions and work of the General Assembly, as well as in all international conferences convened under the auspices of the General Assembly and other United Nations bodies.

Document 612: United Nations General Assembly Resolution 3376, Establishing the Committee on the Exercise of the Inalienable Rights of the Palestinian People (November 10, 1975) [G.A. Res. 3376, U.N. GAOR, U.N. Doc. A/RES/3376 (XXX) (1975)]. In Resolution 3376, the General Assembly establishes the Committee on the Exercise of the Inalienable Rights of the Palestinian People. Composed of twenty member states, the committee is given the task of developing a program for the implementation of the rights of the Palestinian people. A similar resolution is adopted annually under the agenda item “Question of Palestine.”

Document 613: United Nations Economic and Social Council Resolution 36, Approving the Application by the PLO for Full Membership of the Economic Commission for Western Asia (April 26, 1977) [ESCOR Res.

Document 614: His Majesty King Hussein of Jordan's Address to the Nation Concerning Disengagementfrom the West Bank (July 31, 1988) [ available at http://www.kinghussein. govjo/88_july31.html]. In this address, King Hussein of Jordan announces the decision to disengage from the West Bank and hand it over to the Palestinian people in anticipation of the establishment of an independent Palestinian state. King Hussein identifies Arab unity and respect for the Palestinians’ right to self­determination as key factors in Jordan’s decision. He assures Palestinians living in Jordan of their continued right to full Jordanian citizenship and pledges to support development projects in the West Bank by working with foreign governments and international institutions to encourage contributions.

Document 615: Declaration of Palestinian Independence Issued by the PLO (November 15, 1988) [available at http://www.pna.gov.ps/Government/gov/Declaration_of_ Independence.asp]. The Declaration of Palestinian Independence begins with an overview of the history of the land of Palestine and its inhabitants. It details the hardships faced by Palestinian Arabs in their pursuit of national independence, beginning with Article 22 of the Covenant of the League of Nations, which established Palestine as a mandate. Issued at the beginning of the first Intifada, the declaration notes the movement’s ability to bring worldwide attention to the plight of the Palestinians. It namesJerusalem as the capital of the State of Palestine.

Document 616: United Nations General Assembly Resolution 423/160A, GrantingObserver Status to the PLO (December 9, 1988) [G.A. Res. 423/160, U.N. GAOR, U.N. Doc. A/RES/43/160 (1988)]. In Resolution 423/160, the General Assembly grants the PLO and the South West Africa People’s Organization the ability to issue and circulate its communications directly as official documents of the General Assembly.

Document 617: United Nations General Assembly Resolution 43/177, Acknowledging the Proclamation of the State of Palestine (December 15, 1988) [G.A. Res. 43/177, U.N. GAOR, U.N. Doc. A/RES/43/177 (1988)]. General Assembly Resolution 43/177 acknowledges the proclamation of the State of Palestine by the Palestine National Council on November 15, 1988, and decides that the designation “Palestine” should be used instead of “Palestine Liberation Organization” in the United Nations system.

Document 618: United Nations General Assembly Resolutions Acknowledging the State of Palestine (December 15, 1989) [reprinted in A Documentary History of the Arab- Israeli Conflict Charles L. Geddes ed., 1991)]. On December 15, 1989, the United Nations General Assembly Convened in Geneva to discuss the Palestine Question. They issued two resolutions in which they were mindful to work to achieve a just, peaceful, and comprehensive solution to the problem. In these resolutions, the General Assembly acknowledged the claim to the State of Palestine made by the Palestinian National Council. They further called for Israel to withdraw from the territories occupied after 1967, for the resolution of the problems for Palestinian refugees, and for access to the Holy Sites to people of all faiths. The first resolution was adopted by the General Assembly by 138 in favor, two (Israel and the United States) opposed, and two (Canada and Costa Rica) abstentions. The second resolution, which specifically acknowledged the declaration of the Palestinian state, was also only opposed by Israel and the United States, however, thirty-six states (much of Western Europe) abstained.

Document 619: Speech Given by Israeli Prime Minister Yitzhak Rabin to Knesset (September 21,1993) [reprinted in The Israel-Arab Reader: A Documentary History of the Middle East Conflict (Walter Laqueur & Barry Rubin eds., 2001)]. Following negotiations in Oslo, Norway, Israeli Prime Minister Yitzhak Rabin addressed the Knesset prior to its vote of confidence on the principles agreed to. Rabin emphasizes that all the terms have been divulged and that steps must be made towards peace. His speech recognizes that the Israelis cannot choose their neighbors or enemies and therefore must deal with what they have: the PLO. Two days following the speech, the Knesset would vote in favor of the agreement sixty-one to fifty.

Document 620: Hani al-Hassan: Opposition to the Israel-PLO Accord (October 9, 1993) [reprinted in The Israel-Arab Reader: A Documentary History of the Middle East Conflict (Walter Laqueur & Barry Rubin eds., 2001)]. Not all Palestinians welcomed the results of the oslo Accords. Both Hamas and some members of Fatah rejected the agreement, arguing that the accords are an anathema of the PLO’s purpose and that Israel’s intentions are not trustworthy.

Document 621: Agreement between the Government of the State of Israel and the PLO (Cairo Agreement) (May 4, 1994) [reprinted in Arab-Israeli Conflict and Conciliation: A Documentary History (Bernard Reich ed., 1995)]. Israel formally began its withdrawal from the Gaza Strip and Jericho area after the Cairo agreement was made between PLO Chairman Yasser Arafat and Israeli Prime Minister Yitzhak Rabin. This agreement allowed the Palestinians in this region some self-rule with a partial transfer of authority to the Palestinian Authority. This was done in an effort to carry out the Declaration of Principles on Interim Self-Government Arrangements. The Cairo Agreement additionally covered economic relations between israel and the Palestinian Authority, issues with human rights and preventing hostilities, and the specifics of the Palestinian Authority, their rights and responsibilities, and over what aspects it should hold power.

Document 622: Agreement on Preparatory Transfer of Powers and Responsibilities (August 29, 1994) [reprinted in Arab-Israeli Conflict and Conciliation: A Documentary History (Bernard Reich ed., 1995)]. The Agreement on Preparatory Transfer of Powers and Responsibilities worked towards the Israel-Palestinian Declaration of Principles. The transfer of power in the West Bank and Gaza Strip from Israel to the Palestinian Authority gave the Palestinian Authority responsibilities over five specified spheres. These are the educational and cultural, health, social welfare, tourism, and taxation domains. The transfer of power was gradual over the following months. The Palestinian Authority gained authority over the educational system on August 28, 1994, the welfare and tourism spheres on November 15, 1994, and finally the health and taxation spheres on December 1, 1994.

Document 623: Statement by the Central Council of the PLO (April 29, 1999) [available at http://www.palestine-un.org/plo/cc.html]. In this statement, the Central Council of the PLO declares its intention to continue steps toward completing the elements and institutions of a Palestinian state and reiterates the importance of Jerusalem as its capital. The council notes the broad international support it has received for the right of self-determination and calls upon all Palestinians to confront Israeli policies hostile to statehood, including the building of settlements and bypass roads, violations of human rights, and the destruction of Palestinian homes.

Document 624: Report of the Special Rapporteur on Civil and Political Rights, Including the Independence of Judges and Lawyers (January 21, 2000) [U.N. ESCOR, Human Rts. Comm., 56th Sess., U.N. Doc. E/CN.4/2000/61 (2000)]. This report by the special rapporteur details the independence ofjudges and lawyers in Palestine. It notes that the Palestinian Bar Association has protested a lack ofjudicial independence and has demanded judicial reform.

Document 625: Program of Reform as Prepared by the Ministerial Reform Committee and Approved by President Yasser Arafat (June 23, 2002) [available at http://www.pna.gov. ps/key_decuments/100day.asp]. This Program of Reform for the Government of the PNA, approved by Palestinian President Yasser Arafat, proposes sweeping reforms for all aspects of the Palestinian government, including the reinforcement of the separation of powers, preparation for holding municipal, legislative and presidential elections, activation apparatuses in the enforcement of court rulings, and development of internal auditing. It proposes a 100-day schedule for implementing thirteen of the most critical reforms.

Document 626: Palestinian Legislative Council: The Basic Law (March 18, 2003) [12 Palestine YB. Int’l L. 2002/2003 377-403 (2005)]. This Basic Law, issued by the Palestinian Legislative Council, establishes the basic legal framework for the State of Palestine. It determines thatJerusalem is the capital, Islam the official religion, the principles of Islamic Shari’a the main source of legislation, and Arabic the official language of the state. The law defines: public rights and freedoms; legislative, executive, andjudicial authority; rules in the case of a state of emergency; and general and transitional provisions—all of which are to be instituted in accordance with the basic principles of human rights.

Document 627: Constitution of the State of Palestine, Third Draft (May 14, 2003) [available at http://www.mopic.gov.ps/constitution/english%20constitution.asp]. The Constitution of the State of Palestine outlines the general foundations of the state and the general rights, liberties, and duties of its citizens. Article 12 of Chapter I affirms that nationality shall not be affected by an individual’s refugee status, but shall be based on heredity. Article 13 provides that refugees will have the right of return, as well as the right to compensation in accordance with United Nations Security Council Resolution 194 (1948). Chapter II provides for basic civil rights, including equality without distinction, freedom of speech, freedom of assembly, freedom of the press, freedom of religion, including free access to holy shrines, and the right to privacy, etc. Chapter III addresses legislative authority invested in the House of Representatives and executive authority invested in the president of the state. Chapter IV outlines procedures for the formal adoption of the Constitution.

Document 628: The Mecca Agreement (February 9, 2007) [available at http://www.jmcc. org/documents/meccaagree.htm]. Following clashes between Fatah and Hamas in Gaza, members of both parties met in Mecca to sign this ceasefire agreement and form a national unity government.

Document 629: Speech given by President of the Palestinian Authority Mahmoud Abbas following the Dissolution of the Unity Party (June 20, 2007) [available at http://www. jmcc.org/documents/abbasspeechjun07.htm]. Through early 2007, fighting continued between Hamas and Fatah in the Gaza strip despite the signing of the Mecca Agreement. By June, Mahmoud Abbas declared a state of emergency in Gaza and dissolved the Unity Party that had been formed during the Mecca Agreement.

D.