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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-11-19 Daily Xml
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Palestine

The Hon. K.J. MAHER (15:35): A search for a lasting peace in the Israel-Palestine conflict is not something I have considered in great depth in the past. Occasionally people, even those involved in politics, can suffer from taking a knee-jerk, ideological position or reaction without properly considering the evidence and stand-alone merits of an argument. Because it is such a complex issue, and for fear of only espousing an unconsidered ideological position, I have not been engaged as I ought with the issue of Palestinian statehood.

I am grateful to a number of people who have provided me with the benefit of their views on this issue recently. In particular, I wish to thank Dr Sam Shahin, from the Australian Friends of Palestine Association, for providing a valuable starting point to better explore and understand the issues involved. It is certainly not an area over which the South Australian Legislative Council has a great deal of influence. However, the principles of fairness and equality are universal and ought to be applied to any situation.

Mr President, as you know, the South Australian Branch of the Australian Labor Party held its annual convention last weekend, and I am proud of the worthwhile debate that was held on the topic of a Palestinian state and the motion that was passed. The motion that was passed stated:

That this conference, in the United Nations International Year of Solidarity with the Palestinian people, supports the enhanced status of Palestine at the UN General Assembly and joins the international community in calling for an enduring ceasefire, including an end to Hamas rocket attacks on sovereign Israeli territory, and the end of the blockade of Gaza.

The motion, quite sensibly, recognises the need and the right for all who live in this area to security and to live a life without a threat to personal safety and well-being. The motion that was passed went on to say that the conference:

Applauds the previous Labor government for its commitment to a two-state solution in Israel-Palestine and specifically voting to enhance Palestinian status in the General Assembly, restating that the West Bank including Jerusalem is occupied under international law, and opposing illegal Israeli settlements on occupied Palestinian land.

Occupation of Palestinian land that is illegal under international law has now lasted for 47 years, and there are some 500,000 settlers. Settlements have doubled in the last four and a half years alone. Most instructive on this issue is the 2004 International Court of Justice advisory opinion on the construction of a wall on occupied Palestinian territories.

The 14 to 1 majority opinion held that the construction of the wall and its associated settlement regime was in violation of international law and the right of Palestinians to self-determination. Time today does not allow me to go into greater detail on this judgement. However, I congratulate Senator Nick Xenophon for a speech he made earlier this year that provides a very good summary and analysis of the International Court of Justice decision, and I commend that speech to anyone interested. The motion passed by the South Australian ALP continued:

SA Labor recognises peace in the Middle East will only be assured by the foundation of the Palestinian state based on 1967 borders with agreed land swaps and security guarantees for itself and Israel. SA Labor welcomes the decision of the Palestinian authority to commit to a demilitarised Palestine with the presence of international peace keepers including US forces.

This is consistent with the overwhelming views of member states of the United Nations General Assembly. In 2012 UN resolution 67/19 was passed, with 138 nations voting for it and just nine nations voting against. Importantly, UN resolution 67/19:

1. Stresses the need for the withdrawal of Israel from the Palestinian territory occupied since 1967...and complete cessation of all Israeli settlement activities in the occupied Palestinian territory.

2. Reaffirms the right of Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967.

3. And confers on Palestine non-member observer state status in the United Nations.

The ALP motion concluded:

If, however, there is no progress to a two state solution, and Israel continues to build and expand settlements, a future Labor government should join 132 likeminded nations in conferring diplomatic recognition on the Palestinian Authority.

I believe the number of nations that have conferred diplomatic recognition on the Palestinian Authority is now close to 140, with Sweden recently doing so. Only last month in Britain the House of Commons passed a motion with a majority of 274 votes for and 12 votes against that states:

That this house believes that the government should recognise the state of Palestine alongside the state of Israel as a contribution to securing a negotiated two-state solution.

I am proud of the motion passed by the South Australian branch of the Labor Party. When one believes in notions of fairness and equality and accepts the rule of law, one cannot pick and chose what one applies it to. Australia and the international community need to do more to ensure the realities of the principles behind the motion passed, the International Court of Justice opinion, and UN resolutions.

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