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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-11-02 Daily Xml
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Motions

Israel-Palestine Conflict

The Hon. I. PNEVMATIKOS (16:21): I move:

That this council—

1. Notes:

(a) the Israel-Palestine conflict continues to be unresolved;

(b) Israel’s occupation of Palestine has lasted over 50 years;

(c) Israel continues to build settlements on occupied territory, which undermines a two-state solution;

(d) the ongoing conflict continues to result in the loss of life and human rights violations and abuses;

(e) the recognition of Palestine by the Vatican and 138 nation states; and

(f) Article 1 of the Charter of the United Nations adopts the principle of equal rights and self-determination of peoples.

2. Supports the right of both Israelis and Palestinians to live in equality, peace and security within internationally recognised borders.

3. Endorses the principles (1-8) stated in the Sydney Statement on Anti-Palestinianism.

4. Calls on the Australian government to:

(a) acknowledge the right of Palestinians to self-determination as provided for by international law;

(b) acknowledge the Palestinians’ right to statehood; and

(c) actively promote measures to end the conflict between Israel and Palestine on the basis of relevant UN resolutions and international law.

I rise to speak on this important motion, a motion that I believe sends a strong message about human rights and this chamber's view of justice. There has been a lot of discussion inside and outside of this chamber recently, regarding the Palestine and Israel conflict. This is not a new issue. Conflict in this region has been raging since before our lifetimes and, unfortunately, I fear it will continue until after some of our lifetimes.

The occupation of Palestine by Israel has been in the international public eye for the better part of 50 years and continues today with disastrous casualties of civilians and fighters. Although ceasefires and peace talks have been tried, very little progress has been achieved to resolve the conflict. Although these talks and solutions are discussed, Israel continues to build settlements on occupied territory, further undermining any endeavours for a solution. International law dictates that occupation of this territory is illegal and against agreed United Nations conventions and articles.

Numerous United Nations Security Council resolutions and the prevailing international opinion hold that Israel's settlements in the West Bank, East Jerusalem and the Golan Heights are a violation of international law. Further, they are a violation of Article 49 of the Fourth Geneva Convention, the law of occupation. International bodies working on the ground in these areas, including the UN, the Red Cross and the International Court of Justice, have all affirmed that Article 49 applies to the Israeli-occupied territories.

Considering this, the UN Security Council passed Resolution 446, referring to the Fourth Geneva Convention as the applicable legal instrument, and has called upon Israel to desist from transferring its own populations into the territories or changing their demographic make up. This unrest has led to more than just land occupation; it has led to a massive loss of life and livelihood. On 30 October 2022, it was reported that at least 10,468 Palestinians and 1,308 Israelis have been killed by someone from the other side since 2000, as reported by the UN Office for the Coordination of Humanitarian Affairs.

Palestinian casualties are disproportionately represented in these statistics. This has been compounded by the reckless strikes by Israeli forces on Palestine, particularly in the Gaza Strip, as well as unlawful acts of Israel targeting medical facilities and personnel. Unfortunately, short-range attacks have also been used, with reports and findings of Palestinians' movement limited by Israeli forces, and Palestinians forcibly removed from their homes, detained and, in some cases, tortured.

As with most conflicts, repeated attacks on civilians that violate not only human rights but human decency and ethics appear to be a feature of this conflict. Although the Vatican and the 138 other nation-states recognise Palestine, Australia does not. As a country, we need to consider Article 1 of the United Nations Charter, which adopts the principle of equal rights and self-determination. It states:

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

This statement, which Australia is a signatory to, is important in ensuring that we remain steadfast in our resolve for both Palestinians and Israelis to live as equals in peace and security.

The Sydney Statement on Anti-Palestinianism was brought forward out of necessity as a consequence of decades of discrimination against Palestinian people. Discrimination has come in the form of the containment of millions of Palestinians in refugee camps and the systemic attacks on the lives and property of people under occupation. Blatant prejudice exists against Palestinians who pursue and engage in peace talks but are deemed to be terrorists and stigmatised on grounds of religion or ethnic grounds. The statement reads:

1. Anti-Palestinianism exists when Palestinian people are denied rights enshrined in the Universal Declaration of Human Rights and all other relevant instruments of international law, including United Nations resolutions.

2. The Palestinian people are entitled to their own State. The Palestinian State is consistent with international law, UN resolutions and over 30 years of international negotiations. This is reflected in the recognition of the State of Palestine by 139 member nations of the UN. Anti‑Palestinianism is flagrant when this right is undermined by settlements and acts of annexation, both of which are illegal under international law.

3. Palestinians who have committed to non-violent means to nationhood are entitled to all legitimate means of protest and advocacy. Palestinian leaders deserve respect and engagement, not isolation and boycott.

4. As part of the international community, the Palestinian people have an inalienable right to membership of international organisations in line with these organisations' by-laws, including but not limited to the International Criminal Court, the United Nations Educational, Scientific and Cultural Organization, Interpol, the International Court of Justice and others.

5. Palestinians have the right, in accordance with international law, to engage in resistance against unlawful policies and practices of the Israeli occupation of Palestinian land. They are entitled to present to the world their case, supported by evidence and legal argument, that Israeli authorities have dispossessed, confined, forcibly separated, evicted and subjugated the Palestinian people.

6. Noting the UN's recognition of the State of Israel in 1949 was conditional on Israel's acceptance of the right of return—resolution 194, article 11—Palestinians are entitled to advocate their right of return as part of a just and lasting peace between the parties.

7. Palestinians have a right to their history, including their right to commemorate Nakba Day, and this must never, in any way, be denied to them.

8. International law brands collective punishment a war crime. When a Palestinian is arrested or convicted of an offence by Israeli authorities, there is no basis for Israel subjecting others to collective punishment.

This conflict has been going on long enough for us to realise that injustice is playing out. The reports of human rights violations and abuse keep piling up. It is time that we stood up for the right things and as a chamber call on the federal government to do the same. We must acknowledge the Palestinians' right to self-determination and statehood. We must actively promote measures to end the conflict between Israel and Palestine through the promotion of diplomatic means and let justice prevail in terms of international law and internationally agreed resolutions and treaties.

This motion is not about antisemitism. It is not about anti-Israel. This motion is about recognising two peoples' rights to coexist and prosper.

Debate adjourned on motion of Hon. L.A. Curran.

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