PALESTINE IN UN

INTRODUCTION

• The UN General Assembly endorsed a Palestinian bid for full UN membership, urging the Security Council to reconsider favourably. The resolution, with 143 in favour and 9 against, recognizes Palestinian qualification for membership, despite US and Israeli opposition, with 25 abstentions.

MEMBERSHIP STATUS

• 1947: 

• Partition Plan: The UN General Assembly adopted Resolution 181, also known as the Partition Plan for Palestine, which proposed the establishment of separate Jewish and Arab states in Palestine, with Jerusalem as a corpus separatum (separate entity) under international control. 

• While Jewish leaders accepted the plan, Arab leaders rejected it, leading to the 1948 Arab-Israeli War.

• 1948: 

• Following the war, the UN General Assembly adopted Resolution 194 in, which affirmed the right of Palestinian refugees to return to their homes and called for the establishment of a Conciliation Commission to facilitate a peaceful resolution of the conflict. 

• Additionally, Israel was admitted to the UN in 1949.

• 1974: 

• The Palestine Liberation Organization (PLO) was granted observer status at the UN in 1974. 

• 1988:

• PLO declared the establishment of the State of Palestine and received recognition from numerous countries. 

• However, Palestine's status at the UN remained as a non-member observer entity until 2012.

• 2012: 

• The UN General Assembly voted to upgrade Palestine's status to that of a non-member observer state, with 138 member states voting in favour, 9 against, and 41 abstentions. 

• This upgrade granted Palestine greater recognition and rights within the UN system.

BENEFITS OF GETTING MEMBERSHIP STATUS:

• Enhanced International Recognition: 

• Full membership status would signify formal recognition of Palestine as a sovereign state by the international community, further solidifying its status as a legitimate actor on the world stage.

• Access to International Forums:

• Membership would grant Palestine access to various UN forums, committees, and agencies, providing opportunities to participate in discussions on global issues, contribute to decision-making processes, and advocate for its interests and priorities.

• Legal Standing and Rights: 

• Membership status would afford Palestine legal standing and rights under international law, including the ability to seek redress for grievances, access international legal mechanisms, and participate in international treaties and conventions.

• Diplomatic Leverage: 

• Membership would strengthen Palestine's diplomatic leverage and bargaining power in negotiations with Israel and other countries, enabling it to pursue its objectives and advance its interests through diplomatic channels.

• Protection of Rights and Resources: 

• Membership would help safeguard Palestinian rights and resources, including land, water, and natural resources, by providing a platform for addressing violations of international law, human rights abuses, and illegal occupation.

• Assistance and Development: 

• Membership would facilitate access to international aid, assistance, and development programs aimed at promoting economic growth, infrastructure development, and social welfare in Palestine, helping to improve living standards and strengthen state institutions.

• Peacebuilding and Conflict Resolution: 

• Membership would enable Palestine to engage more effectively in international peacebuilding and conflict resolution efforts, including negotiations with Israel and participation in multilateral initiatives aimed at resolving the Israeli-Palestinian conflict and achieving a just and lasting peace.

CHALLENGES FACED BY PALESTINE:

Obtaining full membership status in the United Nations (UN) poses several challenges for Palestine:

• Political Obstacles: 

• Palestine's bid for full UN membership faces political obstacles, particularly from countries that have close ties with Israel or oppose Palestinian statehood recognition. 

• These countries may block or veto Palestine's membership application in the UN Security Council.

• Israeli Opposition: 

• Israel opposes Palestinian membership in the UN and may use diplomatic pressure or influence to dissuade countries from supporting Palestine's bid. 

• Israel argues that Palestinian statehood should only be achieved through direct negotiations between the parties involved, rather than through unilateral actions at the UN.

• U.S. Position: 

• The United States has traditionally supported Israel and may use its influence as a permanent member of the UN Security Council to block or delay Palestine's membership bid. 

• The U.S. has also threatened to withhold aid or take other punitive measures against countries that support Palestine's UN membership.

• Internal Palestinian Divisions: 

• Palestinian politics are characterised by divisions between different factions, including Fatah in the West Bank and Hamas in Gaza. 

• These internal divisions weaken Palestine's diplomatic efforts and may complicate its bid for UN membership.

• Regional Dynamics: 

• Regional dynamics, including conflicts and rivalries among Middle Eastern countries, can impact Palestine's UN membership bid. 

• Some countries may prioritise their own interests or alliances over supporting Palestine's bid for statehood recognition.

• Legal and Administrative Hurdles: 

• The UN Charter requires that new member states be "peace-loving" and accept the obligations of the Charter. 

• Palestine's status as a non-member observer state may not fully meet these criteria, and there may be legal or administrative hurdles to overcome in obtaining full membership status.

INDIA’S SUPPORT OVER THE YEARS

• 1947-1948: 

• India opposed the United Nations Partition plan for Palestine in 1947.

• 1948 onwards:

• India consistently supports Palestinian rights and self-determination.

• 1949:

• India voted against Israel's admission to the United Nations

• 1974:

• India recognizes the Palestine Liberation Organization (PLO) as the sole legitimate representative of the Palestinian people.

• 1975: 

• India votes in favour of UN General Assembly Resolution 3379, equating Zionism with racism.

• 1988: 

• India recognizes the State of Palestine.

• 2012: 

• India votes in favour of granting Palestine non-member observer state status at the UN.

• 2017: 

• India abstains from voting on a UN Human Rights Council resolution condemning Israeli settlements in Palestinian territories.

• 2020: 

• India votes in favour of UN General Assembly resolutions reaffirming Palestinian rights, including the right to self-determination.

• 2021: 

• India reaffirms its support for a two-state solution to the Israeli-Palestinian conflict during the UN General Assembly debate.

• 2024: 

• India has voted in favour of a UN General Assembly resolution recommending Palestine’s admission as a full member of the United Nations.

WAY FORWARD:

• Role of the U.S.: 

• The United States should reconsider its stance of unequivocally supporting Israel's actions, as this could potentially impede progress in the peace process. 

• Adopting a more equitable approach could foster advancements in negotiations and uphold principles of international law and order.

• Multilateral Negotiations: 

• Rather than exclusively depending on stagnant direct talks between Israel and Palestine, the international community, led by the UN, could take a more proactive stance in facilitating dialogue and presenting feasible resolutions.

• Addressing Humanitarian Concerns: 

• Need of the hour is to address the humanitarian crisis in Palestinian territories, ensuring that civilian populations receive necessary aid and protection. 

• This approach not only addresses immediate needs but also helps in building goodwill and trust among the parties.

• Inclusive Dialogue: 

• Encouraging dialogue that includes a range of Palestinian voices, not just Hamas, could help in articulating a unified Palestinian position that reflects the aspirations of its people and is not solely defined by conflict.

• Adherence to International Legal Standards: 

• It is imperative for the international community to guarantee that actions undertaken by both Israel and Palestine align with international law, encompassing human rights and humanitarian principles. 

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• SHORT TAKE

  • How a State become member of United Nations:

  • Article 4 of the UN Charter states that the UN “is open to all other peace-loving States which accept the obligations contained in the present UN Charter and, in the judgement of the Organization, are able and willing to carry out these obligations.”

  • A State seeking membership to the UN first submits an application to the Secretary-General. 

  • The State also makes a formal declaration, stating that it accepts the obligations of membership as stated in the UN Charter. 

  • The SC considers the application. 

  • Any recommendation for admission must receive nine affirmative votes of Council members, and no veto or negative vote from any of the five permanent members.

  • The recommendation is presented to the General Assembly for consideration.

  • A two-thirds majority vote is necessary for admission. 

  • Membership to the UN becomes effective on the date the resolution for admission is adopted.

  This entails holding accountable those responsible for breaches and ensuring the enforcement of agreements such as ceasefires.

CONCLUSION