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Race, Racism and the Law 
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Palestinians and Palestine

NGO Forum, World Conference Against Racism, Racial Discrimination
Xenophobia and Related Intolerance, Durban, South Africa, August 27-Sept 1, 2001

This page is part of much larger document. Please be sure to read the Overview, the Declaration-Guiding Principles, Programme of Action-Guiding Principles, and Programme of Action - Legal Measures which provide the context for understanding this page. Click here to Download Word Document.

 

 

Declaration

160. Appalled by the on-going colonial military Israeli occupation of the Occupied Palestinian Territories (the West Bank including Jerusalem, and the Gaza Strip), we declare and call for an immediate end to the Israeli systematic perpetration of racist crimes including war crimes, acts of genocide and ethnic cleansing (as defined in the Statute of the International Criminal Court), including uprooting by military attack, and the imposition of any and all restrictions and measures on the population to make life so difficult that the only option is to leave the area, and state terrorism against the Palestinian people, recognizing that all of these methods are designed to ensure the continuation of an exclusively Jewish state with a Jewish majority and the expansion of its borders to gain more land, driving out the indigenous Palestinian population.

161. We declare that this alien domination and subjugation with the denial of territorial integrity amounts to colonialism, which denies the fundamental rights of self-determination, independence and freedom of Palestinians. Condemn this process of settler colonialism through the on-going collective punishments, expropriation and destruction of Palestinian lands, homes, property, agricultural land and crops; the establishment of illegal Israeli settlements, the mass transfer of Israeli Jewish populations to the illegally expropriated Palestinian land and the development of a permanent and illegal Israeli infrastructure, including by-pass roads.

162. We declare Israel as a racist, apartheid state in which Israels brand of apartheid as a crime against humanity has been characterized by separation and segregation, dispossession, restricted land access, denationalization, ¨bantustanization¨ and inhumane acts.

163. Appalled by the inhumane acts perpetrated in the maintenance of this new form of apartheid regime through the Israeli state war on civilians including military attacks, torture, arbitrary arrests and detention, the imposition of severe restrictions on movement (curfews, imprisonment and besiegement of towns and villages), and systematic collective punishment, including economic strangulation and deliberate impoverishment, denial of the right to food and water, the right to an adequate standard of living, the right to housing, the right to education and the right to work.

164. We recognize that targeted victims of Israel´s brand of apartheid and ethnic cleansing methods have been in particular children, women and refugees and condemn the disproportionate numbers of children and women killed and injured in military shooting and bombing attacks. Recognize the right of return of refugees and internally displaced people to their homes of origin, restitution of properties, and compensation for damages, losses and other crimes committed against them, as guaranteed in international law.

165. Appalled by the discrimination against the Palestinians inside Israel which include: The imposition of discriminatory laws, including the discriminatory laws of return and citizenship, which emphasize the ethnicity of the Israeli state as a Jewish state; the granting of benefits or privileges solely to the Jewish Israeli citizens; the imposition of restrictions on the civil and political rights of Palestinians because of their national belonging or because they do not belong to the majority ethnic group;The negation of the right of Palestinians to equal access to resources of the State and civil equality, including affirmative action policies, which recognize the historical discrimination against Palestinians inside Israel.

Programme of Action

417. Call for the immediate enforcement of international humanitarian law, specifically the Fourth Geneva Convention 1949, in the Occupied Palestinian Territories through the adoption of all measures to ensure its enforcement including all measures employed against the South African Apartheid regime. Call for the immediate convening of the High Contracting Parties to implement this process in fulfillment of their obligation to ensure respect for the Convention in all circumstances. Also call for the immediate deployment of an independent, effective international protection force for Palestinian civilians and the dismantlement of the illegal Jewish Israeli colonies (settlements) and a complete withdrawal of the colonial military occupation.

418. Call upon the United Nations to ensure the implementation of the various UN resolutions on the Occupied Palestinian Territories including the withdrawal of the Israeli colonial military occupation (of the Gaza Strip and the West Bank, including Jerusalem), the right of return for refugees, and for the protection for refugees of the UN High Commission for Refugees until such time as they may be able to exercise their right to return and in accordance with UN resolution

419. Also call for the reinstitution of UN resolution 3379 determining the practices of Zionism as racist practices which propagate the racial domination of one group over another through the implementation of all measures designed to drive out other indigenous groups, including through colonial expansionism in the Occupied Palestinian Territories (in the Gaza Strip, the West Bank, including Jerusalem), and through the application of discriminatory laws of return and citizenship, to obliterate their national identity and to maintain the exclusive nature of the State of Israel as a Jewish state to the exclusion of all other groups. Also call for the repeal of all discriminatory laws within the state of Israel, including those of return and citizenship, which are part of the institutionalized racism and Apartheid regime in Israel.

419. Call for the establishment of a war crimes tribunal to investigate and bring to justice those who may be guilty of war crimes, acts of genocide and ethnic cleansing and the crime of Apartheid which amount to crimes against humanity that have been or continue to be perpetrated in Israel and the Occupied Palestinian Territories.

420. Call for an increased awareness of the root causes of the Israel's belligerent occupation and systematic human rights violations as a racist, apartheid system, through relevant UN agencies working closely with international civil society networks to widely disseminate information including educational packs for schools and universities, films and publications.

421. Call for the establishment of a UN Special Committee on Apartheid and Other Racist Crimes Against Humanity perpetrated by the Israeli Apartheid regime to monitor and to report Apartheid and other racist crimes, and to recommend the implementation of measures to combat Apartheid and other racist crimes.

422. Call for the establishment of programmes and institutions to combat the racist media distortion, stereotyping and propaganda, including the demonizing and dehumanizing of Palestinians as all being violent and terrorists, and undeserving of human rights protections. Call for the correction of misleading information surrounding their status as indigenous peoples, the history of the violations perpetrated against them, and the on-going distortion of the facts and nature of the peace negotiations.

423. Call for the launch of an international anti Israeli Apartheid movement as implemented against South African Apartheid through a global solidarity campaign network of international civil society, UN bodies and agencies, business communities and to end the conspiracy of silence among states, particularly the European Union and the United States.

424. Call upon the international community to impose a policy of complete and total isolation of Israel as an apartheid state as in the case of South Africa which means the imposition of mandatory and comprehensive sanctions and embargoes, the full cessation of all links (diplomatic, economic, social, aid, military cooperation and training) between all states and Israel. Call upon the Government of South Africa to take the lead in this policy of isolation, bearing in mind its own historical success in countering the undermining policy of "constructive engagement" with its own past Apartheid regime.

425. Condemnation of those states who are supporting, aiding and abetting the Israeli Apartheid state and its perpetration of racist crimes against humanity including ethnic cleansing, acts of genocide.

 
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Copyright @ 1997, 1998, 1999, 2001. Vernellia R. Randall
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Thanks to Derrick Bell and his pioneer work: 
Race, Racism and American Law
(1993).