Article 2 of the Agreement states that the relationship between the EU member states and Israel is to be based on respect for human rights and democratic principles which guide their internal and international policy. Since 1992, the Agreements concluded by the EU with third states systematically include such a human rights clause.
On May 21, the EU and Israel will meet at the level of senior officials (Association Committee) to review the implementation of the Agreement. The Association Committee should be the occasion to further the political dialogue under the agreement, initiated at the first Association Council (ministerial level, June 2000).
The FIDH urges the EU to take the opportunity of that meeting to send a clear signal to the Israeli representatives concerning the necessity to stop the large scale human rights violations as a pre-condition for peace-building.
As requested by the UN Commission of enquiry in its report of March 2001, the human rights clause could provide the basis for the EU "to play a more pro-active role in promoting acceptance and implementation of these recommendations [the recommendations of the UN Commission of enquiry] and in supporting the holding of consultations and dialogue at all levels between the Palestinian people and the Israeli people" (para. 132).
The FIDH repeatedly called the EU to have a much stronger policy in the Middle East. EU’s abstention at the UN Commission on Human Rights last month concerning the resolution on the human rights violations in the Occupied Palestinian Territories is to be deplored. It is high time to move beyond mere rhetoric and to take immediate and effective measures to stop the Israeli’s government violations, to ensure protection for Palestinian people and to promote peace.
The EU has several tools available to implement such a pro-active policy : the Association agreement and its human rights clause are one of them.
The forthcoming meeting must be the occasion to discuss openly about the rapid and concrete implementation by Israel of the recommendations of the UN Commission of enquiry and to determine how the EU could contribute to this implementation.
The FIDH strongly urges you to make sure that May 21 will not be a lost opportunity and that the parties will notably address the following issues :
– the violations for human rights and humanitarian law (in particular the fourth Geneva Convention) and the possibility to establish an effective international mechanism to monitor and regularly report on compliance by all parties with those standards ;
– the extrajudicial executions targeting civilians and members of the security forces of the PA ;
– the demand that Israeli troops withdraw from pre 28 September 2000 lines, and their complete withdrawal from the Occupied Territories ;
– the excessive and disproportionate use of force from the outset of the second Intifada and the necessity that the Israeli authorities ensure that its security forces observe the relevant UN standards on the use of fire arms as well as the Israeli regulations on open-fire, notably by punishing any excess and by putting an end to impunity ;
– The necessity to immediately end closures, curfews and other restrictions to the movement of people and goods in the Occupied Territories and to prevent the destruction of property in the Occupied Territories (house, fruits, trees, etc) ;
– The need to immediately halt commercial activities with the illegal settlements established by Israel since 1967 in violation of the IVth Geneva Convention ;
– The discriminations faced by Arab Israelis.
The second Association Council should assess the extent to which the commitments made on May 21 will have been implemented and draw the consequences in case of non-compliance by possibly deciding the suspension of the trade and economic advantages for Israel resulting from the Agreement.
Such an approach is definitely in line with the new communication on human rights, adopted on 8 May 2001 by the European Commission: "in all dialogues with third countries, the Commission will in future seek to ensure that the discussion covers issues of concern relating to human rights and democracy" (...) "however a prerequisite for success is that these states are genuinely ready to co-operate. The EU should pursue this approach wherever possible, while recognising that in some cases, the third country may have no genuine commitment to pursue change through dialogue and consultation, and negative measures may therefore be more appropriate".
The FIDH sincerely hopes that you will examine this letter with the utmost attention.
I remain,
Sincerely yours
Sidiki Kaba
President