Israel's Challenge: The Durban II Conference on World Racism

The Durban II Conference, also known as the Second World Conference against Racism, is going to commence on April 20. Since the articles of draft documents were being discussed and shaped during the preparatory meetings, the Israeli Foreign Minister, Tzip Livni, has warned the UN that Israel would not attend to the upcoming conference if the Israeli politics labeled as “Zionism”  were considered as racist again.

The latest draft resolution for the conference is remarkable in its criticism of Israel, even in  comparison to the declaration of the first conference. There is no attempt at a balance between the right of Israeli security and the right of self-determination of the Palestinians. Indeed, in addition to pointing out the one-sided racial discrimination against Palestinians, there are three significant references: the Gaza situation, the Israeli "Wall" running through the West Bank, and the Syrian Golan Heights. The worst-case scenario for Israel, is that these references will bring in the International Court of Justice, as the judicial body of the UN, to rule on the norms of international law under the Occupied Territories.

In 2001, both the Israeli and American delegations withdrew from the first World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, claiming that the language of the draft declaration was “anti-Semitic” and “full of hatred.” The "shocking" vote for the declaration was interpreted as a revival of the UN General Assembly Resolution 3379, adopted in 1975 but annulled in 1991, which stated that Zionism was a form of racism and racial discrimination.

Yet, the US and Israeli lobbies were successful in their "non-participation". The final text of the conference did not include the language accusing Israel of racism. Indeed, it aimed at neutrality in its treatment of the State of Israel and the Arab world. For instance:

• “63: We are concerned about the plight of the Palestinian people under foreign occupation. We recognize that inalienable right of the Palestinian people to self-determination and to the establishment of an independent State and we recognize the right to security for all States in the region, including Israel, and call upon al States to support the peace process and bring it to an early conclusion.”

• “61: We recognize with deep concern the increase in anti-Semitism and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas against Jewish, Muslim and Arab communities.”

• “150: Calls upon States, in opposing all forms of racism, to recognize the need to counter anti-Semitism, anti-Arabism and Islamophobia world-wide, and urges all States to take effective measures to prevent the emergence of movements based on racism and discriminatory ideas concerning these communities.”

This time, Israeli diplomats are expecting a tougher process. The draft resolutions of the Durban II conference, possibly bolstered by the Gaza War, are portraying Israel as an occupying state carrying out racist policies.

The latest revised version of the reviewed text issued on 23 January 2009 states:

“(Re-emphasizes the responsibility of the international community to provide international protection, in particular from racism, racial discrimination, xenophobia and related intolerance, for (Palestinian) civilian populations under occupation in conformity with international human rights law and international humanitarian law;).”

“(Reiterates that the Palestinian people have the inalienable right to self-determination and that, in order to consolidate the (Israeli) occupation, they have been subjected to unlawful collective punishment, torture, economic blockade, severe restriction of movement and arbitrary closure of their territories. Also notes (with concern) that illegal settlements continue to be built in the occupied (Arab) territories (since 1967);)”

“Expresses deep concern at the plight of Palestinian refugees and other inhabitants of the Arab occupied territories as well as displaced persons who were forced to leave their homes because of war and racial policies of the occupying power and who are prevented from returning to their homes and properties because of a racially-based law of return. It recognizes the right of Palestinian refugees as established by the General Assembly in its resolutions, particularly resolution 194 of 11 December 1948, and calls for the return to their homeland in accordance with and in implementation of this right.”

In this text, only the Palestinian side that must be protected, and only they suffer from unlawfulness. Only they are oppressed because of war --- there is no reference to Hamas, Islamic Jihad or Fatah --- and because of Israel’s policies based on racial discrimination.

Specifically, the declaration asks the International Court of Justice to give its advisory opinion on the Israeli Wall in the West Bank as both a symbol and an instrument of the occupation:

“(Reiterates deep concern about the plight of the Palestinian people (as well as inhabitants of the other occupied territories) under foreign occupation, (including the obstruction of the return of refugees and displaced persons, and the construction of the segregation wall,) and urges respect for international human rights law, international refugee law and international humanitarian law, and calls fir a just, comprehensive and lasting peace in the region;)”

“Calls for the end of all actions violating international human rights and humanitarian law, the respect for the principle of self-determination and the end of all suffering; calls also for the implementation of international legal obligations including the advisory opinion of the International Court of Justice on the Wall and the international protection of the Palestinian people throughout the Occupied Palestinian Territory.”

The draft then offers a vital sentence in parentheses: “(Proposal to include reference to Gaza situation – language to be provided).” This inserted sentence could, for example, call for the Israeli officials who ordered Operation Cast Lead and the generals who carried it out as "war criminals" to be judged in the International Criminal Court.

The most important point outside the Palestinian-Israeli conflict is probably the reference to the Syrian issue. The drafting committee is underlines the Israeli occupation and the Israeli ‘racial discrimination policies’ against Syrian citizens in the Golan Heights:

“(Expresses deep concern at the practices of racial discrimination against the Palestinian people as well as (Syrian nationals of the occupied Syrian Golan) (other inhabitants of the Arab occupied territories) which have an impact on all aspects of their daily existence of all such practices;)”

Yet it is here that there may be a possibility for both Israel and a positive outcome. While Tel Aviv has urged the US, Italy and Canada to boycott the conference, American support on the sidelines for an approach to the Syrian issue may be acceptable to the Israelis. Indeed, both the US and Israel may see the Syrian initiative as an opening for dialogue between Israel and Palestinians, as well as loosening the ties between Damascus and Tehran that hve developed since 2001.

Only last week US Secretary of State sent two officials, Jeffrey Fletman and Daniel Shapiro, to Damascus. She also visited Turkey and announced that President Obama would be coming to Ankara in April. This pointed to Turkey's positive mediation role in the Israeli-Syrian dialogue and its place in the solution of the water problem arising from the use of Golan Heights between Syria and Israel.