January 24, 2011

EDITOR: After the Wikileaks scandal, the Palestine Leaks scandal…

For most of us, reading the new material now released on Al Jazeera and the Guardian is no great shakes – we knew for years that the Palestinian Authority was a lapdog of Israel, and that there was nothing they will stop at to satisfy Israel and the US. They have even stopped mention Al Awda (Return), they gave up on the settlements, on Jerusalem, on Al Aqsa – there is not much they did not do, and all this in order to be spitted upon by the butchers of Gaza and Lebanon, Sharon, Olmert, Barak, Livni and Netanyahu.

But the documentation provides proof, where before we only had reasonable expectations. The total failure to represent any of Palestine interests is now likely to fly in their face, and one cannot see how this will not end up with a political earthquake in Palestine.

Who has provided the texts, which are undoubtedly accurate? Personally, I cannot see anyone but the Israelis benefitting from this scandal – it will divide Palestine politically even further, will undermine the ‘moderates’ who are dangerous, as they present this soft flank to Israel’s brutality, so maybe this is an effort to further divide Palestine, to make Hamas the main spokesman and political power, so that Israel can continue to build without interference, as the west is totally unlikely to pressure Israel to speak peace with Hamas. Too far fetched? Don’t you believe it!

Papers reveal how Palestinian leaders gave up fight over refugees: The Guardian

• Negotiators agreed just 10,000 to return
• PLO agreed Israel could be a ‘Jewish state’
• US suggested Palestinians live in Latin America

Palestinian negotiators privately agreed that only 10, 000 refugees and their families – out of a total refugee population exceeding 5 million – could return to Israel as part of a peace settlement, leaked confidential documents reveal. PLO leaders also accepted Israel’s demand to define itself as an explicitly Jewish state, in sharp contrast to their public position.

The latest disclosures from thousands of pages of secret Palestinian records of more than a decade of failed peace talks, obtained by al-Jazeera TV and shared exclusively with the Guardian, follow a day of shock and protests in the West Bank, where Palestinian Authority (PA) leaders angrily denounced the leaks as a “propaganda game”. The documents have already become the focus of controversy among Israelis and Palestinians, revealing the scale of official Palestinian concessions rejected by Israel, but also throwing light on the huge imbalance of power in a peace process widely seen to have run into the sand.

The latest documents to be released reveal:

• The then Israeli foreign minister, Tzipi Livni, repeatedly pressed in 2007-08 for the “transfer” of some of Israel’s own Arab citizens into a future Palestinian state as part of a land-swap deal that would exchange Palestinian villages now in Israel for Jewish settlements in the West Bank.

• The US secretary of state, Hillary Clinton, and other American officials refused to accept any Palestinian leadership other than that of Mahmoud Abbas and the prime minister, Salam Fayyad. The US “expects to see the same Palestinian faces”, one senior official explained, if it was to continue funding the PA.

• Condoleezza Rice, secretary of state under George Bush, suggested in 2008 Palestinian refugees could be resettled in South America. “Maybe we will be able to find countries that can contribute in kind,” she said. “Chile, Argentina, etc.”

• Livni told Palestinian negotiators in 2007 that she was against international law and insisted that it could not be included in terms of reference for the talks: “I was the minister of justice”, she said. “But I am against law – international law in particular.”

The scale of the compromise secretly agreed on refugees will be controversial among Palestinians who see the flight or expulsion of refugees when Israel was created in 1948 as their catastrophe (nakba) – while most Israelis regard the Palestinian right of return as incompatible with a democratic Jewish state.

The PLO’s chief negotiator, Saeb Erekat, is recorded telling the US Middle East envoy, George Mitchell, in February 2009: “On refugees, the deal is there.” In June 2009, he confirmed what the deal was to his own staff: “Olmert accepted 1,000 refugees annually for the next 10 years.”

Abbas, who is himself a refugee, is also recorded arguing privately: “On numbers of refugees, it is illogical to ask Israel to take 5 million, or indeed 1 million. That would mean the end of Israel.”

On the issue of accepting Israel as an explicitly Jewish state, Erekat privately told Israeli negotiators: “If you want to call your state the Jewish state of Israel you can call it what you want.” He told his staff privately that it was a “non-issue”.

But publicly PA leaders reject any ethnic or religious definition of Israel, and it is fiercely opposed by many of Israel’s 1.3 million Palestinian citizens, who see it as a threat to their own civil and national rights, particularly since there have been moves in Israel to introduce a loyalty oath along the same lines.

In several areas, Livni pressed for Arab citizens of Israel to be included in a future Palestinian state as part of a land-swap deal, raising the controversial spectre of “transfer”. In other words, shifting Palestinians from one state to another without their consent, a demand backed in its wholesale form by rightwing nationalists.

Livni explained privately that there are “some Palestinian villages located on both sides of the 1967 line about which we need to have an answer, such as Beit Safafa, Barta’a, Baqa al-Sharqiya and Baqa al-Gharbiya”. Earlier, she had made clear that such swaps also meant “the swap of the inhabitants”. But Palestinian negotiators rejected the proposal.

Tonight Livni’s spokesman said she had not discussed population transfers and insisted she had not criticised international law. In Ramallah on the West Bank today, al-Jazeera’s offices were taken over by a crowd of 250 security forces and protesters in response to the disclosures. Abbas said they were an intentional “mix-up”, while Erekat claimed they had been “taken out of context and contain lies”.

But senior PLO sources accepted privately that the documents were genuine.

Palestinians agreed only 10,000 refugees could return to Israel: The Guardian

Secret papers reveal Palestininian negotiators privately accepted Israeli offer of 1,000 refugees a year over 10 years

Palestinian refugees fleeing their besieged camp in north Lebanon in May 2007. Saeb Erekat is recorded as referring to their rights as a bargaining chip. Photograph: Ramzi Haidar/AFP/Getty Images
The Palestinian Authority’s anger over the leak of confidential documents about the stricken Middle East peace process is likely to be matched by outrage among many Palestinians at the revelation that their negotiators privately agreed that a token number of refugees, just 10,000, would be allowed to return to Israel.

There will also be anger that the chief PLO negotiator, Saeb Erekat, is recorded as referring to refugee rights as a “bargaining chip”, and that he privately ruled out putting any final agreement to a referendum that would include Palestinian refugees in Lebanon and Jordan.

Erekat responded to the publication of the leaks by stating that “any proposed agreement would have to gain popular support through a national referendum. No agreement will be signed without the approval of the Palestinian people.”

But behind closed doors in a March 2007 meeting, the documents record him telling the Belgian foreign minister: “I never said the diaspora will vote. It’s not going to happen. The referendum will be for Palestinians in Gaza, the West Bank and East Jerusalem. Can’t do it in Lebanon. Can’t do it in Jordan.”

Refugees have been at the heart of the Israeli-Palestinian conflict since the 1948 war, so any deal on numbers is politically charged for both sides. Palestinians see the flight or expulsion of refugees at the time of the creation of Israel in 1948 as their catastrophe (nakba). Israelis retort that implementation of the Palestinian right of return is not compatible with the survival of a democratic Jewish majority state.

Israel pushed for a US-led “international mechanism” to handle compensation, but opposed restitution for property. The Israelis were prepared to acknowledge the “suffering” of the Palestinians during confidential talks in 2007-08, but would not acknowledge overall responsibility for the refugee problem.

“In our point of view this is basically asking us to take on their (Palestinian) narrative,” said negotiator Tal Becker, Erekat’s opposite number.

The documents reveal that Olmert first offered a figure of 5,000 refugees over five years on “humanitarian” grounds as part of the “package deal” he presented to Abbas in August 2008. PLO lawyers responded that that was “not serious and cannot be accepted”.

Erekat said later that Olmert had accepted “1,000 refugees annually for the next 10 years” – a total of 10,000. The Palestine papers do not include any subsequent offer, but Erekat told the US Middle East envoy, George Mitchell, in February 2009: “On refugees, the deal is there.” He confirmed the figure later.

Last year, however, Erekat distributed a document to EU diplomats saying the PA had expressed willingness to accept an Israeli proposal to allow in 15,000 refugees.

Olmert has said only that the refugee figure he offered Abbas was less than 25,000. Former US president George Bush referred in his memoir, Decision Points, to a “limited number”.In 2007 a PLO document cited a figure of 100,000 refugees over 10 years as a core principle.

Abbas, himself a 1948 refugee, privately argued against the large-scale return of refugees in a meeting in March 2009: “On numbers of refugees, it is illogical to ask Israel to take 5 million, or indeed 1 million,” he told officials. “That would mean the end of Israel.”

Critics of the Ramallah-based Palestinian leadership, within the PLO as well as the Islamist movement Hamas, will be angered by the concession, while many Israeli Jews regard any return of refugees or their descendants as unacceptable.

Tzipi Livni, Israeli foreign minister and lead negotiator in the 2008 talks, made clear in an interview last month that she was implacably against any refugee return. “The Palestinians know my position on this and so does the entire Arab world,” she said. Indeed, the papers reveal Livni saying in the negotiations: “Your state will be the answer to all Palestinians, including refugees”.

Palestinian negotiators accept Jewish state, papers reveal: The Guardian

Tzipi Livni told she can call Israel what she wants, but her demands to move Arab Israelis to Palestinian state are rejected
An Israeli flag is projected on to the Old City walls of Jerusalem. Secret papers reveal Palestinian acceptance of demands for a Jewish state, and Israeli leaders pushing to move Palestinians out of such a state. Photograph: Michal Fattal/EPA
Palestinian negotiators privately accepted Israel’s demand that it define itself as a Jewish state, the leaked papers reveal, while Israeli leaders pressed for the highly controversial transfer of some of their own Arab citizens into a future Palestinian state as part of a land-swap deal.

Both issues go to the heart of the two-state solution to the conflict which 20 years of negotiations have failed to deliver.

Palestinian Authority leaders publicly reject any ethnic or religious definition of Israel, and it is fiercely opposed by many of Israel’s own Palestinian citizens.

When Israel’s Likud prime minister, Binyamin Netanyahu, said last October he would temporarily halt settlement building in exchange for Jewish state recognition, the chief Palestinian negotiator, Saeb Erekat, described it as a “racist” demand.

But behind closed doors in November 2007, Erekat told Tzipi Livni, the then Israeli foreign minister and now opposition leader: “If you want to call your state the Jewish state of Israel you can call it what you want,” comparing it to Iran and Saudi Arabia’s definition of themselves as Islamic or Arab.

Insistence by Israel and the US that Palestinians recognise Israel as an explicitly Jewish state, as part of a final settlement of the conflict and as being potentially linked to a loyalty oath for Arab citizens in Israel, is the focus of growing controversy.

Palestinians see it as effectively closing down the “right of return” of refugees to what is now Israel, and undermining the national and civil rights of the country’s 1.3 million-strong Arab minority.

The PLO and Israel formally recognised each other in 1993. But accepting Israel as an ethnically or religiously defined state is highly neuralgic, not least because it would be regarded by Palestinians as endorsing the legitimacy of Zionism.

Erekat signalled acquiescence but refused to formally discuss the matter further. “I don’t care,” he insisted in June 2009. “This is a non-issue. I dare the Israelis to write to the UN and change their name to the ‘Great Eternal Historic State of Israel’. This is their issue, not mine.”

But throughout the 2007-08 negotiations, the papers show, Livni and other Israeli negotiators emphasised that the Jewish character of Israel meant all Palestinians should look to a future Palestinian state to fulfil their national aspirations.

In several areas, Livni pressed for Israeli Arab citizens to be moved into a Palestinian state in a land-swap deal, raising the spectre of “transfer” – in other words, moving Palestinians from one state to another without consent. The issue is controversial in Israel and backed in its wholesale form by rightwing nationalists such as the Yisrael Beiteinu party of the foreign minister, Avigdor Lieberman.

During talks in April 2008 about the future borders between Israel and a Palestinian state, and land swaps to allow West Bank Jewish settlements to become part of Israel, Livni raised the issue of “some Palestinian villages that are located on both sides of the 1967 line about which we need to have an answer, such as Beit Safafa, Barta’a, Baqa al-Sharqiya and Baqa al-Gharbiya”. Earlier, she is recorded as having made clear that such swaps also meant “the swap of the inhabitants”.

Two months later Livni again argued for the transfer of Israeli Arab villages to a Palestinian state. Referring to a village she had visited in the predominantly Arab Wadi Ara area of Israel, she told Palestinian negotiators: “I said from the beginning that it can be part of the swaps.”

But Ahmad Qureia (Abu Ala) replied: “Absolutely not.” And when Livni’s fellow negotiator, Udi Dekel, mentioned another village on the Israeli transfer list, Betil, the Palestinian leader, explained at once: “This will be difficult. All Arabs in Israel will be against us.” To which another member of Livni’s team retorted: “We will need to address it somehow. Divided. All Palestinian. All Israeli.”

The message that Livni and her fellow negotiators wanted to get across was clear. In January 2008 she told Palestinian leaders: “The basis for the creation of the state of Israel is that it was created for the Jewish people. Your state will be the answer to all Palestinians, including refugees. Putting an end to claims means fulfilling national rights for all.”

Qureia had already stated flatly: “We’ll never accept any change in the reality of the life of the Arabs living in Israel or their transfer. They’re Israeli citizens.” But Livni’s implication was that the Palestinian state should be the “answer” for the Palestinian citizens of Israel, as well as millions of refugees and their families who fled or were forced out in 1948.

Both proposals appear to contravene international law and UN resolutions on the refugees. But in an extraordinary comment in November 2007, Livni – who briefly had a British arrest warrant issued against her in 2009 over alleged war crimes in Gaza – is recorded as saying: “I was the minister of justice. I am a lawyer … But I am against law – international law in particular. Law in general.”

She made clear that what might have seemed to be a joke was meant more seriously by using the point to argue against international law as one of the terms of reference for the talks and insisting that “Palestinians don’t really need international law”. The Palestinian negotiators protested about the claim.

Livni may also come under criticism from the Israeli right over comments in talks in November 2007, when she appeared to signal intent to give up the West Bank religious settlement of Kiryat Arba near Hebron as part of the need to “divide the land and to live in a smaller, Jewish and democratic state”.

The settlement does not appear on the maps created to illustrate the negotiating offer made by Ehud Olmert in 2008. Livni is recorded as telling Palestinian negotiators: “We have distinctions between blocs of settlements and individual settlements. Some are not even in our interest to expand.”

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