[Congressional Record Volume 141, Number 9 (Tuesday, January 17, 1995)]
[Extensions of Remarks]
[Page E114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   A JUST AND LASTING PEACE IN THE MIDDLE EAST: WHAT CONGRESS CAN DO

                                 ______


                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                       Tuesday, January 17, 1995
  Mr. RAHALL. Mr. Speaker, the leadership of the Churches for Middle 
East Peace have co-written a letter to all Members of Congress 
concerning steps Congress can take to help build confidence between 
Palestinians and Israelis in order to continue making progress toward 
lasting peace.
  The letter articulates two issues with profound implications for 
negotiations in the months ahead and which are also of urgent concern 
to the churches: The future of Jerusalem and the protection of human 
rights.
  Mr. Speaker, the group, Churches for Middle East Peace, are made up 
of a broad range of religions and religious beliefs and practices, and 
they include: The American Baptist Churches, USA, American Friends 
Service Committee, Church of the Brethren, Episcopal Church, 
Evangelical Lutheran Church in America, Maryknoll Fathers and Brothers, 
Mennonite Central Committee, Presbyterian Church [USA], Roman Catholic 
Conference of Major Superiors of Men, Unitarian Universalist 
Association of Congregations, United Church of Christ, and the United 
Methodist Church.
  They encourage us, as Members of Congress, to actively support the 
Israeli-Palestinian peace process which lies at the core of the broader 
Arab-Israeli conflict, because they believe the process is presently at 
risk of breaking down. In support of their belief that the process is, 
or may become, at risk, they particularly cite the following:
  Jerusalem: It is critical that the 104th Congress not hinder these 
negotiations by urging President Clinton to implement a policy that 
favors Israel's claims to the portion of the city annexed in 1967. 
Members of Congress can make an important contribution by encouraging 
the President to keep the question of Jerusalem open for the parties to 
negotiate and to respect the rights and aspirations of both parties. 
The letter goes on to say ``. . . it is crucial that the U.S. 
Government vigorously oppose Israeli building of settlements or the 
expansion of existing settlements in the territory occupied by Israeli 
forces in 1967.''
  Human rights: We are concerned that human rights abuses, perpetrated 
both by the Israeli authorities and the Palestinian National Authority 
continue and that the U.S. Government in its role as a cosponsor of the 
peace process is doing little to promote respect for human rights.
  Mr. Speaker, I commend to my colleagues this joint letter, and urge 
their reading of it in its entirety. The letter is reprinted here with 
the blessings and hope of the Churches for Middle East Peace for our 
thorough understanding of the issues, and for all necessary action to 
further a just and lasting peace in the Middle East.

                                                      Churches for


                                            Middle East Peace,

                                  Washington, DC, January 3, 1995.
     Hon. Nick J. Rahall,
     U.S. House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Congressman Rahall, The members of Churches for Middle 
     East Peace (CMEP), a coalition of the Washington offices of 
     Protestant, Roman Catholic Episcopal, and historic peace 
     churches, encourage your active support for the Israeli-
     Palestinian peace process which lies at the core of the 
     broader Arab-Israeli conflict. We are writing to you now 
     because we believe that process is at risk and there are 
     steps the U.S. Congress can take to help build confidence 
     between Palestinians and Israelis in order to continue making 
     progress toward lasting peace.
       There are a number of problems that may undermine the peace 
     process. We would like to draw your attention at this time to 
     two issues with profound implications for negotiations in the 
     months ahead and which are also of urgent concern to the 
     churches: the future of Jerusalem and the protection of human 
     rights.
       Jerusalem: The Declaration of Principles, signed by Israel 
     and the PLO on September 13, 1993, stipulate that the final 
     status of Jerusalem is to be determined by the Government of 
     Israel and the representatives of the Palestinian people in 
     the context of the ``permanent status negotiations'', now 
     scheduled to begin no later than May, 1996. It is critical 
     that the 104th Congress not hinder these negotiations by 
     urging President Clinton to implement a policy that favors 
     Israel's claims to the portion of the city annexed in 1967. 
     Members of Congress can make an important contribution by 
     encouraging the President to keep the question of Jerusalem 
     open for the parties to negotiate and to respect the rights 
     and aspirations of both parties.
       Israelis and Palestinians must be encouraged to avoid 
     unilateral actions that would prejudice the permanent status 
     negotiations on Jerusalem. Most importantly, it is crucial 
     that the U.S. Government vigorously oppose Israeli building 
     of new settlements or the expansion of existing settlements 
     in territory
      occupied by Israeli forces in 1967. Many observers fear that 
     the settlement activity is an attempt by Israel to preempt 
     the negotiations on Jerusalem by creating overwhelming 
     facts on the ground.
       The permanent status of Jerusalem, and the process by which 
     it is determined, holds the potential for either promoting 
     reconciliation between Jews, Christians, and Muslims or 
     fostering conflict between them. We urge the U.S. Government 
     to advance a vision of Jerusalem, ``city of peace,'' as a 
     symbol of reconciliation for the three faiths and for 
     Palestinians and Israelis.
       [[Page E113]] Human rights: The protection of human rights 
     is an essential ingredient in the process of peacemaking. We 
     are concerned that human rights abuses, perpetrated both by 
     the Israeli authorities and the Palestinian National 
     Authority (PNA), continue and that the U.S. Government in its 
     role as a co-sponsor of the peace process is doing little to 
     promote respect for human rights.
       In mid-September two of our members, Pastor Mark Brown of 
     the Lutheran Office for Governmental Affairs and human rights 
     attorney Terence Miller of the Maryknoll Justice and Peace 
     Office, met with leaders of Israeli and Palestinian human 
     rights organizations and representatives of international 
     bodies such as the United Nations Secretariat and the 
     International Committee of the Red Cross to assess the human 
     rights situation throughout the occupied territories. The 
     enclosed briefing paper, prepared by Pastor Brown, Mr. Miller 
     and staff of a number of other U.S. religious and human 
     rights organizations, asks that particular attention be 
     focussed on the following four areas:
       1. Ensuring the creation of democratically accountable 
     forms of government in the Palestinian partial self-rule 
     areas;
       2. Providing for the deployment of international human 
     rights monitors throughout the territories to bolster 
     protection for human rights and the rule of law for all;
       3. Preventing the institutionalization of a dual and 
     discriminatory justice system as a consequence of continuing 
     military occupation; and
       4. Calling for an end to illegal Israeli settlement 
     activity.
       We want you to know that we share the concerns raised in 
     this briefing paper and ask that you will carefully consider 
     the suggestions for U.S. Government action offered in each of 
     the four areas.
       We commend Israel and the Palestinian National Authority 
     for their determination to press ahead despite horrendous 
     acts of violence which make the way to peace all the more 
     painful and arduous. We ask that you honor their commitment 
     to the achievement of peace by
      promoting a U.S. policy which fosters a negotiated solution 
     for Jerusalem and the protection of human rights.
           Sincerely,
         Robert Z. Alpern, Director, Washington Office, Unitarian 
           Universalist Association; Dale L. Bishop, Middle East 
           Liaison, National Council of Churches of Christ in the 
           USA; Fr. Robert J. Brooks, The Presiding Bishop's 
           Director of Government Relations, The Episcopal Church; 
           Mark B. Brown, Assistant Director, Lutheran Office for 
           Governmental Affairs, Evangelical Lutheran Church in 
           America; J. Daryl Byler, Director, Washington Office, 
           Mennonite Central Committee; Peggy Hutchison, Area 
           Secretary for the Middle East and North Africa, World 
           Division, General Board of Global Ministries, The 
           United Methodist Church; Elenora Giddings Ivory, 
           Director, Washington Office, Presbyterian Church (USA); 
           The Rev. Ted Keating, Director for Peace and Justice, 
           Roman Catholic Conference of Major Superiors of Men's 
           Institutions.
         Jay Lintner, Director, Office for Church in Society, 
           United Church of Christ; James Matlack, Director, 
           American Friends Service Committee, Washington Office; 
           Timothy A. McElwee, Director, Church of the Brethren, 
           Washington Office; Terence W. Miller, Director, 
           MaryKnoll Justice & Peace Office; Nancy Nye, 
           Legislative Secretary, Friends Committee on National 
           Legislation; Anna Rhee, Executive Secretary for Public 
           Policy, Women's Division, General Board of Global 
           Ministries, The United Methodist Church; Robin Ringler, 
           Peace with Justice Program Director, General Board of 
           Church and Society, The United Methodist Church; Robert 
           W. Tiller, Director, Office of Governmental Relations, 
           American Baptist Churches USA.
                                  ____

         Human Rights and the Israeli-Palestinian Peace Process

(A briefing paper prepared by staff of the Human Rights Program of the 
Carter Center, the Robert F. Kennedy Memorial Center for Human Rights, 
 the Lawyers Committee for Human Rights, the American Friends Service 
   Committee, the Lutheran Office for Governmental Affairs, and the 
           Maryknoll Justice and Peace Office, Oct. 28, 1994)

       The implementation of effective human rights safeguards for 
     all people of the Middle East is essential to the success of 
     efforts to create a just and lasting peace in the region. 
     Respect for human rights in Israel and the occupied 
     territories is an objective of the peace process and can 
     contribute much in this interim phase to building the climate 
     of mutual trust necessary for the achievement of peace.
       U.S. policy makers have recognized the crucial importance 
     to the peace process of promoting improvements in the quality 
     of life of Israelis and Palestinians. There are broad public 
     expectations among both communities that if peace is to have 
     any meaning it will bring with it a marked decrease in 
     political violence and human rights abuse. These 
     expectations, which go beyond those that are simply economic, 
     have yet to be addressed, and initial hopes for improved 
     human rights protection are giving way to skepticism and 
     disappointment.
       Unfortunately, our government is doing little to ensure 
     that consideration for human rights is at the forefront of 
     the peace negotiations. Administration officials assert that 
     human rights issues are ``something to be discussed between 
     the parties.'' This is an abandonment of the U.S. 
     government's duties as a co-sponsor of the peace process. The 
     administration must take a lead in ensuring that human rights 
     are not the unintended casualty of the single-minded pursuit 
     of a political settlement.
       Threats to the fundamental human rights of Palestinian 
     residents of the territories come both from the Israeli 
     occupation authorities, and from the newly created 
     Palestinian National Authority. The U.S. government has a 
     role to play in ensuring that both these powers carry out 
     their responsibilities in accordance with relevant standards 
     of international human rights and humanitarian law. Failure 
     to uphold the rule of law will only fuel mistrust, foster 
     extremism, and interfere with the process of peacemaking.
       Particular attention should be focused on the following 
     four areas.
       (1) Ensuring the creation of democratically accountable 
     forms of government in the Palestinian partial self-rule 
     areas.
       The Declaration of Principles, signed on the White House 
     Lawn just over one year ago, provided for the holding of 
     ``direct, free and general'' elections among Palestinians in 
     the West Bank and Gaza Strip to be held within nine months of 
     the signing of the agreement. These elections have not yet 
     been held, and preparations for them are not well advanced. 
     Meanwhile, Chairman Arafat and the appointed Palestinian 
     National Authority (PNA) wield broad discretionary powers 
     over the everyday lives of Palestinians in Gaza and Jericho, 
     including selection of judges and local government leaders. 
     The PNA has already threatened basic rights such as freedom 
     of expression and assembly by banning newspapers, putting 
     constraints on peaceful political gatherings, and other 
     measures that have a chilling effect on democratic discourse.
       There is a close correlation between the protection of 
     fundamental human rights and the existence of a 
     representative governing authority. If the habits of 
     democratic governance are to take root in the territories, 
     further delay in the holding of free and fair elections 
     should be minimized.
       The United States can help meet the expectations widely 
     expressed by the Palestinian public for democratic and 
     accountable government by actively encouraging both Israel 
     and the PNA to move forward with negotiations preparatory to 
     the holding of elections, and by supporting practical 
     measures conducive to the holding of elections that are free, 
     fair and open to a broad spectrum of political movements. 
     Such measures include protection of fundamental civil and 
     political rights, voter education, support for the 
     independent role of Palestinian human rights groups, and the 
     withdrawal of Israeli troops from Palestinian population 
     centers throughout the occupied territories during the 
     election campaign and voting.
       The United States should also promote the creation of an 
     accountable form of government in the Palestinian areas after 
     elections. In this regard, the election of an executive 
     council alone, not counterbalanced by an elected legislature 
     nor by an independent judiciary, does not constitute the 
     basis for a functioning democratic form of government.
       (2) Providing for the deployment of international human 
     rights monitors throughout the territories to bolster 
     protection for human rights and the rule of law for all.
       The human rights situation in the territories remains 
     highly volatile. There are armed extremist groups on both 
     sides each
      committed to inflicting violence in the hope of derailing 
     the peace process. The temptation is ever present for the 
     Israeli government, PNA and opposition groups to exploit 
     violent incidents for their own political purposes. The 
     possibility of a cycle of violence taking hold in these 
     circumstances, both inter-communally and intra-communally, 
     should not be discounted.
       An unarmed international human rights monitoring presence, 
     under appropriate multilateral auspices, could play a 
     valuable role in defusing disputes, and acting as an 
     impartial witness to events. The ability of such a presence 
     to report publicly on its findings should be established at 
     the outset because it would be likely to deter potential 
     human rights violators.
       The groundwork for the deployment of such a presence has 
     already been laid in negotiations between the parties and at 
     the United Nations. The Cairo Agreement provided for the 
     deployment of a Temporary International Presence (TIP) in 
     Gaza and Jericho, although the scope of its duties was left 
     to be defined by Israelis and Palestinians at a later date. 
     Security Council Resolution 904, which followed the Hebron 
     massacre of February 1994, also provided for a ``temporary 
     international or foreign presence . . . to guarantee the 
     safety and protection of Palestinian civilians throughout the 
     occupied territory.''
       The U.S. government should intercede with both parties to 
     permit the deployment of an independent multilateral human 
     rights monitoring presence throughout the territories 
     occupied by Israel in 1967. For the human rights protection 
     function of such a presence to be successfully accomplished, 
     clear terms of reference need to be drawn up in advance, and 
     agreed to by all parties, firmly rooting 
     [[Page E114]] its activities in applicable standards of 
     international law.
       (3) Preventing the institutionalization of a dual and 
     discriminatory justice system as a consequence of continuing 
     Israeli military occupation.
       The development of democratic norms of governance within 
     Palestinian areas is also impaired by stark inequalities 
     between Israelis and Palestinians in many areas, including 
     the standard of justice available to members of each 
     community. The Cairo Agreement of May 4, 1994, establishing 
     partial Palestinian self-rule within the Gaza Strip and 
     Jericho, provides for the continuation, in many 
     circumstances, of the Israeli military justice system for 
     offenses against Israelis or Israeli security, committed by 
     Palestinians. Palestinian courts have been given no similar 
     jurisdiction over Israelis who may commit offenses against 
     Palestinians. Israelis who commit offenses in the territories 
     are tried in Israeli civilian courts with a high level of 
     regard for due process protection. In contrast, Palestinians 
     are subject to the summary proceedings of the Israeli 
     military courts.
       This inequality before the law is deleterious to the 
     cooperation between the Palestinian Authority and the Israeli 
     government in law and order and security matters specifically 
     called for in the agreements. Events such as the abduction of 
     Israeli soldier Nachshon Waxman, and the bomb attack in 
     central Tel Aviv, underline the absolute need for such 
     cooperation. However, cooperation cannot flourish on a basis 
     of institutionalized discrimination.
       The U.S. government should urge the Israeli government and 
     the PNA to eradicate disparities between the rights of 
     Palestinian and Israeli criminal suspects from the 
     territories. Members of Congress could contribute positively 
     to this end by supporting Administration efforts to encourage 
     the parties to ensure that administration of justice for all 
     people in the territories guarantees equal protection, due 
     process and other basic legal safeguards.
       (4) Calling for an end to illegal Israeli settlement 
     activity.
       The building of Israeli settlements in the occupied 
     territories is a violation of international law, and greatly 
     exacerbates Palestinians' fears that they will be left with 
     little land over which to exercise political autonomy. 
     Previous U.S. presidents have stated that the settlements are 
     illegal and constitute an obstacle to peace. Nevertheless, 
     even as the negotiations between the Palestinian Authority 
     and the Israeli government continue, Israeli settlement 
     activity has not abated. For example, the Israeli government 
     is currently considering adding another 700 housing units to 
     the Alfei Menashe settlement near the West Bank city of 
     Qalqilya.
       Expansion of settlements undermines Palestinian confidence 
     in Israeli intentions. It also violates the spirit of interim 
     agreements and creates facts on the ground that may prejudice 
     final status negotiations.
       The Congress and the U.S. Administration can avoid 
     inadvertently signaling support for these actions by 
     reiterating the importance of halting further Israeli 
     settlement activity and continuing to require that U.S. aid 
     to Israel not be used for settlements as stipulated by U.S. 
     Public Law 102-391, Title VI. By ensuring that no U.S. 
     foreign assistance is used by Israel to support settlement 
     activities, they will contribute to building Palestinian 
     confidence in the agreements.
Vol. 141


WASHINGTON, TUESDAY, JANUARY 17, 1995

No. 9


House of Representatives