Palestinian Declaration of Independence

Background

On 28 October 1974, a significant step was taken during the Arab League summit held in Rabat when the Palestinian Liberation Organization (PLO) was designated as the "sole legitimate representative of the Palestinian people." This recognition underscored the group's pivotal role in advocating for Palestinian rights and highlighted the urgent need for the establishment of an independent Palestinian state. This declaration was a reflection of the prevailing sentiment in the Arab world regarding the Palestinian cause and served to bolster the PLO's standing both regionally and internationally.

The legal foundation for the Palestinian Declaration of Independence was rooted in United Nations General Assembly Resolution 181 (II), adopted on 29 November 1947. This resolution called for the termination of the British Mandate and proposed the partition of Palestine into two states: one Jewish and one Arab. The subsequent declaration of the State of Israel on 14 May 1948 led to immediate military confrontations, with neighboring Arab states intervening. Notably, the Arab Legion of Transjordan invaded and eventually annexed the West Bank in 1950, while Egypt took control of the Gaza Strip, establishing a military regime there. These territorial changes were further solidified by the Six-Day War in June 1967, which resulted in Israeli occupation of these areas.

Despite the proclamation of the State of Palestine in 1988, the PLO found itself in a challenging position, as it did not have administrative control over any territory. At this time, Jerusalem, designated as Palestine’s capital, remained under Israeli dominance, further complicating the recognition of Palestinian statehood. Consequently, the PLO operated primarily as a government-in-exile, advocating for the rights of Palestinians without actual governance over their claimed territories.

The political landscape shifted in the early 1990s, following the signing of the Oslo Accords, which facilitated the 1994 Gaza-Jericho Agreement. This pivotal agreement enabled the PLO to establish a limited degree of governance over Areas A and B of the West Bank and parts of the Gaza Strip, functioning under the Palestinian National Authority. This development marked a significant milestone in the Palestinian quest for self-determination. In 2012, the international community made further strides toward recognizing Palestinian statehood when the UN General Assembly granted Palestine the status of a non-member observer state. This recognition was a crucial affirmation of the Palestinian right to self-governance and sustained momentum for international support of the Palestinian cause.

Significance of the Palestinian Declaration of Independence

The Palestinian Declaration of Independence holds great significance within the historical and political context of the Palestine region, encompassing the territories defined by the British Mandate of Palestine. This area includes not only the entirety of modern-day Israel but also the West Bank and Gaza Strip, which, during the time of the declaration, were under Israeli Civil Administration. A foundational element referenced in the declaration is the United Nations Partition Plan for Palestine from 1947, which aimed to create two states, one Jewish and one Arab, in the sometimes contentious region. This plan, though accepted by the Jewish leadership, was outright rejected by the Palestinian Arab leadership, leading to ongoing conflict and division.

In the wake of this rejection, the All-Palestine Government was proclaimed in September 1948 within the Gaza Strip, operating under Egyptian protection. This was recognized by many members of the Arab League and represented an early, albeit short-lived, attempt to carve out a sovereign Palestinian state. However, the dissolution of this government by Egypt in the early 1950s underlined the persistent challenges faced by Palestinian nationhood aspirations. Notably, while the 1988 declaration of independence did not directly recognize the State of Israel, subsequent interpretations, particularly through UN Security Council Resolution 242, have led to a broader acceptance that it might implicitly acknowledge Israel's existence within the pre-1967 borders, an area that has become a focal point of negotiation and conflict over the decades.

The declaration notably emphasizes the significance of Palestine as "the land of the three monotheistic faiths," acknowledging the Jewish historical ties to the region while simultaneously spotlighting "the historical injustice inflicted on the Palestinian Arab people." This claim draws upon historical documents such as the Treaty of Lausanne in 1923 and UN General Assembly Resolution 181, which affirm the entitlements of the Palestinian people toward self-determination. By proclaiming the establishment of a "State of Palestine on our Palestinian territory with its capital Jerusalem," the declaration outlines an aspirational vision of a sovereign state. Although specific borders were not delineated, the inclusive language suggests that the demographics of Palestinians transcend geographic boundaries, implying that "the State of Palestine is the state of Palestinians wherever they may be."

The declaration further characterizes the future state as an Arab entity entwined with the larger Arab nation. It positions itself as an "Arab state, an integral and indivisible part of the Arab nation," a statement that invokes broader regional solidarity and emphasizes the identity of the Palestinian people within the global Arab context. This declaration not only marks a pivotal moment in Palestinian advocacy for statehood but also reflects the complexities and nuances of identity, sovereignty, and historical grievance that have shaped the narrative of the Palestinian struggle throughout the 20th and into the 21st century.

Consequences of the Declaration

The Palestinian Declaration of Independence, proclaimed in 1988, marked a pivotal moment in the history of the Palestinian Liberation Organization (PLO) and the Palestinians' quest for self-determination. Following this declaration, the Palestine National Council (PNC) called for multilateral negotiations grounded in UN Security Council Resolution 242, which promotes the principle of land for peace, emphasizing the return of territory occupied during the 1967 war in exchange for peace. This initiative was later termed "the Historic Compromise," as it signified a pivotal acceptance of the two-state solution and, importantly, did not challenge the legitimacy of the State of Israel. The PNC's communique specifically addressed the withdrawal from "Arab Jerusalem" and other "Arab territories occupied," establishing a clear framework for future negotiations.

Yasser Arafat’s diplomatic efforts bore fruit shortly after the declaration, particularly during his address at the United Nations. Arafat’s statements in Geneva clarified the Palestinians’ position and alleviated U.S. concerns regarding ambiguity in the declaration. This development laid the groundwork for open dialogue between the United States and the PLO, a significant stride towards international acceptance and support for the Palestinian cause.

The United Nations General Assembly responded positively to the declaration by inviting Arafat to speak, leading to the adoption of Resolution 43/177. This resolution acknowledged the State of Palestine proclaimed by the PNC and mandated that the designation "Palestine" replace "Palestine Liberation Organization" within the UN context. Notably, 104 states voted in favor of this resolution, indicating a substantial international endorsement for Palestinian statehood, although notable abstentions and opposing votes from the United States and Israel reflected ongoing geopolitical tensions. By the end of 1988, 75 states recognized Palestine, and by February 1989, that number had increased to 93, underlining a growing consensus among nations regarding Palestinian aspirations.

On 29 November 2012, a significant advancement was made when the UN General Assembly passed Resolution 67/19, which upgraded Palestine’s status to that of a non-member observer state. This resolution, adopted coinciding with the International Day of Solidarity with the Palestinian People, not only reinforced Palestine's international recognition but also kept the PLO as the representative entity of the Palestinian people in the UN. Such recognition was crucial, as it provided Palestine with a more substantial voice in international affairs.

However, challenges persist. On 31 December 2014, a UN Security Council resolution calling for an end to Israeli occupation and the establishment of a Palestinian state by 2017 was voted down. Despite support from eight members, including prominent nations like Russia, China, and France, the resolution failed to achieve the needed majority to pass. Notable opposition from Australia and the United States, alongside abstentions from various nations, indicated the complexities and deeply rooted divisions in international politics regarding the Israel-Palestine conflict. This episode highlighted the ongoing struggle for Palestinian statehood amid fluctuating international dynamics, underscoring that while the declaration initiated a significant diplomatic journey, the road ahead remains fraught with challenges.