Foreign relations of the Palestinian National Authority

The foreign relations of the Palestinian National Authority (PNA) are conducted by the PLO which maintains a network of offices in foreign countries. The Palestinian National Authority was established in 1994 following the Oslo Accords and the Israeli-Palestinian Interim Agreement. The Israeli government transferred certain powers and responsibilities of self-government to the PNA, which are in effect in parts of the West Bank, and used to be effective in the Gaza Strip before its takeover by Hamas. Foreign relations by the PNA are conducted by the Foreign Affairs Minister of the Palestinian National Authority, who since July 2007 has been Riyad Al-Maliki.

States maintain official relations with the PNA through offices in the Palestinian territories, and through the PLO that represents it abroad.

From 2011, the PNA's diplomatic efforts have been focussed on the so-called Palestine 194 campaign, aiming to gain membership for the State of Palestine in the United Nations. It seeks to effectively gain collective recognition for a Palestinian state based on the borders prior to the Six Day War, with East Jerusalem as its capital.

Background

The Palestine Liberation Organization (PLO) has conducted foreign relations with states and international organisations since its inception in 1964.^[1] In 1974, United Nations General Assembly Resolution 3236 recognised the right of the Palestinian people to self-determination, national independence, and sovereignty in Palestine. It also recognised the PLO as the representative of the Palestinian people to the United Nations.

On 15 November 1988, the PLO declared the State of Palestine, which was quite widely recognised by foreign governments,^[2] although often statements made were of an equivocal nature.^[3] In February 1989 at the United Nations Security Council, the PLO representative publicly acknowledged recognition from 94 states.^[4][5] Since then, additional states have publicly extended recognition.

Both the PNA and the PLO (representing itself, the State of Palestine, or the PNA) now maintain an extensive network of diplomatic relations,^[6] and participate in multiple international organisations with status of member state, observer, associate, or affiliate. The designation "Palestine", adopted in 1988 by the UN for the PLO,^[7] is currently also used as reference to the PNA and the State of Palestine by states and international organisations, in many cases regardless of the level of recognition and relations they have with any of these entities.

Bilateral relations

The Palestinian National Authority is represented abroad by the PLO, which maintains a network of missions and embassies.^[8] Most states that have recognised the State of Palestine have elevated the PLO representation in their country to the status of embassy.^[9] A number of other states have granted some form of diplomatic status to a PLO delegation, falling short of full diplomatic recognition. In some cases, as a matter of courtesy, these delegations and missions have been granted diplomatic privileges,^[9] and are often referred to as "embassies" with their heads as "ambassadors".^[10]

Representation of foreign countries to the PNA is performed by missions or offices in Ramallah and Gaza. States that recognise the State of Palestine also accredit to the PLO^[11] (acting as its government-in-exile^{[12][13][14][note 1]}) non-resident ambassadors residing in third countries.^[22][23]

Alphabetical table of relations

A total of 142 states, in addition to the European Union, currently have some form of diplomatic relations with the PLO and PNA.

Relations with international organisations

The Palestine Liberation Organization and the Palestinian National Authority are represented in various international organizations as member, associate or observer. Because of inconclusiveness in sources, in some cases it is impossible to distinguish whether the participation is executed by the PNA, the PLO as representative of the Palestinian state, or by the PLO as a non-state entity. Often, the designation by the international organisation is usually simply with "Palestine".

Additionally the Palestinian National Authority participates in trade liberalisation:

• has customs union with Israel ^{[note 6]}
• has free trade agreements with the EU,^[271] EFTA,^[272] and Turkey^[273]
• is covered by the free trade agreement between the United States and Israel
• participates in the Greater Arab Free Trade Area of the Council of Arab Economic Unity
• is in negotiations for free trade agreement with Mercosur

The Palestine Liberation Organization and the Palestinian National Authority are jointly^{[note 7]} accepted as party to the international agreements on roads,^[275] railways,^[276] and maritime transport^[277] in the Arab Mashreq.

Arab League

In 1964, the first summit of the League of Arab States, held in Cairo in January, resulted in a mandate for the creation of a Palestinian entity.^[278][279] Subsequently, in May, the Palestine Liberation Organization was established during a meeting of the Palestinian National Congress in Arab-controlled Jerusalem.^[280] The organisation's establishment was formally approved at the Arab League's second summit, held in Alexandria in October.^[281] The PLO was granted full membership in 1976.^[282] Its seat was assumed by the State of Palestine following the declaration of independence in 1988.^[282]

Organisation of Islamic Cooperation

The PLO was accorded full membership in the Organisation of the Islamic Conference (OIC; now named Organisation of Islamic Cooperation) in 1969;^[283] it attended the founding conference, held in Rabat in September 1969, as an observer.^[284] Its seat was assumed by the State of Palestine following the declaration of independence in 1988. It is also a member of the Islamic Development Bank, an international financial institution for member states of the OIC.^[285][286]

United Nations representation

The Palestine National Council (PNC) sent formal notification to the U.N. Secretary-General regarding the establishment of the Palestine Liberation Organization (PLO) in May 1964. The following year in October, some Arab states requested that a PLO delegation be allowed to attend meetings of the Special Political Committee, and it was decided that they could present a statement, without implying recognition. PLO participation in the discussions of the Committee took place under the agenda item of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) from 1963 to 1973.^[287]

The Palestine Liberation Organization gained observer status at the United Nations General Assembly in 1974 through General Assembly Resolution 3237. In the UNGA's regional groupings, the PLO gained full membership in the Group of Asian states on 2 April 1986.^{[note 5]} Acknowledging the proclamation of the State of Palestine,^[288] the UN re-designated this observer to be referred to as "Palestine" in 1988 (General Assembly Resolution 43/177) and affirmed "the need to enable the Palestinian people to exercise their sovereignty over their territory occupied since 1967".^[288][289] In July 1998, the General Assembly adopted a new Resolution (52/250) conferring upon Palestine additional rights and privileges, including the right to participate in the general debate held at the start of each session of the General Assembly, the right of reply, the right to co-sponsor resolutions and the right to raise points of order on Palestinian and Middle East issues.^[290] By this resolution, "seating for Palestine shall be arranged immediately after non-member States and before the other observers."^[290] This Resolution was adopted by a vote of 124 in favour, 4 against (Israel, Marshall Islands, Federated States of Micronesia, United States) and 10 abstentions.^[291][292]

Since 2011, Palestinian diplomacy has been focussed on the so-called Palestine 194 campaign, which aims to gain membership for the State of Palestine in the United Nations at its 66th Session in September 2011. It seeks to effectively gain collective recognition for a Palestinian state based on the borders prior to the Six Day War, with East Jerusalem as its capital.

Applications

Geneva Conventions

In 1989, the Palestine Liberation Organization, on behalf of the State of Palestine, submitted a letter of accession to the Geneva Conventions. However, Switzerland, as the depositary state, determined that because the question of Palestinian statehood had not been settled within the international community, it was therefore incapable of recognising Palestine as a "power" that could accede to the Conventions.^[293]

"Due to the incertainty [sic] within the international community as to the existence or the non-existence of a State of Palestine and as long as the issue has not been settled in an appropriate framework, the Swiss Government, in its capacity as depositary of the Geneva Conventions and their additional Protocols, is not in a position to decide whether this communication can be considered as an instrument of accession in the sense of the relevant provisions of the Conventions and their additional Protocols."^[294]

Nevertheless the Palestine Red Crescent Society is currently member of the International Federation of Red Cross and Red Crescent Societies, which requires its participants to adhere to the Geneva Conventions.^{[note 8]}

World Health Organization

The PLO currently holds observer status at the World Health Organization (WHO), but applied for full membership status for the State of Palestine in 1989. The United States, which provided one-quarter of the WHO's funding at the time, informed the WHO that its funding would be withheld if Palestine was admitted as a member state. Yasser Arafat described the U.S. statement as "blackmail". The PLO was asked to withdraw its application by the WHO director general. The WHO subsequently voted to postpone consideration of the application and no decision on the application has been made yet.^[293] John Quigley writes that Palestine's efforts to gain membership in several international organisations connected to the United Nations was frustrated by U.S. threats to withhold funding from any organisation that admitted Palestine.^[296] On October 31, 2011, following the admission of Palestine to UNESCO, the Minister of Health Fathi Abu Moghli announced that the PNA will now seek membership at the WHO.^[297]

United Nations

In September 2011, the PLO submitted an application for full membership of the United Nations. In a speech to the General Assembly, President Mahmoud Abbas said:^[298]

"I would like to inform you that, before delivering this statement, I, in my capacity as President of the State of Palestine and Chairman of the Executive Committee of the Palestine Liberation Organization, submitted to H.E. Ban Ki-moon, Secretary-General of the United Nations an application for the admission of Palestine on the basis of the 4 June 1967 borders, with Al-Kuds Al-Sharif as its capital, as a full member of the United Nations."

Participation in international sports federations

Aftermath of Hamas' victory

After the victory of the Change and Reform list (led by Hamas) in the 2006 elections, many governments, including the United States, as well as the European Union, cut ties with the organs of the PLC,^[300][301] but not those connected to the PNA President, Mahmoud Abbas. The boycott led to the withholding of foreign aid, upon which much of the Palestinian economy is dependent, promised to the PNA. The European Union set up a mechanism to transfer some aid to PNA employees, many of whom had gone unpaid for months, that bypassed the government. After Abbas' sacking of Prime Minister Ismail Haniya as a response by Hamas' takeover of the Gaza Strip in June 2007, the boycott was lifted.

Notes

References

Bibliography

• Fowler, Michael; Bunck, Julie Marie (1995). Law, power, and the sovereign state: the evolution and application of the concept of sovereignty. Penn State Press. ISBN 0271014717, 9780271014715. http://books.google.com/?id=oAp_97VvpMIC&pg=PA59&dq=%22recognized+the+state+of+palestine%22&cd=15#v=onepage&q=%22recognized%20the%20state%20of%20palestine%22. 
• Takkenberg, Alex (1998). The status of Palestinian refugees in international law (Illustrated ed.). Oxford University Press. ISBN 0198265905, 9780198265900 
• Talmon, Stefan (1998). Recognition of governments in international law: with particular reference to governments in exile (Illustrated ed.). Oxford University Press. ISBN 0198265735, 9780198265733. http://books.google.com/?id=scc8EboiJX8C&pg=PA158&dq=%22recognized+the+state+of+palestine%22&cd=21#v=onepage&q=%22recognized%20the%20state%20of%20palestine%22. 
• Quigley, John (1990). Palestine and Israel: A Challenge to Justice. Duke University Press. 

External links

• Ministry of Foreign Affairs