STATEMENT

to the 53rd Session of the United Nations Organisation's
Commission on Human Rights
(Geneva, 10 March to 18 April 1997)

- made under the auspices of "Franciscans International" (NGO in general consultative status I - with ECOSOC), on behalf of the Custody of the Holy Land of the Order of Friars Minor -

It is a cause for satisfaction, and hope, that the current Israeli-Palestinian peace process in the Holy Land, which is taking place within the framework of the Madrid Regional Peace Conference for the Middle East, is, in effect, promoting the further implementation of Resolution 181 (II) of the General Assembly of the United Nations Organisation, of 29 November 1947 - in terms of both (1) favouring the proper independence and the appropriate inter-dependence of the Israeli and Palestinian peoples in the former Mandatory Palestine, and (2) doing this through broad international involvement, specifically through the multi-track Regional Peace Conference.

The UN is not institutionally a direct actor in this process, although, ultimately the process and its outcome depend on UN endorsement. Specifically, determination that Resolution 181, on which the just claims of both Peoples are founded internationally, depends on the fulfilment, if not of its detailed territorial dispositions - now in many respects, obsolete - then of its overriding intent. This intent is to ensure that, throughout the Land, in both National States, and above all, in Jerusalem and its environs, the institutions of government, and the whole of society, be founded on the acceptance, promotion and observance of human rights, including especially the right to freedom of religion and conscience, on a basis of the equality of all, without discrimination. Indeed the Resolution prescribed, inter alia, explicit provisions to this effect that both States were to incorporate in their respective Constitutions.

The subsequent breakdown in security in the Holy Land, and the ensuing, prolonged conflict between the two Nations - and involving other countries, near and far - retarded for decades the implementation of the UN vision for the Land. In particular, a situation of armed conflict, with all its corollaries and consequences, has not been helpful to safeguarding observance of human rights, while either Nation still lacks a proper Constitution incorporating the precise provisions mandated by the UN.

The Peace process has brought hope to the Palestinian and Israeli peoples. They experience the process as fraught with dangers and difficulties, often halting, yet their perception is that the national leaderships, as well as the sponsors and international participants in the Peace Conference, are determined that it continue and reach its goal of a definitive peace treaty between the Israeli and Palestinian Nations.

Now even as it - rightly and wholeheartedly - supports this determination, is it not equally the duty of the international community to insist on that dimension of any peace, without which it cannot be worthy of that name, the human rights dimension? There is a danger that the two Governments, as well as the other States concerned in the Peace Conference, may become so focused on the many complex political, military and economic issues involved as to neglect of that other name for peace, which is human rights, their constitutional and legislative protection, as well as their administrative observance, especially in areas of permanent special international attention, namely, Jerusalem and its environs.

There is, of course, cause for particular attention, at present, to the complex situation on the ground:(I) Pending the Israeli-Palestinian definitive peace treaty, some areas are still under a regime of belligerent occupation, subject to the 1949 Fourth Geneva Convention; (II) in the State of Israel, a slow and sometimes painful legislative effort to advance the ideals of the Declaration of Independence - by constitutional-like guarantees for certain human rights - is still having to contend with influential rival conceptions of the State and society; (III) in the Palestinian governed territories, the foundational, historic commitment of the Palestinian national movement to a democratic and secular State is yet to be fully realised - as the Palestinian nation expands its sphere of independent governance - legislatively and administratively, and by all branches and agencies of government and public authority.

Peace is necessary to the ability of both nations to guarantee the full observance of human rights, since only a definitive peace would definitively remove the real and claimed emergency situations, which are cited to justify suspension, abridgement and even violation of human rights. At the same time though, human rights are essential for there to be peace, within and between these two societies.

Some human rights issues require urgent, practical attention. These issues are surely well known to the Commission and its members. Without prejudice to the importance of any other issues affecting human rights in the Holy Land, mention can be made of issues concerning the freedom of religion and conscience, freedom of expression and opinion, freedom of movement, and certain grave issues concerning the liberty and physical and moral integrity of the person, as well as property rights. The Commission could surely assist both Governments in securing appreciation for, and observance of, these and other truly fundamental human rights, even in this period of transition from conflict to peace, when the Holy Land is subject, in fact, to three different legal regimes (two national ones and a regime of belligerent occupation). The task of managing the delicate mix of the remains of conflict and the beginnings of peace, arduous as it is, could not justify alienation of inalienable rights, which, belonging, to that "image and likeness" of the Creator that is stamped upon humanity, that humanity is.

At the same time, it is suggested that, while attending - on an urgent and practical basis - to assisting and advising the two Governments during the present transitional period, the United Nations, - author, guarantor, keeper of the Universal Declaration of Human Rights and its instruments application - offer to play a major role in shaping the human rights dimension of the Peace Process, in fidelity to the intent of Resolution 181. Let the UN emphasise that the maturity of both national communities in the Holy Land, and the definitive international endorsement of their bilateral accord, require, inter alia - indeed, in first place - that they implement, within and between themselves, the human rights provisions of that Resolution, amplified and specified by the subsequent evolution of international human rights law. Within both nations there are strong currents that might eventually carry them in an altogether different direction. Both, severally and jointly, may therefore greatly benefit from steady, determined help by the United Nations to stay the course charted by Resolution 181, affirmed by their own original "vision statement" and implicit in their internationally supported quest for peace.

Without prejudice to appropriate responsibilities earlier assumed by the Human Rights Commission regarding the application of the Fourth Geneva Convention areas still under belligerent occupation, pending their negotiated disposition within the next couple of years, it is suggested that the Commission - through suitable political, diplomatic, legal mechanisms - seek and receive as of now a major role in assisting the Parties, together with their sponsors and their other peace partners, in developing and putting in place the human rights dimension of their evolving peace treaty, of their respective Constitutions and laws, and of their respective administrations. It is suggested that this be done with reference to the intent of Resolution 181, and as a service to both nations, in a spirit of friendship and good-will towards both - not in a needlessly confrontational mode, or in any way that may harm, rather than promote, the purpose of the initiative.

Let this initiative extend to promoting human rights education in both nations' schools as well as human rights information in both nations' public and private mass-media and "town squares". A serious commitment of effort and resources in both areas, in harmony with both national authorities, would make it very probably the most effective single initiative to promote peace, justice and reconciliation in the Holy Land.

This STATEMENT is being made, under the auspices of "Franciscans International", on behalf of the Custody of the Holy Land, of the Order of Friars Minor. The Custody is the oldest public-law institution in continuous existence - both legal and effective - in the Holy Land, having been founded, in its stable form, by the Holy See, in 1342. Through the centuries, the Custody of the Holy Land has received wide international recognition in various forms, and has made official contributions to successive attempts to bring just and stable peace to the Holy Land, including, for example, the post World War I Peace Conference and the preparation of Resolution 181. At present too, the Custody maintains constant contact with both Governments, is present within both societies, and enjoys the respect, not only of the political communities, but also of other communities, including, of course, the several Christian and other religious communities. In all matters concerning international justice and peace, as is everything else, the Custody is, of course, committed to upholding, supporting and promoting the teachings, policies and positions of the Holy See which are well known at the UN, including those concerning the Holy Land, in general, and the current peace process in particular. Explicit mention must, however, be made, within this STATEMENT of the well known position of the Holy See on the City of Jerusalem and environs, where safeguarding of the universally significant religious and cultural heritage, in a context of guaranteed observance of human rights - particularly the human right to freedom of religion and conscience - should require also "an internationally guaranteed special statute" in conformity with the intent of Resolution 181. Achieving such an international instrument, possibly through the multilateral track of the Peace Conference, would under gird, the bilateral Israeli-Palestinian negotiations on Jerusalem (mandated by those Parties' existing agreements), immeasurably enhance their effectiveness, ensure the international legitimacy of their bilaterally agreed outcome.

The oldest continuous institution of the Catholic Church in the Holy Land, the Franciscan Custody, inspired by St. Francis - who famously sought to promote peace and reconciliation, in the Middle East and elsewhere, even in the midst of bitter conflicts of the thirteenth century - is at present participating in wide-ranging planning by the Catholic Church for a strong programme of education in human rights, with reference to the specific role of the United Nations, in its school systems in the Holy Land. This will be done in belief that ,to promote genuine peace, such programmes should be instituted in all school systems, public and private, where they do not now exist. Let all school systems include a profound review of inherited trends and texts in those systems, where they do not promote human rights as the controlling value.

This planning, willed by the higher authorities in the Church is not unconnected with the solemn commitment that the Holy See, the Catholic Church, have made to defending and promoting human rights, specifically the right of freedom of religion and conscience, in the Holy Land. This undertaking is expressed in the celebrated Art. 1 of the "Fundamental Agreement between the Holy See and the State of Israel" (1993). It strikingly anchors all bilateral relations in the Universal Declaration of Human Rights and the instruments of its application. In thus bringing these international instruments to the fore, this Agreement is made to serve the cause of human rights throughout the Holy Land, and to be a beacon of light to the entire region.

The initiative of the Human Rights Commission, which has been suggested in this STATEMENT, could powerfully affirm and complement all those other initiatives - whether on the plane of international treaty relations, or in the area of education, schooling and social communications - which seek to bring out, to sustain and to enhance the indispensable human rights dimension of the peace process.

The other name of peace is human rights. It is this noble purpose of the UN Human Rights Commission that this STATEMENT supports, and to which it has sought to contribute.