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Monday, May 14, 2012
Text: EU statement avoids explicit mention of Palestinian violence from West Bank

[Dr. Aaron Lerner - IMRA:

While the EU goes into detail criticizing "settlers", the wording of the
statement avoids any explicit mention of Palestinian violence emanating from
the West Bank.

"The EU is appalled by recurring rocket attacks from Gaza and condemns in
the strongest terms violence deliberately targeting civilians. The EU
reiterates its call on all partners in the region for the effective
prevention of arms smuggling into Gaza."]

COUNCIL OF THE EUROPEAN UNION
Council conclusions on the Middle East Peace Process
3166th FOREIGN AFFAIRS Council meeting
Brussels, 14 May 2012
http://www.consilium.europa.eu//uedocs/cms_data/docs/pressdata/EN/foraff/130195.pdf

The Council adopted the following conclusions:

1. "The EU reaffirms its commitment to a two-state solution and its
conviction that the ongoing changes across the Arab world make the need for
progress on the Middle East peace process all the more urgent. Heeding the
aspirations of the people in the region, including those of Palestinians for
statehood and those of Israelis for security is a crucial element for
lasting peace, stability and prosperity in the region.

2. Ending the conflict is a fundamental interest of the EU as well as
of the parties themselves and the wider region, and it can be achieved
through a comprehensive peace agreement, based on the relevant UN Security
Council Resolutions, the Madrid principles including land for peace, the
Roadmap, the agreements previously reached by the parties and the Arab Peace
Initiative. The EU recalls the applicability of international humanitarian
law in the occupied Palestinian territory, including the applicability of
the fourth Geneva Convention relative to the protection of civilians.

3. The EU welcomes the exchange of letters between the parties
initiated on 17 April, following the Quartet efforts facilitated by King
Abdullah of Jordan and Foreign Minister Judeh and encourages the parties to
continue on this path. The EU welcomes Prime Minister Netanyahu's statement
that the new Israeli government will try to advance the peace process. It
stands ready to support the resumption of substantive negotiations between
Israel and the Palestinians with a view to achieving a two-state solution.
The EU strongly urges both sides to build on the current contacts, including
the Joint Statement of 12 May, to resume direct negotiations on the basis of
the Quartet statement of 23 September 2011. The EU fully supports the
Quartet statement of 11 April and calls on the parties to pursue actions
conducive to an environment of confidence necessary to ensure meaningful
negotiations, to refrain from actions that undermine the credibility of the
process and to prevent incitement.

4. The EU and its Member States reiterate their fundamental commitment
to the security of Israel, including with regard to vital threats in the
region. The EU is appalled by recurring rocket attacks from Gaza and
condemns in the strongest terms violence deliberately targeting civilians.
The EU reiterates its call on all partners in the region for the effective
prevention of arms smuggling into Gaza.

5. The viability of a two-state-solution must be maintained. The EU
expresses deep concern about developments on the ground which threaten to
make a two-state solution impossible:

- the marked acceleration of settlement construction following the end of
the 2010 moratorium, the recent decision of the government of Israel
regarding the status of some settlements outposts as well as the proposal to
relocate settlers from Migron within the occupied Palestinian territory,
while all outposts erected since March 2001 should be dismantled, according
to the Roadmap.

- in East-Jerusalem the ongoing evictions and house demolitions, changes
to the residency status of Palestinians, the expansion of Givat Hamatos and
Har Homa, and the prevention of peaceful Palestinian cultural, economic,
social or political activities.

- the worsening living conditions of the Palestinian population in Area C
and serious limitations for the PA to promote the economic development of
Palestinian communities in Area C, as well as plans of forced transfer of
the Bedouin communities, in particular from the wider E1 area.

- the risk of jeopardising the major achievements of the Palestinian
Authority in state- building if the current financial difficulties are not
addressed by a common effort of the PA, Israel and donors.

6. Concerning these developments, the EU reiterates its positions and
determination to contribute to maintaining the viability of the
two-state-solution in accordance with international law and its positions,
including the conclusions of the EU Foreign Affairs Council in December
2009, December 2010 and May 2011:

- Settlements remain illegal under international law, irrespective of
recent decisions by the government of Israel. The EU reiterates that it will
not recognise any changes to the pre-1967 borders including with regard to
Jerusalem, other than those agreed by the parties. The EU and its Member
States reaffirm their commitment to fully and effectively implement existing
EU legislation and the bilateral arrangements applicable to settlement
products. The Council underlines the importance of the work being carried
out together with the Commission in this regard.

- The EU reiterates that a way must be found through negotiations to
resolve the status of Jerusalem as the future capital of two states. Until
then, the EU calls for an equitable provision of resources and investment to
the city’s population. The EU calls for the reopening of Palestinian
institutions in Jerusalem in accordance with the Roadmap.

- Social and economic developments in Area C are of critical importance
for the viability of a future Palestinian state, as Area C is its main land
reserve. The EU calls upon Israel to meet its obligations regarding the
living conditions of the Palestinian population in Area C, including by
accelerated approval of Palestinian master plans, halting forced transfer of
population and demolition of Palestinian housing and infrastructure,
simplifying administrative procedures to obtain building permits, ensuring
access to water and addressing humanitarian needs. The EU calls upon Israel
to work together with the PA to allow more access and control of the PA over
Area C. The EU will continue to provide financial assistance for Palestinian
development in Area C and expects such investment to be protected for future
use. The EU will engage with the Government of Israel to work out improved
mechanisms for the implementation of the donor funded projects for the
benefit of the Palestinian population in Area C.

- The EU is the largest donor to the Palestinian Authority. It notes that
the majority of the Palestinian Authority’s budget is met by its own customs
and tax revenues and therefore it urges for swift implementation of
improvements, currently discussed between the parties, to the mechanism by
which these are collected and transferred, which should be transparent and
predictable. The European Union underlines that these transfers by Israel
are an obligation under the Paris Protocol. The EU calls on the PA to
continue pursuing reforms. The EU calls on other donors, especially donors
in the region, to increase their financial support to the Palestinian
Authority.

7. The EU expresses deep concern regarding settler extremism and
incitement by settlers in the West Bank. The EU condemns continuous settler
violence and deliberate provocations against Palestinian civilians. It calls
on the government of Israel to bring the perpetrators to justice and to
comply with its obligations under international law.

8. The EU remains committed to the Palestinian state building process,
including through CSDP missions and within the Quartet, aiming at a
Palestinian state based on the rule of law and respect of human rights. The
EU is concerned about recent reports of arrests of journalists and
underlines the importance of freedom of expression, including via
traditional and new media. In this regard, it welcomes President Abbas'
instructions to lift the ban on several websites, as indicated in the
official Palestinian communiqué.

Recalling the Palestinian institutions' responsibility under the Roadmap to
end incitement, the EU expresses concern for recent incidents of incitement
in Palestinian media and elsewhere.

9. The European Union has consistently called for intra-Palestinian
reconciliation behind President Mahmoud Abbas, in line with the principles
set out in his speech of 4 May 2011, as an important element for the unity
of a future Palestinian state and for reaching a two-state solution. In this
regard, it recalls its Council Conclusion in May 2011. The EU looks forward
to the holding of elections as an important contribution to Palestinian
state-building.

10. Fully recognising Israel's legitimate security needs, the EU
continues to call for the immediate, sustained and unconditional opening of
crossings for the flow of humanitarian aid, commercial goods and persons to
and from the Gaza Strip, the situation of which is unsustainable as long as
it remains politically separated from the West Bank. Despite limited
progress, the EU urges the government of Israel to take further meaningful
and far-reaching steps allowing for the reconstruction and economic recovery
of the Gaza Strip, including by allowing trade with the West Bank and
Israel."

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