The Comission for Presidency, Citien Rights, Participation and Safety and Prevention approved a Draft Resolution in defence of the Palestinian people's international humanitarian and human rights.
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Draft Resolution in defence of the Palestinian people's international humanitarian and human rights
1. TO THE COMMISSION FOR PRESIDENCY, CITIZEN RIGHTS, PARTICIPATION AND SAFETY AND
PREVENTION
11 APR. 2017
Gerardo Pisarello Prados, as Councillor for the municipal party group, Barcelona en Comú, hereby
declares in its name and on its behalf:
A Draft Resolution in defence of the Palestinian people's international humanitarian and human
rights.
In 2017 it will be 50 years since Israel occupied Palestinian territory. Israel has disregarded UN
Security Council Resolution 242 demanding an end to the occupation and failed to comply with its
legal obligations and responsibilities deriving from the Fourth Geneva Convention on the protection
of civilians in war time, as well as those deriving from other treaties in the context of customary
international law such as the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights. On various occasions the UN, the
European Union and the International Court of Justice have all declared the construction of
settlements and the wall in territories occupied by Israel and the blockade imposed on Gaza as
breaching International Human Rights Law.
Barcelona City Council has a long history of commitment to the universality of human rights as the
basis for guaranteeing people’s dignity, as unfaltering principles in the push for international
relations promoting global justice. When Barcelona was twinned with Gaza and Tel Aviv in 1998, it
was precisely under the conviction that cities must be deeply involved in promoting a just and
enduring peace based on international law. However, since then, the violation of the rights of the
Palestinian people has only worsened. Because of this, in 2008 the Municipal Council of
International Cooperation (made up of council representatives and city entities) issued a
communication calling for the “immediate end to the illegal blockade of the Gaza Strip and
compliance with international law”. Nine years on the blockade is still in place.
At an international level, in the last few years there have been numerous declarations by
international institutions criticising the violation of human rights by the Israeli government and
backing the rights of the Palestinian population: UN Security Council resolution 2334 of 23 December
2016 once again reiterated that the construction of settlements on occupied land goes against
international law and urges states and institutions to make the distinction between Israeli territory
and territories occupied by Israel since 1967; in 2014 the European Union approved new directives
which included a call to label all products coming from occupied Palestinian territories. Similarly,
governments such as the British, Italian and Spanish have all issued statements warning of the ‘risks’
of trading with Israeli colonies in occupied territories, while in 2004 the International Court of
Justice ruled that the right to self-determination of the Palestinian people is universally recognised
and that the right to self-rule and the return of refugees are inherent for the Palestinian population,
the exercise of these rights being an indispensable condition for enduring peace and justice.
Amnesty International and Human Rights Watch have repeatedly denounced human rights violations
against Palestinians, committed in the context of Israeli military operations, the control and
confinement of the population, the construction of illegal settlements in the West Bank (including
eastern Jerusalem) and the illegal blockade of the Gaza Strip. They have also called for a stop to
any trade which might affect occupied Palestinian territories. The UN Special Rapporteur on the
situation of human rights in the Palestinian territories has called for measures to put pressure on
companies violating the business obligation of respecting international human rights law in the
operations in occupied Palestine (including eastern Jerusalem).
2. At the same time, according to a report by the UN in 2012, the situation in the Gaza Strip has
deteriorated to the point where it could become uninhabitable in the coming years. Finally, in
2014 the Spanish Parliament voted in favour of recognising an independent Palestine with 319
votes in favour out of 322.
The repeated warnings from the international community have gone unheeded by the state of
Israel, which has done nothing but intensify the construction of settlements in Palestinian
territory. In recent months the colonies have grown more intensely, the creation of a new colony
has been announced for the first time in twenty years and a new ‘Regularisation Law’ has been
approved, legalising the expropriation of private Palestinian lands. The EU has strongly
condemned the move.
Because of all the above, and under Article 6(G)(6) of the City Council's Framework Regulations
and the agreement adopted by the Board of Spokespersons at its Meeting of 29 September 2015,
on the criteria for interpreting the City Council's Framework Regulations, with regard to the
structure of the agenda for the Municipal Council's plenary and commission meetings and the
nature and scope of the various initiative tools in adopting agreements, promoted, controlled and
actioned by the city government, the following is formulated:
PROPOSAL WITH INSTITUTIONAL-DECLARATION CONTENT
The Commission for Presidency, Citizen Rights, Participation and Safety and Prevention agrees to:
1. Reaffirm its defence of human rights and international law as guiding principles for a model of
international relations based on the dignity of people and
fostering global justice.
2. Condemn Israel's occupation of and colonisation policies for the Palestinian territories and the
plundering, exploitation, destruction and depletion of natural wealth and resources in
Palestine, including land and water, and undertake to avoid Barcelona City Council's having any
complicity in this occupation, violation of human rights and plundering of resources.
3. Explore ways of applying the principal of extraterritoriality through procurement processes
which include criteria for international responsibility and respect for human rights.
4. Call on the Government of Catalonia to work with local authorities and municipal federations in
Catalonia to set up an intergovernmental work group for looking at measures - such as criteria
for public procurement and specific clauses in procurement documents - to ensure companies
respect human rights.
5. Adhere to Resolution 359/XI on a legal framework for Catalan companies operating abroad to
respect human rights , as approved by the Parliament of Catalonia on 3 November last year via
the Commission on Foreign Affairs and Cooperation, in the same terms it was approved. And
thereby urge the Government of Catalonia to start work,
before 3 July, on setting up a study and evaluation centre, on the effects of Catalan companies with
overseas investments, that has the tools to ensure companies abide by current human rights
legislation, with participation from civil society, the government and the parliament itself.
3. 6. Work with institutions with the relevant powers, civil society's organisations and independent
Observatories on the protection and defence of human rights, to study, guarantee, evaluate
and certify the implementation of agreements 2,3 4 and 5.
7. Call on the Spanish government, the Government of Catalonia and the High Representative of
the Union for Foreign Affairs and Security Policy, Federica Mogherini, for measures to avoid
complicity with the occupation and ensure international human rights and international
humanitarian rights.
8. Recognise the legitimacy of non-violent initiatives and campaigns promoted by the Palestinian
and international civil society to stand up for human rights and international human rights law
in Palestine. Maintain, to this end and as affirmed by the High Representative of the Union for
Foreign Affairs and Security Policy, the conviction and commitment to upholding freedom of
expression and freedom of association in accordance with the Charter of Fundamental Rights of
the European Union, and inclusively so when it comes to: solidarity initiatives carried out in the
territory, particularly by those working to end the occupation and colonisation of all Arab lands
captured in June 1967 and destroy the wall; to recognise the basic rights of Israel’s Palestinian
Arab population to achieve complete equality; and to respect, protect and promote the rights
of Palestinian refugees to return to their homes and properties, as set out in UN resolution 194.
9. Convey these agreements to the High Representative of the Union for Foreign Affairs and
Security Policy, to the Government of Catalonia, the Spanish government, the Israeli embassy
and the Palestinian embassy.