Demonizing Durban
[Prefatory Note: The post below describes the campaign carried on over the last 20 years by pro-Israeli propaganda, both government and NGO, to defame the UN dedicated anti-racist efforts as a new species of antisemitism. It is a perverse effort that shields Israel’s racist policies and practices toward the Palestinian people behind a perverse contention that criticism of these policies should be viewed as antisemitism. The piece was originally published in Transcend Media Service, and appears here in its original form. For the link to the original <https://transcend.org/tms/2021/08/demonizing-durban/> ]
EDITORIAL, 16 Aug 2021
#706 | Richard Falk – TRANSCEND Media Service
Context
16 Aug 2021 – An insidious campaign has been underway to demonize the UN sponsorship of an anti-racist initiative to hold a one-day conference at the UN on September 22, 2021 that is a continuation of what has come to be known as the ‘Durban Process.’ This identifies the ongoing effort over the last twenty years to implement the Durban Declaration and the accompanying Program of Action that was adopted at the “World Conference Racism, Racial Discrimination, Xenophobia and Related Intolerance DURBAN” held in Durban, South Africa 20 years ago.
The Durban Conference was controversial even before the delegates convened, anticipated as a forum at which Israel, colonialism, the legacy of slavery, and victimization of vulnerable ethnicities would be depicted and condemned. It was formally under the auspices of the UN Human Rights Council, whose High Commissioner, Mary Robinson was put under pressure from the West to cancel the event. She refused, and instead of being praised for her independence, this highly principled former President of Ireland was denied support by Washington for reappointment to a second term as High Commissioner. Israel and the United States withdrew from the conference and boycotted smaller follow up events in 2009 and 2011, which explains why the forthcoming gathering is identified as Durban IV.
At the 2001 conference, which was overshadowed by the 9/11 attacks on the United States, which occurred just days after the close of Durban, there were many speeches delivered by representatives of various governments, including several that criticized Israel for racist policies and practices perpetrated against the Palestinian peoples, including the allegation that Zionism was a form of racism, which had previously been asserted in GA Resolution (see GA Res. 3379 passed by a vote of 72-35 with 32 abstentions, A/RES/3379, 10 Nov 1975; revoked in 1991 without explanation in GA Res. 46/96)). In addition to the inter-governmental Durban Conference there was a parallel NGO Forum devoted to the same agenda in which inflammatory speeches and declarations were made. Yet the overriding inspirational theme was provided by the successful struggle against apartheid in South Africa as both legitimating the event and the current need to address the long unfinished anti-racist agenda.
The Outcome at Durban
The main formal outcomes of the Durban Conference were two significant, comprehensive texts known as the Durban Declaration and the Durban Program of Action. The Durban Process subsequent to 2001 has been more or less exclusively concerned with the implementation of these two formal UN documents, which are wide spectrum depictions of a whole range of grievances arising from the mistreatment of various categories of vulnerable people by war of the enforcement of human rights law and through a variety of means including through education and the activism of civil society, NGOs, and even the private sector. There exists absolutely no basis for complaining that Israel has been singled out for criticism or that provisions of the conference documents can be fairly read as antisemitic or even anti-Israeli, yet as will be shown below, such a campaign has been relentlessly waged to discredit all that Durban stands almost exclusively because of its supposed extreme bias against Israel.
A fair reading of both documents would conclude that Israel actually been spared justifiable criticism, most probably as a result of pressures brought to bear on both the UN and media before and during the conference. If we look at the texts we come away with an impression that Israeli sensitivities were understood and respected. Apartheid and genocide were condemned in general terms, but without any negative reference to Israel, and in fact an inclusion that did single out Israel in a manner that it should have welcomed. In para. 58 of the Declaration we find the following assertion: “..we recall that the Holocaust must never be forgotten.” And para. 61 takes note with “deep concern the increase in anti-Semitism and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas against Jewish, Muslim and Arab communities.” It seems outright perverse to discredit the Durban Declaration as a screed against Jews.
In the course of the Declaration’s 122 paragraphs the Israel/Palestine situation is only mentioned in Para. 63, and then in a neutral manner that seems to overlook the deliberate victimization of the Palestinian people. It reads as follows: “We are concerned about the plight of the Palestinian people under foreign occupation. We recognize the inalienable right of the Palestinian people to self-determination and to the establishment of an independent State and we recognize the right to security for all States in the region, including Israel, and call upon all States to support the peace process and bring it to an early conclusion.” What can possibly be offensive to even the most ardent Israeli supporter about such a provision, which is buried deep in a 30 page declaration in language that points no accusing fingers at Israel.
Israel’s Anti-Durban Campaign
And yet the reality of Durban, the violence of the language used to denounce these documents and the Durban Process seems extreme, and to emanate from sources known to follow closely the official line disseminated by Tel Aviv. British Colonel Richard Kemp writing on the notoriously right-wing website of the Gladstone Institute is rarely outdone in his backing of Israel’s use of force against defenseless Gaza. Kemp brands the Durban Process “as the UN’s infamous 20-year old showpiece vendetta against Israel” and pronounces his judgement that “Durban IV will re-energize this shameful process.” [“Fighting the Blight of Durban,” July 29, 2021] Kemp is comfortable invoking the hyperbolic language of UN Watch that absurdly labels Durban as “..the worst international manifestation of antisemitism in the post-war period.”
UN Watch separately expressed its venomous view of the Durban Process a month earlier in a news release under the grossly misleading headline, “Durban IV: Key Facts,” May 24, 2021, summarized by the phrase a “perversion of principles of anti-racism.” This characterization of Durban is made more concrete by asserting that it makes “…baseless claims against the Jewish people,” is used “to promote racism, intolerance, antisemitism and Holocaust denial…and to erode Israel’s right to exist.” This libelously false language of UN Watch should be compared with the texts of the Durban Declaration and Program of Action, the implementation of which is the overriding goal of the Durban Process, to gain some insight into the dark motivations of these Israeli oriented critics.
2021- Israel and Apartheid
True enough as of 2021 there would be no way to avoid supposing that ‘the plight of the Palestinian people’ was a direct result of Israeli apartheid, which is not only condemned by the Durban process, but is firmly established as a crime against humanity in both the 1974 International Convention on the Suppression and Punishment of the Crime of Apartheid and Article 7 of the Rome Statute governing the operations of the International Criminal Court. It is no longer reasonable to dismiss allegations of Israeli apartheid as extremist, much less as manifestations of antisemitism. Yet because Israel, with U.S. support, still controls the mainstream discourse in the West, the media stares at such stark findings in stony silence despite the prolonged suffering of the Palestinian people—a convincing reminder that where geopolitics and morality/legality clash, geopolitics prevails.
Redeeming the Durban Process
There are two sets of observations that make these attacks on a laudable UN effort by way of Durban to highlight the many facets of racism and racial discrimination shameful and shameless. The Durban Process has become the core of a worldwide human rights campaign to increase public awareness and raise concerns within the UN as to the many varieties of racist criminality, as well as to underscore the responsibility of governments and the potential contributions of civil society activism.
It is notable that Israel and its behavior are not given nearly the attention in the Durban Declaration and Program of Action that such other issues as the abuse of indigenous peoples, Roma, migrants, and refugees. Indeed, in light of more recent developments that confirmed earlier concerns about Palestinian victimization the Durban Process, if anything, can be faulted for backgrounding Israel’s racism and falling into to the hasbara trap of imposing symmetrical responsibility on the oppressor and the victim, blaming both sides, precisely to foil the growing tendency of Israel’s organized support to play the antisemitic card as a growing tactic to deflect public attention away from a growing consensus that Israel operates as an apartheid state.
Perhaps, in the atmosphere of 2001 it was politically provocative to accuse Israel of racism and apartheid, although as I have tried to show, these allegations directed at Israel in the open debate at Durban were never followed up in the formal outcome of the Durban Conference. And as has made clear by its proponents, the Durban Process is primarily concerned with implementing the Durban Declaration and Program of Action. By 2021, what was provocative twenty years ago has become multiply confirmed by trustworthy and reliable detailed assessments, and indirectly endorsed by the Israeli Basic Law enacted by the Knesset in 2018. The highlights of this dynamic have taken place over the course of the last five years: –the release in March 2017 of an independent academic study sponsored by UN Economic and Social Commission for West Asia(ESCWA) that concluded that Israel’s policies and practices constituted overwhelming confirmation of allegations of apartheid [“The Practices of Israel toward the Palestinian People and the Question of Apartheid”;—the report of the Israeli human rights NGO, B’Tselem, “A regime of Jewish Supremacy from The Jordan River to the Mediterranean Sea: This is Apartheid,” 12 Jan 2021—the Human Rights Report, “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution, 27 April 2021.
It is no longer plausible to contend that associating Israeli treatment of the Palestinian people as antisemitic. As a Jew myself, I regard Israeli justifications for its behavior toward Palestine as the embodiment of antisemitic behavior, bringing discredit to the Jewish people.
__________________________________________
Richard Falk is a member of the TRANSCEND Network, an international relations scholar, professor emeritus of international law at Princeton University, Distinguished Research Fellow, Orfalea Center of Global Studies, UCSB, author, co-author or editor of 60 books, and a speaker and activist on world affairs. In 2008, the United Nations Human Rights Council (UNHRC) appointed Falk to two three-year terms as a United Nations Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967.” Since 2002 he has lived in Santa Barbara, California, and associated with the local campus of the University of California, and for several years chaired the Board of the Nuclear Age Peace Foundation. His most recent book is On Nuclear Weapons, Denuclearization, Demilitarization, and Disarmament (2019).
Is Israel an Apartheid State?
26 Mar[Prefatory Note: This post was originally published on March 22, 2017 by The Nation under the title “The Inside Story of Our UN Report Calling Israel an Apartheid State,” the text of which can be found at this link: https://www.thenation.com/article/the-inside-story-on-our-un-report-calling-israel-an-apartheid-state/ What is below is somewhat modified.]
Is Israel an Apartheid State?
Six months ago, the UN’s Economic and Social Commission for West Asia (ESCWA) asked Virginia Tilley and me to write a study examining the applicability of the international criminal law concept of apartheid to Israel’s policies and practices toward the Palestinian people. We were glad to accept the assignment, and conceived of our role as engaging in an academic undertaking. ESCWA, one of several UN regional commissions, requested the study as a result of an uncontested motion adopted by its 18 Arab member governments.
Almost within hours of its release on March 15, our report [bearing the title “Israel’s Practices Toward the Palestinian People and the Question of Apartheid”] was greeted by what can only be described as hysteria and derision. The newly appointed US ambassador to the UN, Nikki Haley, denounced the report and demanded that the UN repudiate it. The newly elected Secretary General, Antonió Guterres, quickly and publicly called for ESCWA to withdraw the report from its website, and when Rima Khalaf, the head of the commission, resisted, Guterres insisted. Rather than comply, Khalaf resigned, explaining her reasons in a gracious, principled letter to the Secretary General, an eloquent expression of public conscience that is itself extremely rare in UN experience and worthy of the most favorable notice and commentary. [for text of letter see Soon thereafter, the report was withdrawn from the commission’s website, despite containing a very clear disclaimer at its outset noting that the report represents the views of its authors and not necessarily that of ESCWA or the UN.
What is striking about this pattern of action and reaction, which resembles in many respects the US government response to the Goldstone Report (the UN Fact-Finding Mission on the Gaza Conflict of 2008-9), is the degree to which Israel’s officials and supporters, in response to criticism, have sought to discredit and wound the messenger rather than address the message by offering a detailed substantive explanation and defense. Each time such a technique succeeds in this mission of discrediting, wounding, and diverting attention the role of the UN as a promoter of the public good is weakened, and the Organization becomes rather an instrument by which dominant geopolitical forces assert their will at the expense of truth, reason, and human wellbeing.
Virginia Tilley, a professor of political science at Southern Illinois University Carbondale and a leading world expert on apartheid, and I, as well as ESCWA, would welcome substantive discussion and critical feedback, and we had hoped that our analysis and conclusions would provide the basis for debate, dialogue, and further consideration of the recommendations appended at the end. ESCWA, for its part, took steps to ensure that the report lived up to scholarly standards, submitting the draft text to three prominent international jurists, who had been anonymously solicited to offer objective vetting. Each submitted a strong positive appraisal along with suggestions for revision, which we gratefully incorporated before the final text was released. Against this background, it is irresponsible for government officials and others to dismiss our report as a biased polemic, and to do so damages the authority of the UN and respect for international law.
It is also misleading to do what the American and Israeli diplomats did, as well as the media– treating this study as if a report officially endorsed by the UN. Such treatment overlooks the disclaimer on the opening page of the report, which clearly states that the analysis and interpretations presented are those of the authors alone, and are not to be attributed to the UN. In effect, it is a document initiated by a UN agency, appraised for quality by reference to scholarly standards, but not adopted nor even endorsed at this point, although this might happen in the future, a step we as authors would welcome.
During my tenure as the UN’s Special Rapporteur on human rights in the occupied Palestinian territories (2008-14), I witnessed how defenders of Israel attempted to discredit critics. My reports in that post often included sharp criticisms of Israel and other actors, ranging across various topics including defiance of international law, unlawful expansion of settlements, excessive use of force, and complicity of international corporations and banks that do business for profit with the settlements, and others. To my surprise, I never received substantive pushback regarding these specific allegations, but I did have the unpleasant experience of having my words on completely unrelated issues torn out of context, and brought to the attention of UN high officials and important diplomats representing member states. Among my harshest critics were not only the usual ultra-Zionist NGOs, but also Barack Obama’s diplomats at the UN, including Susan Rice and Samantha Power, as well as then-Secretary General Ban Ki-moon. I mention this personal experience only to note that it falls into a longstanding pattern of diversionary rebuttal that prefers to smear rather than engage in reasoned debate about the important issues of law and justice at stake.
The international crime of apartheid was authoritatively specified in the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid. The main elements of the crime consist of deliberate and systematic acts of racial discrimination with the purpose of maintaining unlawful structures of racial domination, that is, a dominant race subjugating another race. Our report also considered whether, in the context of inquiring into the presence of apartheid, it was appropriate to consider Jews and Palestinians as distinct races; we found that there were abundant grounds for doing so. As our report shows, “race” in this legal context is treated as a socially and politically constructed category developed to identify a distinct people. It has no necessary correlation with biogenetic realities, which in this case actually shows an overlap between Jews and Palestinians.
Even Palestinian citizens of Israel, who can vote and form political parties, are subject to many discriminatory laws that impair security and the quality of life. The report also proceeds from the proposition that whether apartheid exists or not depends on the overall treatment of the Palestinian people as a whole, and not by accepting the fragmentation that has been imposed by Israel. Adopting what we believe to be an innovative methodology, we approached this challenge by dividing the Palestinians into four domains that correspond to the manner in which Israel has exercises its authority over the course of many decades, although the specific tactics of control vary through time. In the past, a thorough study by international law scholars found that Israel’s practices in the occupied Palestinian territories are consistent with apartheid [See Virginia Tilley, ed., Beyond Occupation: apartheid, colonialism and international law in the occupied Palestinian territories [Pluto: London, 2012]. It called attention to the discriminatory treatment of Palestinians, who are subject to military administration as compared to the Jewish settler population, which enjoys the full benefit of the rule of law as it is observed in Israel in relation to Jewish nationals. That study found that “settler-only roads,” dual legal systems, and the draconian separation of the two populations into regions on the basis of race hallmarks of apartheid. Repressive practices that have made the lives of ordinary Palestinians a daily ordeal are a core dimension of this racially organized system of control. It should be also noted that according to preferred readings of international law, penalizing and criminalizing nonviolent forms of resistance to apartheid itself constitutes the crime of apartheid.
A second domain investigated in the report involves Palestinians who are residents of Jerusalem. Here the apartheid character of Israeli rule is exhibited in the way the government of Israel severely undermines the human security of Palestinians living in Jerusalem, manipulating their rights of residence as well as imposing a variety of discriminatory practices, ranging from fiscal measures, demolitions, to the arbitrary withholding of building permits.
The third domain deals with the Palestinian minority living in Israel, perhaps the most problematic component in terms of establishing a definition of apartheid that encompasses the entire Palestinian population. In this category are some 1.7 million citizens of Israel, who are allowed to form political parties and vote in elections. But this minority, which makes up about 20 percent of the overall Israeli population, is prohibited by law from challenging the proclaimed Jewish character of the state and is subject to a wide range of discriminatory nationality laws as well as administrative practices that severely restrict their rights, with effects on land acquisition, property, immigration, family reunification, and marital freedom.
International law has detached apartheid from its South African origins; it’s now a stand-alone crime against humanity that does not stand or fall by whether it contains similar features to those that constituted the apartheid regime in South Africa.
A fourth domain, and the one affecting the largest demographic segment, is made up of Palestinians registered as refugees by UN procedures or living under conditions of involuntary exile. In the background is Israel’s rejection of UN General Assembly Resolution 194 (1948), which confirms that Palestinians dispossessed or displaced by Israel in 1948 enjoy a right of return. General Assembly Resolution 3236 declares this right of return or repatriation to be an “inalienable right,” which thus presumably incorporates those additional several hundred thousand Palestinians later displaced by the 1967 war. As far as is known, no Palestinian displaced since the establishment of Israel in 1948 has been granted a right of return to resume residence.
The report argues that the crime of apartheid has been detached from its historical origins in South Africa. Neither the 1973 Convention nor the 1998 Rome Statute underlying the International Criminal Court ties apartheid to South Africa, but rather treats its practice as a stand-alone crime against humanity. Thus, there are important differences between the way apartheid operated in South Africa and the way it is currently being imposed on the Palestinians, but these differences are not relevant to the question of whether it fairly and accurately applies to Israel. One notable difference is that in South Africa the Afrikaner leadership forthrightly proclaimed apartheid as a reflection of its ideological belief in the separation of races, whereas for Israel such a structure of separation on the basis of race is denied and repudiated, and its attribution is treated as an inflammatory insult. There are other differences as well, relating to degrees of labor dependence and the demographic ratio between Jews and Palestinians.
This quasi-permanent structure of domination cannot be justified or explained by reference to Israel’s legitimate security needs.
Our report concludes that Israel has deliberately fragmented the Palestinian people in relation to these four demographic domains, relying on systematic discrimination, including “inhuman acts,” primarily to maintain its control and render resistance more difficult, while continuing to expand territorially at the expense of prospects for Palestinian self-determination. On the basis of these findings—backed up by detailed presentations of empirical data, including reliance on Israeli official sources—we conclude that the allegation of apartheid as applied to the Palestinian people is well founded and descriptive of the present situation, more so than the terminology of occupation.
As earlier suggested, we are keenly aware that our report is the work of academic investigators and does not represent an authoritative finding of apartheid by a formal judicial or governmental institution. As mentioned—contrary to media coverage and diplomatic denunciations—the report has never been endorsed or accepted by the UN, or even ESCWA. We do recommend such an endorsement, and we urge the UN, national governments, and civil society to take measures designed to encourage Israel to dismantle its apartheid regime and treat the Palestinian people in accord with the dictates of international law and human rights, as well as elementary morality.
The broader setting associated with our contention that Israel has become an apartheid state draws on the reality that there is no peaceful resolution to the conflict on the diplomatic horizon, and thus no foreseeable prospect for ending the discriminatory regime and the attendant suffering of the Palestinian people. This quasi-permanent structure of domination cannot be justified indefinitely by invoking Israeli security needs, which are themselves partly created by the unwillingness of Israel to respect Palestinian rights under international law. A people cannot be permanently repressed in by military force and administrative coercion ways without viewing the structure that has emerged as an apartheid regime. Indeed, part of the reason for not awaiting a more formal assessment of these charges of apartheid is our sense of urgency in ending a set of arrangements that have for so long been responsible for so much suffering and denial of basic rights, above all the right of self-determination.
It remains our central hope, one shared with ESCWA, that the widespread availability of this report will lead to a clearer understanding of the Palestinian plight and encourage more effective responses by the UN, by governments, and by civil society. Beyond this, it is our continuing wish that people of good will throughout the world, especially within Israel, will work toward a political solution that will finally allow Jews and Palestinians to live together in peace, with justice.
Tags: apartheid, Apartheid Convention, ESCWA, Gutteres, international crime, Israel, Palestinian people, racism, Rima Khalaf, South Africa