RE:
Who Are The Palestinians? Part 2
※→ Coyote,
et al,
Certainly their are some great differences between the opinions; at least in this discussion group. BUT, it is a good question, because it asks us to review what a "Right" is.
"Rights" is the generalized term for an indeterminate entitlements
(not to be confused with a grant or benefit) either:
• TO perform → or → NOT to perform certain actions;
• TO be placed in → or → NOT to be placed in a certain condition or status;
• That others perform → or → NOT perform certain actions;
• That others be in → or → NOT be in certain condition or status.
"Rights dominate modern understandings of what actions are permissible and which institutions are just. Rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived. To
accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain
view of what may, must, and must not be done."
SOURCE: First published Mon Dec 19, 2005 - Standford Encyclopedia of Philosophy; substantive revision Wed Sep 9, 2015
So, what do we mean when we say:
(a) The right to self-determination without external interference;
(b) The right to national independence and sovereignty;
Within the concepts of a "right," what is:
- Being directed to perform (or not to perform)?
- What condition or state is being set (or not set)?
- Who may, must, or must not to what to who?
Why is it so hard for people to grant rights to other people? Is it personally threatening? Does granting rights of self determination, dignity and being recognized as a people mean you have less rights for you and yours? Is it a zero sum game?
(THE RUB)
Before we can discuss the 'right of self-determination," we must define what constitutes "self-determination?" dignity and being recognized as a people mean you have less rights for you and yours?
When we talk about the right of self-determination; the Covenant says that: "All peoples have the right of self-determination. → By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
[See: Article 1: International Covenant on Civil and Political Rights (CCPR) 1966 (entered into force in 1976)]
This
[and not the UN Charter Article 1(2)] that actually defines the constituent parts of "self-determination:"
- Political Status,
- Economic Development,
- Social Development,
- Cultural Development,
The CCPR even recognizes the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved "if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights."
(COMMENT)
The Palestinians consider their "rights" to be be something owed to them and paramount above all others; conveniently forgetting the clause that means if conditions are created whereby
both the Palestinian and Israeli may enjoy his civil and political rights, as well as his economic, social and cultural rights.
It is not that anyone denies rights; but that what they means and how the Palestinians attempt to apply them.
(SIDEBAR)
While there are several unenforceable resolutions that mention these rights,
A/RES/49/148 (Universal realization of the right of peoples to self-determination) and
A/RES/3236 (the Palestinian people is entitled to self-determination), what you think it says, is not necessarily what it means. Neither changes how the Covenant (International Law) treats those rights. This is really a legal argument that is subject to the 1970 Principles of International Law concerning Friendly Relations and Co-operation among States
(A/RES/25/26/25). And it is in the Principles of International Law concerning Friendly Relations and Co-operation among States that stipulates that international disputes must be resolved by peaceful means; including territorial disputes and problems concerning frontiers of States. Once the Arab Palestinians, with the support of the Arab League, threatened and then staged force to violate the existing Armistice Lines, the question ceased to be a matter of "rights" but a violation of the Rule of Law.
You may notice that neither the
Universal Declaration of Human Rights (UDHR) or the CCPR makes any mention of → self-determination, sovereignty or independence in the context as discussed; except as stipulated above.
Most Respectfully,
R