P9_TA(2023)0283 – Relations with the Palestinian Authority – European Parliament recommendation of 12 July 2023 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on relations with the Palestinian Authority (2021/2207(INI))
Date: 2023-07-12
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: EU aid, Palestine, Palestine question, UNRWA, occupied territory, peaceful co-existence, recognition of a state, rule of law, settlement of disputes, state-building








C_202404015EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4015


17.7.2024






P9_TA(2023)0283

Relations with the Palestinian Authority


European Parliament recommendation of 12 July 2023 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on relations with the Palestinian Authority (2021/2207(INI))

(C/2024/4015)



The European Parliament,







—


having regard to the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 (the Oslo Accords),










—


having regard to the Protocol on Economic Relations between the Government of the State of Israel and the Palestine Liberation Organization, representing the Palestinian people, of 29 April 1994 (the Paris Protocol), and to the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995 (Oslo II Accord),










—


having regard to the Fourth Geneva Convention,










—


having regard to the EU-Palestinian Authority (PA) action plan approved in May 2013,










—


having regard to the European joint strategy in support of Palestine 2021-2024 – Towards a democratic, accountable and sustainable Palestinian state,










—


having regard to the 1997 Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (1),










—


having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (2) (EU-Israel Association Agreement),










—


having regard to the European Council conclusions of 14 May 2012, 12 May 2014, 22 July 2014, 20 July 2015 and 20 June 2016,










—


having regard to the statement of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 22 August 2022 on the Israeli raids on six Palestinian civil society organisations,










—


having regard to special report No 14/2013 of the European Court of Auditors entitled ‘European Union direct financial support to the Palestinian Authority’,










—


having regard to the joint declaration between the EU and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) of 17 November 2021 on EU support to UNRWA (2021-2024),










—


having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 February 2021 entitled ‘Renewed partnership with the Southern Neighbourhood – A new Agenda for the Mediterranean’ (JOIN(2021)0002),










—


having regard to the Commission’s Interpretative Notice of 12 November 2015 on indication of origin of goods from the territories occupied by Israel since June 1967 (3),










—


having regard to the judgment of the Court of Justice of the European Union of 12 November 2019
                   (4) on products produced by Israeli settlements in the occupied Palestinian territory (oPt),










—


having regard to the European External Action Service report of 15 May 2023 entitled ‘2022 Report on Israeli settlements in the occupied West Bank, including East Jerusalem’,










—


having regard to the European External Action Service report of 28 March 2023 entitled ‘One Year Report on Demolitions and Seizures in the West Bank, including East Jerusalem’,










—


having regard to the Updated European Union Guidelines on promoting compliance with international humanitarian law (5) and the EU Guidelines on Human Rights Defenders,










—


having regard to the new Israeli Government’s Coalition Framework Agreement and Government Guidelines,










—


having regard to the statement of the High Representative of the Union for Foreign Affairs and Security Policy of 30 April 2021 on the postponement of the elections in Palestine,










—


having regard to the Arab Peace Initiative of 2002,










—


having regard to the 2017-2022 national health strategy of the State of Palestine of October 2016,










—


having regard to the relevant resolutions of the UN Security Council and General Assembly,










—


having regard to the report of the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 of 21 September 2022,










—


having regard to the UN Women report of 2022 entitled ‘Women’s Role in Local Peacebuilding – Recommendations to better support the work of Palestinian women-led grassroots organizations’,










—


having regard to the report of the UN Independent Task Force on Strengthening Palestinian Public Institutions of April 2004 entitled ‘Reforming the Palestinian Authority: An Update’,










—


having regard to the outcomes of the UN Ad Hoc Liaison Committee meeting of 18 September 2011,










—


having regard to the report of the Director-General of the World Health Organization of 17 May 2023 entitled ‘Health conditions in the occupied Palestinian territory, including east Jerusalem, and in the occupied Syrian Golan’,










—


having regard to the World Bank report of 22 December 2021 entitled ‘Palestinian Digital Economy Assessment’,










—


having regard to the United Nations Conference on Trade and Development (UNCTAD) reports of 22 December 2021 entitled ‘The Economic Costs of the Israeli Occupation for the Palestinian People: Arrested Development and Poverty in the West Bank’ and of 8 August 2022 entitled ‘Report on UNCTAD assistance to the Palestinian people: Developments in the Economy of the Occupied Palestinian Territory’,










—


having regard to the ongoing investigation of the International Criminal Court (ICC) into the situation in Palestine, opened on 3 March 2021,










—


having regard to the report of the Carter Center of 15 April 2022 entitled ‘
                  March 26, 2022 Municipal Elections in West Bank/Gaza’,










—


having regard to the statement of the Swedish Government of 30 October 2014 on its recognition of the State of Palestine,










—


having regard to the Declaration of Algiers, signed by 14 Palestinian factions in Algeria on 13 October 2022, which committed to organising elections by October 2023,










—


having regard to its recommendation of 14 September 2022 to the Commission and the Commission Vice-President / High Representative of the Union for Foreign Affairs and Security Policy on the renewed partnership with the Southern Neighbourhood – a new agenda for the Mediterranean (6),










—


having regard to its previous resolutions on the Middle East peace process, in particular those of 18 May 2017 on achieving the two-state solution in the Middle East (7) and of 14 December 2022 on the prospects of the two-state solution for Israel and Palestine (8),










—


having regard to its resolution of 17 December 2014 on recognition of Palestine statehood (9),










—


having regard to Rule 118 of its Rules of Procedure,










—


having regard to the report of the Committee on Foreign Affairs (A9-0226/2023),










A.


whereas the two-state solution, with the state of Israel and the state of Palestine living side by side in peace, security and mutual recognition under the 1967 borders, with Jerusalem as the capital of both states, and in full compliance with international law, is the only viable solution to the conflict, in line with the Council conclusions of July 2014;










B.


whereas the Palestinian people have the right to self-determination, as enshrined in the UN Charter and repeatedly upheld by UN bodies, including the General Assembly, the Security Council and the Commission on Human Rights / Human Rights Council;










C.


whereas the Palestinian leadership has recognised the state of Israel while calling for the establishment of a state of Palestine based on the pre-1967 borders, which has not been reciprocated by successive Israeli governments; whereas the Palestinian leadership has repeatedly called for renewed peace talks leading to a two-state solution;










D.


whereas, as a result of the occupation, the PA lacks key competences that are at the core of statehood, including border control and the ability to carry out full tax collection;










E.


whereas meaningful negotiations can only happen when both sides are on equal footing; whereas among others, a lack of political will and international recognition, coupled with decades of occupation of Palestine, are serious obstacles to fair negotiations in this case; whereas there is a continued need to invest in meaningful negotiations between Israel and the PA;










F.


whereas Arab states such as Egypt and Jordan, which have maintained diplomatic relations with Israel for years, have played a meaningful role in promoting dialogue on the Middle East peace process, including on security and stability;










G.


whereas the Israeli occupation of Palestinian territory has been ongoing for 56 years; whereas it remains the EU’s firm position that permanent occupation, settlements, demolitions and evictions are illegal under international law; whereas the number of settlers and the construction of related infrastructure in the West Bank and East Jerusalem have dramatically increased since the signing of the Oslo and Oslo II Accords and constitute a flagrant violation of international law and a major obstacle to the achievement of the two-state solution and a just, lasting and comprehensive peace; whereas this has profoundly changed the social and demographic landscape of the West Bank and led to the fragmentation of Palestinian areas;










H.


whereas the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (10), as well as various Israeli, Palestinian and international human rights organisations, have recently issued reports concluding that the Israeli Government systemically oppresses and institutionally discriminates against Palestinians in a number of areas, including law enforcement, building permits, freedom of movement and economic activity; whereas Palestinians and Israeli settlers are tried in different courts and under different laws for the same offences; whereas the separation wall constructed by Israel in the West Bank is illegal;










I.


whereas Israel does not allow PA activities in annexed East Jerusalem; whereas the PA only has a degree of control over the non-contiguous Areas A and B of the West Bank, which are surrounded by Area C, which is under full Israeli control and represents 60 % of the West Bank; whereas EU relations with the PA therefore cannot be addressed without addressing Israeli policies;










J.


whereas the new Israeli Government has announced plans to advance and develop settlements in the West Bank in its Coalition Framework Agreement and Government Guidelines; whereas the first sentence of the Coalition Framework Agreement states that ‘the Jewish people have an exclusive and inalienable right to all parts of the Land of Israel ... the Galilee, the Negev, the Golan, and Judea and Samaria’;










K.


whereas the rivalry between Palestinian political factions and the lack of a unified national vision or strategy, which is essential for a negotiated political solution, remain some of the main challenges in Palestinian politics; whereas the fractured Fatah movement, the consolidation of power in the office of the PA President, the shrinking space for Palestinian civil society and the suppression of political dissent and demonstrations in support of democratic reforms show some of the challenges that the PA needs to address; whereas the EU has designated Palestinian Hamas as a terrorist organisation;










L.


whereas, according to the United Nations Office for the Coordination of Humanitarian Affairs, 2022 was the deadliest year since 2006 for Palestinians residing in the occupied West Bank; whereas, since the beginning of 2023, the cycle of violence has intensified, which strongly affects civilians in the oPt and also in Israel and leads to growing tensions and the instrumentalisation of the conflict by extremist and terrorist groups;










M.


whereas European development partners (the EU, its Member States, Norway, Switzerland and the United Kingdom) are by far the largest donors and disburse EUR 1,2 billion annually in official development assistance to the Palestinian people; whereas international assistance is key to the stability of the West Bank and Gaza and thus also benefits Israel; whereas Israel is obliged under international humanitarian law to ensure the basic needs and well-being of the civilian population under its occupation;










N.


whereas the Israeli authorities seize and/or demolish EU-funded facilities, assets and structures in Palestine; whereas in 2022, a total of 101 structures funded by the EU or EU Member States (valued at EUR 337 019) were demolished or seized; whereas the EU has repeatedly requested that Israel compensate the loss of EU taxpayers’ money;










O.


whereas EU assistance provides vital budget support to the PA through the PEGASE programme; whereas, since the beginning of the current multiannual financial framework, EU assistance to Palestine has only been provided through annual action plans; whereas the 2021-2024 joint strategy provides a basis on which multiannual action programmes can be adopted, but a multiannual prospect for concrete funding is still lacking; whereas it is necessary to continue to implement an effective allocation, review and scrutiny process for EU funds;










P.


whereas the PA and the PLO continue to provide ‘martyr payments’ to the families of Palestinians killed while engaged in violence against Israelis or killed by Israeli military actions; whereas they also continue to provide separate stipends to Palestinians in Israeli prisons, including those convicted of acts of terrorism involving Jewish targets;










Q.


whereas out of the 21 organisations listed on the EU terror list, seven are Palestinian; whereas Hamas and other EU-listed Palestinian terror organisations use hybrid terror tactics, including knife and bomb attacks against Israeli civilians, as well as the firing of rockets from Gaza at Israel, seeking to deliberately hit civilian areas;










R.


whereas UNRWA, which remains a critical lifeline for millions of Palestine refugees, continues to face serious challenges and chronic funding shortfalls that undermine its efforts to fulfil its essential mandate; whereas the European Parliament, in view of the crucial role that the agency plays in promoting stability and development in the region and keeping alive the prospects of sustainable peace, continually supports its essential humanitarian and development work and advocates for it to be continued, with a strong focus on promoting education based on peacebuilding, reconciliation, tolerance, coexistence and non-violence; whereas the UN General Assembly voted in December 2022 to extend UNRWA’s mandate until 30 June 2026; whereas the EU and its Member States are the largest donors to the agency and EU funding includes a multiannual contribution, ensuring predictable support in line with the EU-UNRWA joint declaration of 17 November 2021;










S.


whereas, in 2011, the UN Ad Hoc Liaison Committee concluded that Palestinian institutions are ready for statehood; whereas, since then, the democratic status of the PA has deteriorated owing to the external occupation and internal problems, such as a decline in the rule of law and worsening corruption; whereas, under international humanitarian law, the occupation of territory in wartime is a temporary situation and does not deprive the occupied power of its statehood or its sovereignty;










T.


whereas the PA faces a loss of legitimacy; whereas the last Palestinian parliamentary elections were held in 2006; whereas the last Palestinian presidential elections were held in 2005; whereas parliamentary and presidential elections were set to take place in May 2021, but were cancelled by President Abbas by a presidential decree; whereas, upon request from the PA, the EU requested permission from the Israeli authorities in February 2021 for an exploratory mission to observe the votes, but was not granted access;










U.


whereas the PA has adopted increasingly repressive practices, including cracking down on peaceful protests with unlawful force, targeting journalists, civil society activists, and lawyers with arbitrary arrests and torturing detainees; whereas, according to Human Rights Watch, the Palestinian authorities systematically mistreat and torture Palestinians in detention, including critics and opponents; whereas the UN Committee against Torture has called for justice and expressed regret that the Palestinian authorities have failed to ensure accountability for the killing of Palestinian activist Nizar Banat;










V.


whereas, in October 2022, President Abbas issued a decree to form the Supreme Council of Judicial Bodies and Authorities, placing all Palestinian authorities under his control and dismantling the last pillar of judicial independence in Palestine;










W.


whereas women in the Palestinian territories face discrimination and still have fewer rights than men, for instance in relation to divorce, the custody of children and inheritance; whereas, even though same-sex acts have been decriminalised in the West Bank, persons belonging to the LGBTQI+ community still face harassment and discrimination;










X.


whereas 84 % of the participants in a March 2022 poll run by the Palestinian Center for Policy and Survey Research believed that there was corruption in PA institutions;










Y.


whereas the EU Mission for the Support of Palestinian Police and Rule of Law was established in January 2006 to assist the PA in Palestinian state-building;










Z.


whereas the PA has consistently maintained security coordination with Israel, contributing to the security of both Israel and Palestine; whereas the PA stopped cooperating with Israel in a number of areas, including security, in January 2023, in response to the latest developments;










AA.


whereas socio-economic and employment conditions in Palestine have severely deteriorated with the continued conflict; whereas the Israeli occupation imposes significant restrictions on the Palestinian economy, including a lack of control over land, water, physical boundaries, revenues and mobility; whereas these restrictions hinder Palestinian trade, weaken the PA’s budget revenue and contribute to its dependence on international donors; whereas economic reforms by the Palestinian authorities are necessary, but are not in themselves enough to ensure sustainable economic growth and private sector development in the Palestinian territories; whereas this inhibits Palestinian exports to the EU under the EU-PLO Interim Association Agreement and undermines the effectiveness of EU aid;










AB.


whereas the blockade and intermittent conflict have crippled the economy in Gaza and 63 % of the area’s residents require some form of humanitarian assistance;










AC.


whereas the UN General Assembly passed a resolution in December 2022 calling on the International Court of Justice (ICJ) to issue an opinion on the legal consequences of Israel’s ongoing occupation of Palestinian territories; whereas Israel responded to the UN resolution by seizing USD 39 million of tax revenues collected on behalf of the PA; whereas more than 90 countries expressed their ‘deep concern’ about Israel’s punitive measures;










AD.


whereas Palestinians are affected by the use of Israeli spyware, including Pegasus, in the oPt, depriving them of their right to privacy, freedom of expression and an open, secure and free internet;










AE.


whereas the new Procedure for Entry and Residence of Foreigners in the Judea and Samaria Area, introduced by the Israeli Coordination of Government Activities in the Territories (COGAT), has required third-country nationals, including EU citizens, to request a permit to enter the West Bank since 20 October 2022; whereas the new COGAT rules restrict the ability of foreign spouses of Palestinians to travel to the West Bank and impose similar restrictions on volunteers, academics and business people working in the West Bank, thus undermining relations between the EU and Palestine;










AF.


Whereas Article 2 of the EU-Israel Association Agreement states that ‘relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement’;













1.


Recommends that, in implementing the EU’s relations with the PA, the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:






(a)


reiterate the EU’s unwavering support for the two-state solution, as the only viable solution to the conflict, with the state of Israel and the state of Palestine living democratically side by side in peace, complete with guaranteed security, mutual recognition under the 1967 borders, mutually agreed-upon equivalent land swaps and Jerusalem as the capital of both states, based on the parameters in the Council conclusions of July 2014; thereby support in principle a recognition of Palestinian statehood in accordance with these parameters; continue to advocate for full respect for international law; reiterate the EU’s commitment to the equal rights of all Israelis and Palestinians;










(b)


express concern about the mounting violence that has characterised the Israeli-Palestinian conflict since 2022 and the risk of this further escalating; call for an immediate end to all acts of violence between Israelis and Palestinians in order to reverse this spiral of violence; engage in meaningful efforts to restart peace negotiations; stress that violence, terrorism and incitement are fundamentally incompatible with a peaceful resolution of the Israeli-Palestinian conflict;










(c)


call for an immediate end to Palestinian terrorism, including the rocket attacks carried out by EU-listed Palestinian terrorist organisations, including Hamas, the Palestinian Islamic Jihad and the Popular Front for the Liberation of Palestine;










(d)


work in partnership with Israel, the PA, the United States and Arab partners in the region with a view to preventing the rearming of terrorist groups in the Gaza Strip and the West Bank and their smuggling of weapons, manufacturing of rockets and building of tunnels; stress the overwhelming need for all terrorist groups in Gaza to disarm; condemn the unacceptable activities by Hamas in Gaza and, against this backdrop, reiterate the need for the PA to take charge of the Gaza Strip;










(e)


call on the PA to condemn and sever all links with extremist organisations and terrorist groups active in the region;










(f)


stress the importance of direct and genuine negotiations between Israeli and Palestinian representatives based on internationally agreed parameters and remind both sides of the importance of the participation of women and religious and other minorities in all levels of the negotiations; set up a joint European and United States-led peace initiative in order to restore a political horizon for fair, comprehensive, long-lasting peace between Israel and Palestine; express the EU’s regret about the unilateral decisions of some states to recognise Jerusalem as Israel’s undivided capital and move their embassies;










(g)


ensure that the relevant EU authorities prevent EU funding from being directly or indirectly diverted to terrorist organisations; recall that, in line with the EU strategy on combating antisemitism, EU external funds may not be misallocated to activities that incite hatred and violence;










(h)


emphasise the importance of condemning and eliminating all forms of hate speech and violent behaviour on both the Israeli and the Palestinian sides and regardless of the context; stress the importance of education in the building of prospects for a two-state solution; reiterate the EU’s position that all schoolbooks and school materials on both sides must adhere to UNESCO standards of peace, tolerance, coexistence and non-violence;










(i)


deplore the problematic and hateful content in Palestinian school textbooks and study material, which has yet to be removed; underline that education and pupils’ access to peaceful and unbiased textbooks are essential, especially in the context of the rising involvement of teenagers in terrorist attacks; stress that EU financial support for the PA in the area of education should only be provided on the condition that textbook content be aligned with UNESCO standards, as decided by EU education ministers in Paris on 17 March 2015, that all antisemitic references be deleted and that examples that incite hatred and violence be removed, as repeatedly requested in the resolutions accompanying the discharge decisions in respect of the implementation of the general budget of the European Union for the financial years 2016, 2018, 2019 and 2020; request therefore that the Commission closely scrutinise whether the PA modifies the full curriculum expeditiously;










(j)


recognise that the Abraham Accords are a factor in the reorganisation of interstate relations in the region; engage in dialogue with the Arab countries that have signed the Abraham Accords, together with the EU and United States, to explore how their normalisation agreements with Israel could be conducive to the two-state solution, Palestinian economic development and the overall development of the region;










(k)


demand that Israel, as the occupying power, stop destroying vital civilian infrastructure and illegally exploiting water and land resources in the oPt, including East Jerusalem; stress the urgent need to advance reconstruction and development projects in this regard, including in the Gaza Strip, and call for support for the necessary efforts, in line with the commitments made at the Cairo International Conference on Palestine in 2014;










(l)


support Palestinian calls for renewed and inclusive political representation; strongly urge the Palestinian political leadership to provide for the necessary conditions to hold free, credible, inclusive, transparent and fair parliamentary and presidential elections without any further delay in order to strengthen its legitimacy; promote the participation of youth, women and minorities in this process and underline the importance of an independent judiciary and respect for freedom of expression; stress that it is unacceptable that the PA has not held any elections for more than 16 years; demand that Israel respect its obligations to allow these elections to take place in East Jerusalem;










(m)


ensure that the Israeli authorities allow Members of the European Parliament to access the oPt, including Gaza;










(n)


continue to support the work of the Central Elections Commission and to engage with relevant actors to push the electoral process forward; provide all the necessary political support and technical assistance to facilitate the holding of elections throughout the Palestinian territory, including in East Jerusalem; actively offer to deploy an EU election observation mission to the oPt upon the announcement of general elections;










(o)


stress the importance of free, fair and democratic elections and of this being respected by all parties involved, along with the expectation that all candidates standing in the elections will renounce violence as a means of reaching their political objectives;










(p)


strongly call for East Jerusalem, the West Bank and the Gaza Strip to be brought under one legitimate, democratic PA rule; facilitate national dialogue, reconciliation, security, peace and consensus-building among all political and societal actors in Palestine; commend international mediation efforts to reach agreement between different Palestinian political factions;










(q)


continue to support Palestinian presence and development in Area C and the PA’s assumption of full control of Area C, as provided for in the Oslo and Oslo II Accords;










(r)


call on the PA to guarantee respect for the principles of the rule of law and reaffirm the separation of powers and the independence of the judiciary by repealing the decree of October 2022 establishing the Supreme Council of Judicial Bodies and Authorities, which would also help to restore public confidence in institutions; assist with concrete steps towards administrative reforms of the Legislative Council and the judiciary system, especially the High Constitutional Court; encourage the authorities in Palestine to stop blocking pending laws, particularly family, social, anti-money laundering and counterterrorism legislation;










(s)


encourage measures to include youth and women in all levels of societal decision-making; call for concrete measures to be enacted to fight harassment and discrimination against girls and women, such as ‘honour killings’, as well as against persons belonging to the LGBTQI+ community, human rights defenders, activists, journalists, artists, religious and other minorities, and other marginalised groups;










(t)


express concern about the shrinking space for civil society and strive to ensure that the EU puts this issue high on the agenda of its political dialogue with the PA; urge the PA to eliminate repressive restrictions on the funding and registration of non-governmental organisations and not to arbitrarily detain people exercising their fundamental rights; continue to urge the PA to respect freedom of association, peaceful assembly and expression and the right to public participation, both offline and online, and in conformity with international law and standards, including the right for workers to organise through free and independent trade unions;










(u)


call on the Israeli military authorities to withdraw their designation of six Palestinian social and human rights organisations as terrorist, in order not to further reduce the space for Palestinian civil society;










(v)


demand that the PA establish independent and reliable mechanisms to investigate occurrences of torture or ill treatment and other human rights violations within its territory, in line with its obligations under the Optional Protocol to the Convention Against Torture, to which it acceded in 2017; support an independent investigation into the death of Nizar Banat and call for those responsible to be held accountable; urge the PA to hold security forces accountable for instances of arbitrary arrest, abuse and torture, immediately release all political prisoners and drop all charges; condemn the continued use of torture by the Palestinian authorities;










(w)


call on the PA to amend national legislation to align with international legal standards on anti-discrimination, including by recognising sexual orientation and gender identity as protected characteristics under civil law, in order to ensure that all hate crimes are prohibited under the law, and to diligently investigate any discriminatory motives;










(x)


call on the PA to align domestic legislation with the Convention on the Elimination of All Forms of Discrimination Against Women, in particular by repealing any section of the penal code that mitigates the penalty for killings on the grounds of so-called honour, and by including marital rape in the definition of rape and ensuring that penalties for crimes involving gender-based violence against women and girls are commensurate with the gravity of the offences;










(y)


continue to underline that Israeli settlements in the oPt are illegal under international law; call for an immediate end to the settlement policy, the plans for expansion, the eviction of Palestinian families and the demolition of their homes, which are a major impediment to the viability of the two-state solution and to the achievement of sustainable peace and security on the ground, and which constitute violations of the Fourth Geneva Convention;










(z)


call for breaking the cycle of violence and consider targeted EU measures specifically addressing settlement expansion in the West Bank;










(aa)


comply with the obligation to fully and effectively implement existing EU legislation and the bilateral arrangements applicable to settlement products, including ensuring their exclusion from the preferential customs regime and improving its effectiveness; ensure that the principle of legal differentiation between the territory of the state of Israel and the territories occupied since 1967 is applied consistently to the full scope of EU bilateral relations with Israel and properly monitored, in accordance with existing EU policies, the case-law of the Court of Justice of the EU and UN Security Council Resolution 2334 (2016) of 23 December 2016; commission an independent report on additional EU measures with regard to settlement products;










(ab)


engage with the PA to jointly establish a more regular political dialogue at the ministerial level, with a strong focus on human rights, the rule of law and the fight against terrorism; stress the importance of the EU-PLO Interim Association Agreement; reiterate the EU’s commitment to combating all forms of discrimination, including antisemitism, and stress that commitment in its relations with the PA; underline the importance of the political work of the Office of the EU Representative (West Bank and Gaza Strip, UNRWA) and call for its reinforcement;










(ac)


work towards the reopening of Palestinian institutions in annexed East Jerusalem; host regular meetings with Palestinian officials in East Jerusalem and support their involvement in the political, economic, social and cultural development of East Jerusalem; oppose efforts to impose Israeli curricula on Palestinian schools; respect the rights of Palestinians to choose their own educational materials;










(ad)


work towards an immediate end to the blockade of the Gaza Strip and make sure that Israelis and Palestinians respect each other’s right to peace and security, including the possibility for Palestinians to travel outside for work, study or medical reasons or to visit relatives in the West Bank and elsewhere, as well as the circulation of goods; continue to support the efforts to mitigate the humanitarian crisis in the Gaza Strip and to actively work towards a political solution to the 16-year blockade, including security guarantees on both sides that are respected by all parties;










(ae)


enhance funding, including humanitarian aid and development assistance for the green transition, youth participation, democratisation, good governance and the implementation of anti-corruption efforts and measures, such as public financial management reform; expand aid to Palestinian civil society, including to human rights defenders under attack; ensure that the principles of sound financial management are applied and underline that funding for civil society organisations or the PA must not be suspended on arbitrary grounds or without evidence of misuse; ensure continued funding for essential services, including education and healthcare;










(af)


continue and expand EU funding and programmes in vulnerable areas around East Jerusalem and rural areas of the West Bank and defend the rights of Palestinians living in Area C;










(ag)


call on Israel to reduce the physical and administrative restrictions on Palestinian economic activities and trade, and to stop favouring Israeli settler companies over Palestinians with regard to construction permits, operating licences and access to natural resources in Area C; insist that Israel financially contribute to the basic needs and well-being of Palestinians under its occupation, in accordance with its obligations under international humanitarian law, rather than leaving the burden to international donors;










(ah)


implement the EU Guidelines on Human Rights Defenders, taking concrete action when human rights defenders and civil society organisations are under attack; consistently consult Palestinian civil society organisations and human rights defenders to help shape the EU’s policy and positioning on the situation in Israel and Palestine;










(ai)


deplore the striking disparities between the health services available to Israelis and Palestinians respectively, which result in higher mortality rates for Palestinians; demand that the Israeli authorities ensure that Palestinian patients have unhindered access to medical care;










(aj)


monitor the implementation of the 2021-2014 joint strategy for Palestine and politically consult Parliament well ahead of the drafting and adoption of the next joint strategy in support of Palestine, for the 2024-2027 period; monitor more effectively the use of EU funding by the PA and all beneficiaries;










(ak)


provide Palestinian partners with long-term planning security and predictability by accompanying the 2024-2027 joint strategy with a multiannual action plan;










(al)


express concern about how EU policy and the effectiveness of its financial assistance in the oPt are undermined by illegal settlements, the Israeli occupation and related restrictions on the Palestinian economy; underline the need for accountability and call on all parties to respect EU policy; demand compensation for the demolition of all EU-funded infrastructure in the oPt; bring policies towards Israel in line with the EU’s goal of achieving an independent, democratic and viable Palestinian state as part of the two-state solution and oppose policies that obstruct a viable Palestinian state;










(am)


review the mandate of the EU Mission for the Support of Palestinian Police and Rule of Law, thereby improving its contribution to the viability of the two-state solution on the ground;










(an)


commission a legal opinion on what the transfer of the Israeli Civil Administration and the COGAT from the authority of the military commander to that of a civilian minister within the Ministry of Defence would mean for EU cooperation with these official bodies;










(ao)


express concern about the negative impact of the new rules restricting foreign citizens’ entry to and residence in the West Bank on both Palestinian society and EU citizens who wish to work, study or live in the West Bank; highlight that these restrictions have a seriously disruptive impact on the implementation of the Erasmus+ programme; demand that the Israeli authorities abolish all measures with such consequences; facilitate Palestinian citizens’ entry to the EU, including through Ben Gurion airport;










(ap)


reiterate the EU’s strong support for the ICC’s work and its impartiality and neutrality; express regret about the limited progress in the ICC’s investigation into war crimes and crimes against humanity committed in the oPt and commit to helping the ICC and its Prosecutor to move forward with the investigation and prosecution;










(aq)


take note of the initiative by the PA, adopted by the UN General Assembly, to request an advisory opinion from the ICJ on the legal consequences of Israel’s occupation of the Palestinian territories; express concern about the Israeli Government’s decision to impose punitive measures against the Palestinian people, leadership and civil society, such as withholding funds and implementing a moratorium on construction plans in Area C, in response to the request by the General Assembly for an advisory opinion from the ICJ; support the efforts to end impunity for crimes committed in the oPt;










(ar)


advocate for an overhaul of the Paris Protocol in order to provide the PA with more autonomy in economic and fiscal governance, for instance by allowing it to set its own fiscal policy (e.g. VAT rates) and undertake tax collection; urge the Israeli authorities to refrain from withholding tax revenues due to the Palestinian authorities for political purposes;










(as)


continue to apply the incentive-based approach and policy dialogue within the PEGASE programme, inter alia through holding more frequent and systematic meetings and implementing concrete indicators, with the aim of helping the PA to foster effective and accountable institutions in readiness for statehood and enable inclusive social development; enhance policy dialogue and urge the PA Ministry of Interior and the authorities under its supervision to end arbitrary arrests and the use of torture and to investigate and prosecute those responsible for abuses; if no progress is made, consider temporarily suspending EU financial assistance to the ministry in the framework of PEGASE and redirecting those funds to Palestinian civil society organisations and human rights watchdogs until the ministry fulfils certain benchmarks, while retaining the overall level of financial support for the PA;










(at)


continue to work with the PA and UNRWA to ensure continued and additional financial support, so that Palestine refugees in the oPt and neighbouring host countries continue to receive the assistance and protection that the agency is mandated to provide; encourage continued engagement with regional and international donors to ensure that the political support for UNRWA is matched with suitable financial resources, and appeal to the international community to equip the agency with a sustainable funding model; recall that in the agreement for the 2023 EU budget, the two arms of the budgetary authority jointly decided on an increase in the Neighbourhood, Development and International Cooperation Instrument-Southern Neighbourhood budget line and that the funds would be in part dedicated to UNRWA; earmark the additional funds for UNRWA’s core programme budget, which supports the delivery of essential services, with a special focus on education and healthcare;
















2.


Instructs its President to forward this recommendation to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commissioner for Neighbourhood and Enlargement, the governments and parliaments of the Member States, the Palestinian Authority and the Palestinian Legislative Council.






(1)  
            OJ L 187, 16.7.1997, p. 3.

(2)  
            OJ L 147, 21.6.2000, p. 3.

(3)  
            OJ C 375, 12.11.2015, p. 4.

(4)  Judgment of the Court of Justice, 12 November 2019, Organisation juive européenne and Vignoble Psagot Ltd v Ministre de l’Économie et des Finances, C-363/18, ECLI:EU:C:2019:954.

(5)  
            OJ C 303, 15.12.2009, p. 12.

(6)  
            OJ C 125, 5.4.2023, p. 154.

(7)  
            OJ C 307, 30.8.2018, p. 113.

(8)  
            OJ C 177, 17.5.2023, p. 73.

(9)  
            OJ C 294, 12.8.2016, p. 9.

(10)  
            https://www.ohchr.org/en/documents/country-reports/a77356-situation-human-rights-palestinian-territories-occupied-1967



ELI: http://data.europa.eu/eli/C/2024/4015/oj
ISSN 1977-091X (electronic edition)