GUEST COLUMNIST BY Mohammad Alibak
As a result of the continued expansionist policies as well as the illegal and inhumane practices of the Zionist regime, the oppressed people of Palestine have been deprived of their inalienable and imprescriptible rights and their living conditions have deteriorated on a daily basis. Such policies and practices, which are in violation of the purposes and principles of the Charter of the United Nations and the rules of international law, particularly international humanitarian law and human rights, have been systematically intensified due to the failure of the international community in taking serious practical measures to resolve the question of Palestine for more than seven decades.
Even after the establishment of the United Nations, whereas the Charter of the United Nations had included completely specific rules regarding territories like Palestine (Chapter XI, Articles 73 and 74), these regulations were not taken into account. Even resolution 181(II) A of the United Nations General Assembly in November 1947 on the partition plan for Palestine also was not implemented because the Palestinian Arabs were against it. Therefore, at the time of the formation of the Zionist regime, the right to self-determination of the people of Palestine was completely disregarded.
The necessity of exercising the right to self-determination by the indigenous people of a territory has been clarified fully in the International Court of Justice’s Advisory Opinion of 25 February 2019 on “the legal consequences of the separation of the Chagos Archipelago from Mauritius by UK”. According to this advisory opinion, a country that assumes the trusteeship of a non-self-governing territory cannot, at its own discretion and without observing the right of people to self-determination, detach a territory. As mentioned in this advisory opinion, any detachment that occurred without the consent of the indigenous people is null and void and other countries should avoid such acts.
Likewise, noting resolution A/RES/194 (III) of 1948 of the United Nations General Assembly On the right of the Palestinian refugees to return to their homeland, this Plan includes all genuine Palestinians. Accordingly, holding a fair and inclusive referendum is the most basic mechanism for nations to achieve their right to self-determination.
Implementation phases of the Plan
The implementation of this Plan includes four main phases:
1. Enforcing the right of Palestinian refugees to return to their historical homeland.
2. Holding a national referendum among the people of Palestine, including the followers of all religions, who inhabited Palestine before the issuance of the Balfour Declaration, for the self-determination and determination of the political system.
3. Establishing the political system determined by the majority of the people of Palestine.
4. Deciding on the status of the non-indigenous residents of Palestine by the political system elected by the majority.
1. All people of Palestine, including Muslims, Christians and Jews, will have the right to participate in the referendum.
2. Representatives of the people of Palestine from among the Muslim, Christian and Jewish will assume the primary and managerial role in all planning and implementation phases of the Plan.
3. With a view to facilitate the participation of all Palestinians, particularly the Palestinian refugees in this referendum, the global project for comprehensive identification, census and identity registration of all Palestinian citizens in Palestine and other countries will be implemented. An international authority with the participation of the representatives of the people of Palestine will be mandated to implement this project.
4. An international committee will be formed under the auspices and with the assistance of the United Nations and participation of the representatives of the people of Palestine to implement the above-mentioned plan and to focus on the main issues of Palestine, inter alia, historical, sovereignty and territorial issues related to Palestine and the Al-Quds Al-Sharif.
5. For furtherance of and to support the implementation of this Plan, an international fund, with the contribution of the international community and under the authority of the above-mentioned committee, will be established.
H .E Mohammad Alibak, is the ambassador of the Republic of Iran to Nigeria