Case of the al-Kurd family

Tabled by Hélène Flautre, Margrete Auken, David Hammerstein, Jill Evans, Caroline Lucas

on behalf of the Greens/EFA Group

The European Parliament,

– having regard to its previous resolutions on the Middle East with regard, in particular to those of 7 September 2006 on the situation in the Middle East and of 16 November 2006 on the situation in the Gaza Strip,  

- having regard to the Council's decision not to publish the report on East Jerusalem,  

– having regard to the report drawn up by the European Parliament's Ad Hoc Delegation to Israel and the Palestinian Territories (30 May - 2 June 2008) and its conclusions,

– having regard to the Universal Declaration of Human Rights of 1948,

– having regard to the IV Geneva Convention,

– having regard to the UN International Covenant on Civil and Political Rights of 1966,

– having regard to the relevant UN resolutions,

– having regard to the results of the 8th meeting of the EU-Israel Association Council of 16 June 2008,

–  having regard to Rule 115 of its Rules of Procedure,

A. whereas on 9 November 2008 the Israeli police evicted Mohammad al-Kurd, a 56 year old partially paralysed Palestinian man suffering from serious health problems, with his wife and their five children from their home in the Sheikh Jarrah area of East Jerusalem where they have lived since 1956,

B. whereas this eviction was based on an order issued by the Israeli Supreme Court on 16 July 2008 following long and controversial legal procedures before Israeli courts and authorities,

C. whereas this eviction and the recent destruction of houses of Palestinian families carried out by the Israeli authorities in several areas of East Jerusalem have deep political implications and grave consequences on the situation of Palestinian residents living in the Sheikh Jarrah and other neighbourhoods of East Jerusalem as well as on the relations between Israelis and Palestinians,

D. whereas several international actors and foreign governments tried to intervene on behalf of the al-Kurd family without any success; whereas the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) declared that it would continue to offer the family assistance,

E. whereas a number of similar cases took place before the eviction of the al-Kurd family and whereas more families are threatened with eviction with a view to building 200 units of a new settlement in the West Bank,

F. whereas the Council in its statement of 10 November 2008 expressed its deep concern regarding the destruction of Palestinian houses carried out by the Israeli authorities in several areas of East Jerusalem and recalled that these operations are illegal under international law,

G. whereas Israeli and Palestinian political leaders made a commitment in Annapolis to hold negotiations in good faith with a view to concluding by the end of 2008 a peace treaty resolving all outstanding issues, including all core issues, without exception, as specified in previous agreements,

H. whereas in spite of the commitments made in Annapolis the expansion of settlements has not stopped and according to the figures released by the Commission the settlement population has increased by 4,7%,

I. whereas relations between the EU and Israel, under Article 2 of the Association Agreement, are based on respect for human rights and democratic principles; whereas the Action Plan underlines that the EU and Israel share the common values of democracy, respect for human rights and the rule of law and basic freedoms, and that the level of ambition of the EU-Israel relationship will depend on the degree of commitment by both parties to these values; whereas a new protocol to the Association Agreement is being negotiated between the EU and Israel with a view to upgrading the relations and allow Israel to step up its participation in Community programmes,

G. Whereas a delegation of the European Parliament visited the Sheikh Jarrah neighbourhood and had the opportunity to meet the al-Kurd family on 3 November 2008,

1. Condemns the eviction of the al-Kurd family and the recent destruction of houses of Palestinian families by the Israeli authorities in several areas of East Jerusalem, and expresses its deepest concern regarding the possible serious consequences of these measures and the impact that they could have on the negotiations between the parties within the Annapolis process;

2. Recalls that these operations are inhuman and are illegal under international law; calls the Israeli authorities to immediately put an end to settlement activities as well as to illegal evictions and house destructions in East Jerusalem;  

3. Calls on the Israeli authorities to reconsider the existing judicial and administrative decisions taken in the case of the al-Kurd family and calls for the immediate restitution of its properties to the al-Kurd; calls on the parties historically involved in the housing project in Sheikh Jarrah, and notably the Government of Jordan and UNRWA, to stand up to their responsibilities to protect the Palestinian residents in the area; welcomes the efforts of UNRWA in this regard;

4. Calls on the Council and the Commission and the other members of the Quartet, to make all the possible efforts aimed at protecting Palestinian residents in the Sheikh Jarrah and other areas of East Jerusalem by exerting pressure on the Israeli authorities to stop illegal evictions and house destructions;

5. Reiterates its call for an immediate halt to the continuing extension of settlements, in East Jerusalem in particular, and the building of the wall beyond the 1967 borders, which is contrary to international law and is undermining peace efforts;

6. Reminds the parties of the commitment they made in Annapolis and calls for swift and tangible results on the ground in order to sustain peace negotiations; calls on Israel to refrain from all unilateral measures, including settlement activities and illegal evictions and house destructions, especially in and around East Jerusalem, that may prejudge the result of the final status negotiations and thatare a considerable threat to the climate of dialogue, deeply undermine the ongoing peace negotiations and jeopardise the perspective of a two-state solution;

7. Takes note of the EU statement at the Eight Meeting of the EU-Israel Association Council, which underlines that the process of developing a closer EU-Israeli partnership needs to be in the context of the common interests and objectives, including the resolution of the Israeli-Palestinian conflict through the implementation of the two state solution; stresses again that the evolution of the EU-Israel relations must be in line with the principles and commitments included in previous agreements between the EC and Israel, with special regard to Article 2 of the Association Agreement;

8. Instructs its President to forward this resolution to the Commission, the Council, the High Representative for the Common Foreign and Security Policy, the governments and parliaments of the Member States, the Quartet Special Envoy for the Middle East, the Israeli Government, the Knesset, the President of the Palestinian Authority, the Palestinian Legislative Council and the Government and Parliament of Jordan.