Vol. 385 No. 6
asked the Minister for Foreign Affairs if the Government have made any representations to the United States to issue a visa to Yasser Arafat to allow him to address the United States General Assembly; and if he will make a statement on the announcement made by Mr. Arafat at the 18th Palestinian National Council.
27.
asked the Minister for Foreign Affairs if this country will extend recognition to the independent State recently proclaimed by the Palestinian National Council; if he has made any protest to the United States regarding its decision to refuse to allow the Chairman of the Palestine Liberation Organisation, Yasser Arafat, to enter the United States to address the United Nations General Assembly debate on Palestine; and if he will make a statement on the matter.
43.
asked the Minister for Foreign Affairs if he will outline the Government's reason for supporting the transfer of the United Nations debate on the Palestinian question to Geneva.
I propose to take Priority Question No. 46 and Oral Questions Nos. 27 and 43 together.
Ireland's view of the denial of a visa to Yasser Arafat to enter the United States for the purpose of addressing the United Nations General Assembly on the question of Palestine was made clear to the United States in a number of ways. On 30 November, Ireland voted in favour of a resolution in the UN General Assembly which characterised the decision as constituting a violation of the international legal obligations of the host country under the Headquarters Agreement establishing the UN in New York. The resolution deplored the host country's failure to grant the requested visa and urged it to reconsider and reverse its decision.
A declaration issued by the Presidency on behalf of the Twelve member states of the European Community on the same day stated their belief that in accordance with the Headquarters Agreement and the opinion of the legal counsel of the United Nations. Mr. Arafat should be allowed to address the UN General Assembly in New York. It called on the US Government to review the legal arguments and reconsider its decision. On 2 December, the host country having informed the UN Secretary General that it saw no basis for changing its decision, Ireland voted in favour of a second UN General Assembly resolution which decided "in the present compelling circumstances and without prejudice to normal practice" to consider the agenda item, question of Palestine, at the United Nations Office in Geneva during the period 13-15 December 1988. We did so because we wished to express support for the opinion of the legal counsel of the United Nations that the visa request fell, inter alia, under Section II of the Headquarters Agreement which provides that invitees of the United Nations shall not be impeded in their access to the headquarters district and that the request should, therefore, have been granted. In the circumstances that developed we believed that to withhold support for the transfer of debate to Geneva would be to fail to support the UN in its role as a forum before which all parties to the Middle East conflict could set out their positions on the matter.
The Palestinian National Council's acceptance of Security Council Resolutions 242 and 338 as the basis for an international conference, and its explicit condemnation of terrorism, represent an important evolution in the position of the Council. Acceptance of Resolutions 242 and 338 implies acceptance of the right of all states of the region, including Israel, to exist within secure, recognised and guaranteed borders. Since the Venice Declaration of June 1980 this principle and the principle of the right of the Palestinian people to self-determination with all that this implies have been regarded by Ireland and by the Twelve as being on an equal footing. Each of these is fundamental to a comprehensive, just and lasting solution to the Arab-Israeli conflict.
The criteria in international law applicable to recognition of states are that the state possess a defined territory, a permanent population, a sovereign government exercising effective control and a capacity to enter into international relations. It will be clear that while Israel continues to function as an occupying power the Palestinian state proclaimed on 15 November will lack some or all of the above attributes. The conditions for the granting of formal, legal recognition are not, therefore, present.
Nevertheless, Ireland does consider that, in the context of a comprehensive settlement, the right of the Palestinian people to self-determination includes their right to an independent state, if they so wish. It is, thus, our hope that the independent Palestinian state proclaimed on 15 November will become a reality in territories decided upon by negotiation in an international peace conference under UN auspices.
I thank the Minister for that reply with which I agree 90 per cent. The Government have adopted the right attitude. Does the Minister consider that the conditions are now present to allow a conference to be held in the Middle East in view of what Yasser Arafat said in the last two days about the recognition of Israel?
I do not want to enter into the disputation in that whole area, but certainly the international conference can only be held on the basis of recognition of the Palestinian right to self-determination, to a State within boundaries to be negotiated, and the right of Israel to its continued sovereignty. That must be the bedrock of any international conference. That is the attitude not just of Ireland but of the 12 who are all together in this.
The Chair is anxious to dispose of the remaining Priority Questions in the very limited time at my disposal. Therefore, I am calling Question No. 47 in the name of Deputy Barry.
