Shaaba Farms and UNSC 1559 and 1701
Colin Nelson
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On 2 Sept 2004, the UN Security Council (UNSC) adopted resolution 1559 with typically high-minded rhetoric designed to make it appear that the UNSC was actually doing something to help resolve the smouldering issue of restoring full sovereignty to the State of Lebanon.
The language of the resolution positions the views of the SC by the usual reiteration of its “grave concern” and by recalling all previous statements and resolutions; it concludes with its request to the Secretary-General to report on the implementation and to remain “actively seized of the matter”.
Here is part of the theoretical basis for the SC 1559 solution as seen by the diplomats.
1. Reaffirms its call for the strict respect of the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon;
2. Calls upon all remaining foreign forces to withdraw from Lebanon;
3. Calls for the disbanding and disarmament of all Lebanese and non-Lebanese militias;
4. Supports the extension of the control of the Government of Lebanon over all Lebanese territory;
What an empty and meaningless pile of bilge.
Essentially from then until now, the UN did nothing to support these four points and worse, totally failed to respond to the clear build up of arms and control of Southern Lebanon by Hezbollah. In fact, the non-state militia of Hezbollah was allowed to flourish from the moment of the pull-out by Israel in 2000.
In the 1559 referenced report of the Sec-Gen, the following conclusion was reached with respect to the disposition of the Shaaba Farms area:
“When UN surveyors marked the Blue Line between Lebanon and Israel in the summer of 2000 after Israel's withdrawal from Lebanon, they determined that the Shaaba Farms villages were on the Israeli side, that is, on land that will be the subject of peace negotiations between Israel and Syria (my underline -cn) at some time in the future.”
“On 15 May 2000, the United Nations received a map, dated 1966, from the Government of Lebanon which reflected the Government's position that these farmlands were located in Lebanon. However, the United Nations is in possession of 10 other maps issued after 1966 by various Lebanese government institutions, including the Ministry of Defence and the army, all of which place the farmlands inside the Syrian Arab Republic. The United Nations has also examined six maps issued by the Government of the Syrian Arab Republic, including three maps since 1966, which place the farmlands inside the Syrian Arab Republic.”
However in typical Middle-East fashion and since Israel's withdrawal, “Hezbollah has kept the dispute over Shaaba Farms boiling with assertions that they have evidence supporting Lebanese claims to the land. This gives them a pretext to attack Israel for holding land Hezbollah still considers to be part of Lebanon; that is, they claim Israel has not yet withdrawn from all of Lebanon.”
Roll forward almost two years to the present UNSC resolution, 1701 and surprise, surprise, the Shaaba Farms is back on the agenda: the draft resolution says the SC will “take due note” of “the proposals made in the seven-point plan regarding the Shebaa farms area”.
This is the relevant para in the Siniora 7 point plan:
“c- A commitment from the Security Council to place the Shebaa Farms area and the Kfarshouba Hills under UN jurisdiction until border delineation and Lebanese sovereignty over them are fully settled.”
Just wondering - how do you think the SC will “take due note” of this request from Siniora. Far as I can see the issue is as “fully settled” as it could possibly be. On the other hand this conclusion is based on my North-American logic and will no doubt be seen as quite inadequate to deal with Middle-East logic.
This in spite of the following clear statement by the UN Sec-Gen, January 20, 2005 in his UN report on Lebanon:
"The continually asserted position of the Government of Lebanon that the Blue Line is not valid in the Shab'a farms area is not compatible with Security Council resolutions. The Council has recognized the Blue Line as valid for purposes of confirming Israel’s withdrawal pursuant to resolution 425 (1978). The UN Security Council has repeatedly requested that all parties respect the Blue Line in its entirety."[5].(Middle East Intelligence Bulletin - MEIB). The official position of the UN has always been that Resolution 425 required Israeli forces to withdraw to the pre-1978 line of separation, that is, to the 1949 Armistice Demarcation Line (ADL ).
Until recently, successive Lebanese governments explicitly endorsed this position - the 1949 ADL was considered sacrosanct. In fact, the 1989 Ta'if Accord which established the Second Lebanese Republic explicitly calls for adherence "to the truce agreement signed on March 23, 1949" and implementation of Resolution 425.
So, why has this issue reopened?
To say that the dispute was simply a pretext used by Hezbollah and Syria to justify its continued attacks on Israel and the Israeli Defence Force (IDF), is to state the obvious. In its assessment of the claims and counter claims to the area, the UN relied on all known maps dating from as early as the French mandate period beginning in 1921.
Interestingly, on 17 April, 2000 when Israel advised the UN of its intention to withdraw its forces in full compliance with UNSC 425, the Sec Gen dispatched his special Middle East envoy, Terje Roed-Larsen to “verify that both sides were in agreement on the conditions required by Resolution 425. Upon arriving in Beirut, the UN team encountered an eleventh hour objection from Lebanese officials. As a UN report later characterized the incident, "the Government of Lebanon informed the United Nations of its new position regarding the definition of its territory." This new territorial claim had never before even been mentioned by a representative of the Lebanese government.”
A reply to this new fabricated claim was not long in coming.
“On May 22, 2000 UN Secretary-General Kofi Annan gently rebuffed the Syrian/Lebanese claim in his report to the UN Security Council and recommended that the line separating the areas of operation of UNFIL and the UN Disengagement Observer Force (UNDOF) in the Golan Heights (which would exclude the Shebaa Farms) be used for the purposes of determining Israel's compliance with Resolution 425. His justification for this decision merits a direct quotation:
“This UNIFIL-UNDOF line coincides with the border line most commonly found on maps issued by the Government of Lebanon, including those published after 1966. This line has also been accepted by the Government of Lebanon for 22 years in the context of the UNIFIL area of operations. In addition, this same line was approved by the Governments of Israel and the Syrian Arab Republic in their 1974 Disengagement Agreement.”
On 16 May, 2001 on the recommendation of the Sec Gen, the SC decided to reduce the UN force, UNIFIL, from 5600 to 2000 troops and “subjected the Lebanese government to remarkably unequivocal criticism for its stance on the Shebaa Farms.” The reduction of UNIFIL according to MEIB was, “largely the result of the Lebanese government's unwillingness to recognize the UN blue line and its refusal to allow peacekeepers to deploy at key areas along the border, most notably at the Fatima Gate.”
Afterwards, Security Council president James B. Cunningham stated that members of the council were "deeply concerned by assertions that the Blue Line is not valid in the Shebaa Farms area. This area is governed by UN Security Council resolutions 242 and 338, which are applicable to the occupied Syrian Golan."
This should have put paid to the Lebanese tale that in an oral agreement with Syria in 2000, the Shaaba area was given to Lebanon. After all, and according to the Lebanese claim, “there are no international records of the boundary adjustment since Lebanese and Syrian officials decided not to register it with the UN.”(MEIB)
“In fact, the officials in Beirut were unable to produce any documents concerning the transfer. One senior government source in Beirut later explained that this was because the border adjustment was "a kind of oral agreement" between the two countries and "nothing was documented specifically." (MEIB)
How convenient!
I am reminded of the old saying about oral agreements not being worth the paper they are printed on!
One might wonder why such a status for Shaaba was claimed by Lebanon.
Some clues are noted here in opinion.jpost.com of 30 July 2006:
http://www.jpost.com/servlet/Satellite?apage=2&cid=1153292036524&pagename=JPost%2FJPArticle%2FShowFull
Syria had to bend over double to try and reconcile the competing pressures: to have formally handed the territory over to Lebanon would have been a clear and official declaration that Lebanon is indeed a sovereign state and thus nullify the Syrian position that Lebanon is really just part of Greater Syria. Syria has never accepted Lebanon as a separate, independent, sovereign state hence the absence of formal diplomatic relations between the two countries.
If the final wording of the resolution incorporates any reference to the Shaaba Farms area it should be accompanied by a statement from Syria that the area in dispute belongs to Lebanon.
Don’t hold your breath.
For some and seemingly including the USA, the Shaaba Farms area (Mount Dov) is seen as bargaining chip that might be tossed Lebanon’s way. Following the Rome Conference 26 July 2006, the presentation of his 7 point plan, PM Siniora took the opportunity to express , "Lebanon's demands that for so many years part of our country is still occupied, which is represented by the Shaba Farms, which [is] still occupied [by] Israel.”
Evidently the idea of resurfacing this issue was brought forward by UN envoy Terje Roed-Larsen in Jerusalem in the week before the Rome meeting 26 July. Seems to me that the Lebanese claims to Shaaba made to this same envoy in 2000 in an 11th hour attempt to pull the farms area into the Lebanese fold (see above) found a true believer. It is only amazing that in spite of the UN’s clear factually based declarations about the proper legal disposition of the area, this position was missed or ignored by Larsen and crew.
How perfect a case this is to demonstrate the UN’s craven unprincipled and abject submission to the terrorists and their toddies.
Disgusting and I predict, dangerous.
cn
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