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INTERNATIONAL HUMAN RIGHTS

Documents available from the Committee on International Relations or from the Government Printing Office

Human Rights in Haiti. November 18, 1975. (Hearing before the Subcommittee on International Organizations.)

Human Rights in Chile. December 9, 1975. (Hearing before the Subcommittee on International Organizations.)

Chile: The Status of Human Rights and Its Relationship to U.S. Economic Assistance Programs. April 29 and May 5, 1976. (Hearings before the Subcommittee on International Organizations.)

Psychiatric Abuse of Political Prisoners in the Soviet Union: Testimony by Leonid Plyushch. March 30, 1976. (Hearing before the Subcommittee on International Organizations.)

Human Rights in Indonesia and the Philippines. December 18 and May 3, 1976. (Hearings before the Subcommittee on International Organizations.) Religious Persecution in the Soviet Union. June 24 and 30, 1976. (Joint hearings before the Subcommittee on International Political and Military Affairs and the Subcommitte on International Organizations.)

Human Rights in Iran. August 3 and September 8, 1976. (Hearings before the Subcommittee on International Organizations.)

Human Rights in Nicaragua, Guatemala, and El Salvador. June 8 and 9, 1976. (Hearings before the Subcommittee on International Organizations.) Human Rights in India. June 23, 28, 29; September 16 and 23, 1976. (Hearings before the Subcommittee on International Organizations.)

Human Rights in Uruguay and Paraguay. June 17; July 27, 28; and August 4, 1976. (Hearings before the Subcommittee on International Organizations.) Namibia: The United Nations and U.S. Policy. August 24 and 27, 1976. (Hearings before the Subcommittee on International Organizations.)

Human Rights in Argentina. September 28 and 29, 1976. (Hearings before the Subcommittee on International Organizations.)

Human Rights in North Korea. September 9, 1976. (Hearing before the Subcommittee on International Organizations.)

The Recent Presidential Elections in El Salvador: Implications for U.S. Foreign Policy. March 9 and 17, 1977. (Joint hearings before the Subcommittee on International Organizations and the Subcommittee on Inter-American Affairs.) Human Rights in East Timor and the Question of the Use of U.S. Equipment by the Indonesian Armed Forces. March 23, 1977. (Joint hearing before the Subcommittee on International Organizations and the Subcommittee on Asian and Pacific Affairs.)

Human Rights in Cambodia. May 3, 1977. (Hearing before the Subcommittee on
International Organizations.)

Review of the United Nations 33d Commission on Human Rights. May 19, 1977.
(Hearing before the Subcommittee on International Organizations.)
Human Rights in the International Community and in U.S. Foreign Policy, 1945-
76. July 24, 1977. (Report of the Subcommittee on International Organizations.)
The Status of Human Rights in Selected Countries and the U.S. Response.
July 25, 1977. (Report of the Subcommittee on International Organizations.)
Human Rights in East Timor. June 28, and July 19, 1977. (Hearings before the
Subcommittee on International Organizations.)

Human Rights in Taiwan. June 14, 1977. (Hearing before the Subcommittee on
International Organizations.)

Human Rights in Cambodia. July 26, 1977. (Hearing before the Subcommittee on International Organizations.)

Human Rights in Thailand. June 23 and 30, 1977. (Hearings before the Subcommittee on International Organizations.)

Human Rights in Vietnam. June 16. 21. and July 26, 1977. (Hearings before the Subcommittee on International Organizations.)

Religious Persecution in El Salvador. July 21 and 29, 1977. (Hearings before the Subcommittee on International Organizations.)

Human Rights Issues at the Seventh Regular Session of the Organizations of American States General Assembly. September 15, 1977. (Hearing before the Subcommittee on International Organizations.)

Human Rights in Indonesia: A Review of the Situation With Respect to the Long-Term Political Detainees. October 18, 1977. (Hearing before the Committee on International Organizations.)

Human Rights in Iran. October 26, 1977. (Hearing before the Subcommittee on International Organizations.)

The Question of Self-Determination in Western Sahara. October 12, 1977. (Joint hearing before the Subcommittee on International Organizations and the Subcommittee on Africa.)

Human Rights and United States Foreign Policy: A Review of the Administrations' Record. October 25, 1976. (Hearing before the Subcommittee on International Organizations.)

Document available only from the Committee on International Relations Anti-Semitism and Reprisals Against Jowish Emigration in the Soviet Union. May 27, 1976. (Hearing before the Subcommittee on International Organizations.)

Documents available only from the Government Printing Office

Human Rights in the World Community: A Call for U.S. Leadership. March 27, 1974. (Report of the Subcommittee on International Organizations and Movements.) International Protection of Human Rights: The Work of International Organizations and the Role of U.S. Foreign Policy. August 1; September 13, 19, 20, 27; October 3, 4, 10, 11, 16, 18, 24, 25; November 1; and December 7, 1973. (Hearings before the Subcommittee on International Organizations and Movements.) Human Rights in Chile (Part 1). December 9, 1973; May 7, 23; June 11, 12, and 18, 1974. (Joint hearings before the Subcommittee on International Organizations and Movements and the Subcommittee on Inter-American Affairs.) Review of the U.N. Commission on Human Rights. June 18 and 20, 1974. (Hearings before the Subcommittee on International Organizations and Movements.) Human Rights in South Korea and the Philippines: Implications for U.S. Policy. May 20, 22; June 3, 5, 10, 12, 17, and 24, 1975. (Hearings before the Subcommittee on International Organizations and Movements.)

Human Rights in Chile (Part 2). November 19, 1974. (Joint hearing before the Subcommittee on Inter-American Affairs and the Subcommittee on International Organizations and Movements.)

Human Rights Issues at the Sixth Regular Session of the Organization of American States General Assembly. August 10, 1976. (Hearing before the Subcommittee on International Organizations.)

Human Rights in the Philippines: Report by Amnesty International. September 15, 1976. (Hearing before the Subcommittee on International Organizations.)

Documents out of print

Treatment of Israeli POW's in Syria and Their Status Under the Geneva Convention. February 26, 1974. (Hearing before the Subcommittee on International Organizations and Movements and the full committee.)

Problems of Protecting Civilians Under International Law in the Middle East Conflict. April 4, 1974. (Hearing before the Subcommittee on International Organizations and Movements.)

Human Rights in Africa: Report by the International Commission of Jurists. June 13, 1974. (Hearing before the Subcommittee on International Organizations and Movements.)

Soviet Union: Human Rights and Détente. July 17 and 25, 1974. (Joint hearings before the Subcommittee on Europe and the Subcommittee on International Organizations and Movements.)

Torture and Oppression in Brazil. December 11, 1974. (Hearing before the Subcommittee on International Organizations.)

Human Rights in South Korea: Implications for U.S. Policy. July 31; August 5; and December 20, 1974. (Joint hearings before the Subcommittee on Asian and Pacific Affairs and the Subcommittee on International Organizations and Movements.)

ISRAELI SETTLEMENTS IN THE OCCUPIED

TERRITORIES

MONDAY, SEPTEMBER 12, 1977

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERNATIONAL RELATIONS,

SUBCOMMITTEES ON INTERNATIONAL ORGANIZATIONS

AND ON EUROPE AND THE MIDDLE EAST,

Washington, D.C.

The subcommittees met at 1:05 p.m. in room 2172, Rayburn House Office Building, Hon. Donald M. Fraser (chairman of the Subcommittee on International Organizations) presiding.

Mr. FRASER. The subcommittees will come to order.

Today the Subcommittees on Europe and the Middle East and on International Organizations begin a series of three hearings on the subject of the "Israeli Settlements in the Occupied Territories."

There are several aspects of this subject which are of interest to the subcommittees. The first concerns the status of the settlements under international law including the applicability of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Article 49 of that convention provides that "the occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies."

A related legal question concerns the relationship of the settlements and the right of self-determination of the indigenous peoples of the occupied territories. Article 1 of the Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights states:

All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

IMPACT OF SETTLEMENTS

A second series of questions concerns the impact that the settlements have had on indigenous peoples residing in the occupied territories. To what extent have their rights been affected? Are the settlements a source of tension between the Arabs and Jews in the occupied territories? The second hearing, which is scheduled for September 21 at 1 p.m. in 2172 Rayburn Building, will discuss the international legal issues. Witnesses scheduled to appear are Rita Hauser, a member of the law firm of Stroock & Stroock & Lavan, and former U.S. Representative to the U.N. Commission on Human Rights; and Leonard Meeker, former legal adviser to the Department of State. At the third

hearing, scheduled for October 19 at 2 p.m. in 2172 Rayburn Building, Alfred L. Atherton, Jr., Assistant Secretary for Near Eastern and South Asian Affairs, will testify on the several aspects of this subject which are of interest to the subcommittees.

Our witnesses today are:

Fred Gottheil, professor of economics, University of Illinois;

Ann Lesch, former representative in the Middle East of the American Friends Service Committee;

Donald Peretz, professor of political science, State University of New York at Binghamton;

Raymond Tanter, professor of political science, University of Michigan; and

Paul Quiring, program director for the West Bank, Mennonite Central Committee.

The witnesses will appear as a panel. After all the witnesses have delivered their opening statements, questions will be addressed to any of the witnesses. Since we have five witnesses appearing today, they have agreed to limit their opening remarks to a maximum of 10 minutes in length. Their complete prepared statements will appear in the record of the hearing.

I would be delighted at this time to yield to my colleague, Mr. Hamilton, chairman of the Subcommittee on Europe and the Middle East.

Mr. HAMILTON. I have no statement.

Mr. FRASER. I yield to the ranking member on the Subcommittee on International Organizations, Mr. Derwinski.

OBSERVATIONS ON HEARINGS

Mr. DERWINSKI. Thank you, Mr. Chairman.

Before we get underway I would like to offer a few observations of my own regarding these hearings.

Over the past several years we have seen Congress become more and more involved in the foreign policymaking process. With that participation, however, goes a heavy responsibility that unfortunately we have not always discharged or shouldered in a manner befitting the role we have insisted upon playing.

The inquiry we begin today is a good example of what I mean. Not only is it ill-timed but I question whether this is the proper forum for examining such an explosive and emotional matter-especially in view of the fact that it is presently commanding the full attention of the President and his Secretary of State who are diligently trying to find ways to promote peace in this troubled area. Instead of abetting those efforts, these hearings will complicate them. They will not only add to the excessive rhetoric currently sweeping the Middle East but they could also ignite an area that history tells us is never far from its flashpoint.

Central to the question of Israeli settlements in the occupied territories is Israeli security. Until that is resolved to the Israelis' satisfaction, there is not going to be any significant headway made towards a permanent resolution of this sticky problem. The administration seems well aware of this fact of life, and appears to perceive the need for creating a negotiating environment in which Israel, Jordan, and

the other concerned Arab States can work together toward achieving that objective. I may add I just returned from a trip to the Middle East, and the courage and statesmanship demonstrated by Jordanian authorities warrants commendation.

To sum up, there is a time and place for everything. I don't believe this is the time nor place to conduct this inquiry and frankly I regret that the subcommittee is proceeding on this subject at this time but due to the House interest why I at least personally will give this inquiry my full cooperation.

Thank you.

Mr. FRASER. Thank you very much.

The gentleman from Illinois, Mr. Findley.

HEARINGS ARE TIMELY

Mr. FINDLEY. Thank you, Mr. Chairman.

I so often vote exactly like my colleague Ed Derwinski that I really welcome this opportunity to show that we don't always think alike. I think the hearings are well timed. I think it is very essential that the United States be informed where the West Bank issue is concerned, hopefully dispassionately and thoroughly, and the sooner the better. I think it can be very helpful to the President and to his advisers as they weigh the various alternatives that are available to the administration as an agency for influencing policy in the Middle East. Thank you, Mr. Chairman.

Mr. FRASER. Thank you very much.

Apparently it has been suggested that there might be a change in the sequence. Mr. Quiring will follow Ann Lesch in sequence on the panel. I guess there is no problem with that.

The first witness then is Prof. Fred Gottheil.

STATEMENT OF FRED GOTTHEIL, PH. D., PROFESSOR OF ECONOMICS, UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN

Mr. GOTTHEIL. Mr. Chairman, I am pleased to have this opportunity to discuss with you and the subcommittees some of the issues concerning the Jewish settlements in the West Bank. If I may, I would like to begin my remarks with a few general observations and then pursue some questions in more detail.

First, I believe it is meaningless to discuss the issue of Jewish settlements in the West Bank without referring to the longstanding refusal by the Arab States to recognize the legitimacy of any Jewish settlement anywhere in the Middle East. It is not unlike discussing Shakespeare's Hamlet without once introducing into discussion the Prince of Denmark. I believe it is a very partial and partisan perspective.

SETTLEMENTS NOT OBSTACLE TO PEACE

Second, it is my view that Jewish settlements in the West Bank should be considered the reciprocal of Arab settlements in Israel. As such, they are not only not obstacles to peace in the region, but may well be an important contributor to both the region's well-being and to the fostering of better relations among the parties to the dispute. Given

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