The Senate will soon consider its version of the ''Palestinian Anti-Terrorism Act of 2006'' (S. 2370). Although the draft version of S. 2370 currently being circulated, which has 88 cosponsors, is considerably more reasonable than the legislation recently passed by the House of Representatives (H.R. 4681), the Arab American Institute (AAI) remains deeply concerned with the bill’s overall tone and several of its provisions. AAI appreciates the efforts of several Senators who have contributed to make this legislation more moderate but finds it disappointing that a measure which is sure to have a lasting impact on American diplomatic and public diplomacy efforts will likely pass the Senate without hearings or a substantial, open debate.
With the humanitarian crisis in Palestine continuing to escalate, it is vitally important that Congress devise a workable mechanism to provide assistance to the Palestinian people and reiterate its commitment to a negotiated two-state solution. Sound US policy should promote fair and achievable objectives that encourage a nonviolent resolution to the Israeli-Palestinian conflict. While S. 2370 promotes a policy with more flexibility to respond to changing Palestinian realities—including the results of future Palestinian elections or a change in Hamas’ position—it lays out several requirements that are designed never to be met. The establishment of democratic institutions and other reforms should be encouraged and promoted over time, but should not be confused as necessary steps for engagement and assistance.
Because of the importance of language throughout the history of the conflict, the words that Congress chooses will send an important message to the Palestinian and Israeli people. It is troubling, therefore, that the Senate bill includes a requirement that Hamas ''publicly acknowledge Israel’s right to exist as a Jewish state.'' This demand ignores the civil rights and significant contributions of over 20% of Israeli citizens who are Palestinian Arabs. It exceeds the requirements of the Quartet as well as that of Israeli Prime Minister Ehud Olmert during his recent visit to Washington and does not further the goal of a two-state solution. (In its statement following the January parliamentary elections, the Quartet urged a commitment to ''nonviolence, recognition of Israel, and acceptance of previous agreements and obligations, including the Roadmap.'' During a May 23 press conference with President George W. Bush, Olmert called for the Hamas-led government to ''abandon the path of terrorism, dismantle the terror infrastructure, honor agreements and recognize Israel’s right to exist.''”)
In an important improvement over the House bill, the Senate version upholds the President’s ability to provide direct assistance to the Palestinian government if deemed in the national security interest of the United States. The waiver includes an exception for the office of the Palestinian President and for programs which promote democracy and the rule of law, as well as to the judiciary branch of the Palestinian Authority. Unfortunately, there is a technicality that could allow the assistance to be held up by Congressional bureaucracy.
With regard to the vital issue of humanitarian assistance provided by non-governmental organizations, S. 2370 includes the more humane provision for “basic human needs” over the House’s more restrictive “basic human health needs.” It also includes assistance ''to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful co-existence.'' S. 2370 also provides for assistance to members of the Palestinian Legislative Council who are not members of Hamas.
Other provisions of note:
One of the most egregious provisions of HR 4681 is its visa ban for all officials of the Palestinian Authority and the Palestine Liberation Organization. S. 2370 makes this ban discretionary rather than mandatory, removes language referring to the PLO, and includes exceptions for the office of the President and non-Hamas members of the PLC—in essence reaffirming existing US law.
S. 2370 does, regrettably, include a restriction on travel for PA and PLO representatives at the United Nations. Restrictions on the activities of the PLO in response to an election victory by Hamas is counterproductive. Hamas is not now, and has never been, a member of the PLO. Inclusion of anti-PLO language sends the very negative message that Congress does not differentiate between groups that have renounced violence and entered into peace negotiations and those who have not.
Finally, S. 2370 establishes the ''Israeli-Palestinian Peace, Reconciliation and Democracy Fund'' with an initial endowment of $20 million. The fund would be established to support “primarily, through Palestinian and Israeli organizations, the promotion of democracy, human rights, freedom of the press, and non-violence among Palestinians, and peaceful coexistence and reconciliation between Israelis and Palestinians.”