Newsletter: Vol. 10. Iss. 1

September 2010

Negotions Under False Pretenses, cont'd.
Gershon Baskin

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I had advised the Mitchell team to use the proximity talks in a very different way than they did. Proximity talks could have been intensive, they could have been held in the United States continuously. The proximity talks created the position of mediator which has not existed until now in the process. The process could have empowered the mediator to conduct the talks on the basis of “single text negotiations” where the mediator is the author of the text and the point of reference in the negotiations is that text. The proximity talks could have been used to advance agreement on issues of substance and not on process.

From the outset of the proximity talks, “success” was defined as getting to direct negotiations. So, we can declare that we have success, but what now?

The direct talks must have a place at the table for the US mediator – direct talks, yes, but with Senator Mitchell there guiding the process, like he did in Northern Ireland. The mediator must be the one setting the agenda and when necessary, which will be from the very outset, offering the bridging proposals.

The mediator must be frank and direct with both sides, both when sitting together and when in private. Neither side has a BATNA (a term used in negotiations theory which stands for “the best alternative to a negotiated agreement”). Both parties might live in some kind of delusionary reality which feels like the status quo is alright. There may not be any sense of urgency on the ground in Israel and Palestine, as public opinion research demonstrates on both sides of the conflict line. But reality is significantly more complex. Failure to reach a permanent status agreement in this round is dangerous for both peoples. Leading us to another dead-end in this process is no less than criminal negligence and an abuse of power and responsibility by both leaders.

Netanyahu and Abbas are the obstacle and the key to an agreement at the same time. Senator Mitchell and the Obama Administration will be there to help, but the agreement must be reached between the Israeli and Palestinian leaders.

Can the weight of responsibility and the small window of opportunity enable these two men to go where they have never gone before? Will Abbas be able to make the deal that will liberate his people and enable them to be free in their own land? Will Netanyahu be able to let go of the dream of greater Israel and let loose the shackles of control over the Palestinians that Israel has held since 1967?

The answer is yes if the two will stop lying to their people and face up to the reality that the mutual survival of both peoples resides in an agreement that partitions the land between the Jordan River and the Mediterranean sea into two states, for two peoples, on the basis of the 1967 lines, with Jerusalem as the capitals of both states, and the right of return for both peoples to their own nation-states.

Gershon Baskin is the founder and co-CEO of the Israel/Palestine Center for Research and Information and an elected member of the Leadership of Israel’s Green Movement Political Party. He is a frequent lecturer with and a member of the Advisory Board of The Society for Biblical Studies.

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