Geneva Initiative: Jordan's Idea of Division of Israel
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Backup (original at link above)
Draft Permanent Status
Agreement
Preamble
The State of Israel (hereinafter “Israel”) and the Palestine
Liberation Organization (hereinafter “PLO”), the representative of
the Palestinian people (hereinafter the “Parties”):
Reaffirming their determination to put an end to decades of
confrontation and conflict, and to live in peaceful
coexistence, mutual dignity and security based on a just,
lasting, and comprehensive peace and achieving historic
reconciliation;
Recognizing that peace requires the transition from the logic
of war and confrontation to the logic of peace and cooperation,
and that acts and words characteristic of the state of war are
neither appropriate nor acceptable in the era of peace;
Affirming their deep belief that the logic of peace requires
compromise, and that the only viable solution is a two-state
solution based on UNSC Resolution 242 and
338;
Affirming that this agreement marks the recognition of the right
of the Jewish people to statehood and the recognition of the
right of the Palestinian people to statehood, without prejudice to
the equal rights of the Parties' respective citizens;
Recognizing that after years of living in mutual fear and
insecurity, both peoples need to enter an era of peace,
security and stability, entailing all necessary actions by the
parties to guarantee the realization of this era;
Recognizing each other's right to peaceful and secure
existence within secure and recognized boundaries free from
threats or acts of force;
Determined to establish relations based on cooperation and the
commitment to live side by side as good neighbors aiming both
separately and jointly to contribute to the well-being of their
peoples;
Reaffirming their obligation to conduct
themselves in conformity with the norms of international law and the
Charter of the United Nations;
Confirming that this Agreement is
concluded within the framework of the Middle East peace process
initiated in Madrid in October 1991,
the Declaration of Principles of September 13,
1993, the subsequent agreements including the
Interim Agreement of September 1995,
the Wye River Memorandum of October 1998
and the Sharm El-Sheikh Memorandum of September 4,
1999, and the permanent status negotiations including
the Camp David Summit of July 2000,
the Clinton Ideas of December 2000, and the Taba
Negotiations of January 2001;
Reiterating their commitment to United Nations Security Council
Resolutions 242, 338 and 1397 and confirming
their understanding that this Agreement is based on, will lead to,
and -by its fulfillment-- will constitute
the full implementation of these resolutions and to the settlement
of the Israeli-Palestinian conflict in all its aspects;
Declaring that this Agreement
constitutes the realization of the permanent status peace
component envisaged in President Bush's speech of June 24, 2002 and
in the Quartet Roadmap process.
Declaring that this Agreement marks the historic
reconciliation between the Palestinians and Israelis, and paves the
way to reconciliation between the Arab World and Israel and the
establishment of normal, peaceful relations between the Arab
states and Israel in accordance with the relevant clauses of the
Beirut Arab League Resolution of March 28, 2002;
and
Resolved to pursue the goal of attaining a comprehensive regional
peace, thus contributing to stability, security,
development and prosperity throughout the region;
Have agreed on the following
Article 1 - Purpose of the
Permanent Status Agreement
1. The Permanent Status Agreement (hereinafter
"this Agreement") ends the era of conflict and ushers in a new
era based on peace, cooperation, and good neighborly relations
between the Parties.
2. The implementation of this Agreement will
settle all the claims of the Parties arising from events occurring
prior to its signature. No further claims related to events prior to
this Agreement may be raised by either Party.
Article 2 - Relations between the
Parties
1. The state of Israel shall recognize the
state of Palestine (hereinafter “Palestine”) upon its establishment.
The state of Palestine shall immediately recognize the state of
Israel.
2. The state of Palestine shall be the successor to the PLO with all
its rights and obligations.
3. Israel and Palestine shall immediately establish full diplomatic
and consular relations with each other and will exchange resident
Ambassadors, within one month of their mutual recognition.
4. The Parties recognize Palestine and Israel as the homelands of
their respective peoples. The Parties are committed not to interfere
in each other's internal affairs.
5. This Agreement supercedes all prior
agreements between the Parties.
6. Without prejudice to the commitments undertaken by them in this
Agreement, relations between Israel and Palestine shall be
based upon the provisions of the Charter of the
United Nations.
7. With a view to the advancement of the relations between the two
States and peoples, Palestine and Israel shall cooperate in areas of
common interest. These shall include, but are not limited to,
dialogue between their legislatures and state institutions,
cooperation between their appropriate local authorities, promotion
of non-governmental civil society cooperation, and joint programs
and exchange in the areas of culture, media, youth, science,
education, environment, health, agriculture, tourism, and crime
prevention. The Israeli-Palestinian
Cooperation Committee will oversee this cooperation in accordance
with Article 8.
8. The Parties shall cooperate in areas of joint economic interest,
to best realize the human potential of their
respective peoples. In this regard, they will work bilaterally,
regionally, and with the international community to maximize the
benefit of peace to the broadest cross-section of their respective
populations. Relevant standing bodies shall be
established by the Parties to this effect.
9. The Parties shall establish robust modalities for security
cooperation, and engage in a comprehensive and uninterrupted effort
to end terrorism and violence directed against each others persons,
property, institutions or territory. This effort shall continue at
all times, and shall be insulated from any possible crises and other
aspects of the Parties' relations.
10. Israel and Palestine shall work together and separately with
other parties in the region to enhance and promote regional
cooperation and coordination in spheres of common interest.
11. The Parties shall establish a ministerial-level
Palestinian-Israeli High Steering Committee to guide,
monitor, and facilitate the process of implementation of this
Agreement, both bilaterally and in accordance with the mechanisms in
Article 3 hereunder.
Article 3: Implementation and
Verification Group
1. Establishment and Composition
i. An Implementation and Verification
Group (IVG) shall hereby be established to facilitate, assist
in, guarantee, monitor, and resolve disputes relating to the
implementation of this Agreement.
ii. The IVG shall include the US, the Russian Federation, the
EU, the UN, and other parties, both regional and international,
to be agreed on by the Parties.
iii. The IVG shall work in coordination with the
Palestinian-Israeli High Steering Committee established in
Article 2/11 above and subsequent to that with the
Israeli-Palestinian Cooperation Committee (IPCC) established in
Article 8 hereunder.
iv. The structure, procedures, and modalities of the IVG are set
forth below and detailed in Annex X.
2. Structure
i. A senior political-level contact
group (Contact Group), composed of all the IVG members,
shall be the highest authority in the IVG.
ii. The Contact Group shall appoint, in consultation with the
Parties, a Special Representative who will be the principal
executive of the IVG on the ground. The Special Representative
shall manage the work of the IVG and maintain constant contact
with the Parties, the Palestinian-Israeli High Steering
Committee, and the Contact Group.
iii. The IVG permanent headquarters and secretariat shall be
based in an agreed upon location in Jerusalem.
iv. The IVG shall establish its bodies
referred to in this Agreement and additional bodies as it deems
necessary. These bodies shall be an integral part of and under
the authority of the IVG.
v. The Multinational Force (MF)
established under Article 5 shall be an
integral part of the IVG. The Special
Representative shall, subject to the approval of the
Parties, appoint the Commander of the MF who shall be
responsible for the daily command of the MF. Details relating to
the Special Representative and MF Force Commander are set forth
in Annex X.
vi. The IVG shall establish a dispute settlement mechanism, in
accordance with Article 16.
3. Coordination with the Parties
A Trilateral Committee composed of the Special
Representative and the Palestinian-Israeli High Steering Committee
shall be established and shall meet on at least a monthly basis to
review the implementation of this Agreement. The Trilateral
Committee will convene within 48 hours upon the request of any of
the three parties represented.
4. Functions
In addition to the functions specified
elsewhere in this Agreement, the IVG shall:
i. Take appropriate measures based on the
reports it receives from the MF,
ii. Assist the Parties in implementing the Agreement and
preempt and promptly mediate disputes on the ground.
5. Termination
In accordance with the progress in the implementation of this
Agreement, and with the fulfillment of the specific mandated
functions, the IVG shall terminate its activities in the said
spheres. The IVG shall continue to exist unless otherwise agreed by
the Parties.
Article 4 - Territory
1. The International Borders between the
States of Palestine and Israel
i. In accordance with UNSC Resolution
242 and 338, the border between the states of Palestine and
Israel shall be based on the June 4th 1967 lines with reciprocal
modifications on a 1:1 basis as set forth in attached Map 1.
ii. The Parties recognize the border, as set out in attached Map
1, as the permanent, secure and recognized international
boundary between them.
2. Sovereignty and Inviolability
i. The Parties recognize and respect each
other's sovereignty, territorial integrity, and political
independence, as well as the inviolability of each others
territory, including territorial waters, and airspace.
They shall respect this inviolability in
accordance with this Agreement, the UN Charter, and other rules
of international law.
* This will change
with Global Democracy
ii. The Parties recognize each other's rights in their exclusive
economic zones in accordance with
international law.
3. Israeli Withdrawal
i. Israel shall
withdraw in accordance with Article 5.
ii. Palestine shall assume responsibility for the areas from
which Israel withdraws.
iii. The transfer of authority from Israel to Palestine shall
be in accordance with Annex X.
iv. The IVG shall monitor, verify, and facilitate the
implementation of this Article.
4. Demarcation
i. A Joint Technical Border Commission
(Commission) composed of the two Parties shall be established to
conduct the technical demarcation of the border in accordance
with this Article. The procedures governing the work of this
Commission are set forth in Annex X.
ii. Any disagreement in the Commission shall be referred to the
IVG in accordance with Annex X
iii. The physical demarcation of the international borders shall
be completed by the Commission not later than nine months from
the date of the entry into force of this Agreement.
5. Settlements
i. The state of Israel shall be
responsible for resettling the Israelis residing in Palestinian
sovereign territory outside this territory.
ii. The resettlement shall be completed
according to the schedule stipulated in Article 5.
iii. Existing arrangements in the West Bank and Gaza Strip
regarding Israeli settlers and settlements, including security,
shall remain in force in each of the settlements until the date
prescribed in the timetable for the completion
of the evacuation of the relevant settlement.
iv. Modalities for the assumption of authority over settlements
by Palestine are set forth in Annex X. The IVG shall resolve any
disputes that may arise during its implementation.
v. Israel shall keep intact the immovable property,
infrastructure and facilities in Israeli settlements to be
transferred to Palestinian sovereignty. An agreed inventory
shall be drawn up by the Parties with the IVG in advance of the
completion of the evacuation and in accordance with Annex X.
vi. The state of Palestine shall have
exclusive title to all land and any buildings,
facilities, infrastructure or other property remaining in any of
the settlements on the date prescribed in the
timetable for the completion of the evacuation of this
settlement.
6. Corridor
i. The states of Palestine and Israel
shall establish a corridor linking the West Bank and Gaza Strip.
This corridor shall:
a. Be under Israeli sovereignty.
b. Be permanently open.
c. Be under Palestinian administration in accordance with
Annex X of this Agreement. Palestinian law shall apply to
persons using and procedures appertaining to the corridor.
d. Not disrupt Israeli transportation and other
infrastructural networks, or endanger the environment,
public safety or public health. Where necessary, engineering
solutions will be sought to avoid such disruptions.
e. Allow for the establishment of the necessary
infrastructural facilities linking the West Bank and the
Gaza Strip. Infrastructural facilities shall be understood
to include, inter alia, pipelines, electrical and
communications cables, and associated equipment as detailed
in Annex X.
f. Not be used in contravention of this Agreement.
ii. Defensive barriers shall be
established along the corridor and Palestinians shall not enter
Israel from this corridor, nor shall Israelis enter Palestine
from the corridor.
iii. The Parties shall seek the assistance of the international
community in securing the financing for the corridor.
iv. The IVG shall guarantee the implementation of this Article
in accordance with Annex X.
v. Any disputes arising between the Parties from the operation
of the corridor shall be resolved in accordance with Article 16.
vi. The arrangements set forth in this clause may only be
terminated or revised by agreement of both Parties.
Article 5 - Security
1. General Security Provisions
i. The Parties acknowledge that mutual
understanding and co-operation in security-related matters will
form a significant part of their bilateral relations and will
further enhance regional security. Palestine and Israel shall
base their security relations on cooperation, mutual trust, good
neighborly relations, and the protection of their joint
interests.
ii. Palestine and Israel each shall:
a. Recognize and respect the other's
right to live in peace within secure and
recognized boundaries free from the threat or acts of war,
terrorism and violence;
b. refrain from the threat or use of
force against the territorial integrity or political
independence of the other and shall settle all disputes
between them by peaceful means;
c. refrain from joining, assisting, promoting or
co-operating with any coalition, organization or alliance of
a military or security character, the objectives or
activities of which include launching aggression or other
acts of hostility against the other;
d. refrain from organizing, encouraging, or allowing the
formation of irregular forces or armed bands, including
mercenaries and militias within their respective territory
and prevent their establishment. In this respect, any
existing irregular forces or armed bands shall be disbanded
and prevented from reforming at any future date;
e. refrain from organizing, assisting, allowing, or
participating in acts of violence in or against the other or
acquiescing in activities directed toward the commission of
such acts.
iii. To further security cooperation, the
Parties shall establish a high level Joint Security Committee
that shall meet on at least a monthly basis. The Joint Security
Committee shall have a permanent joint office, and may establish
such sub-committees as it deems necessary, including
sub-committees to immediately resolve localized tensions.
2. Regional Security
i. Israel and Palestine shall work
together with their neighbors and the
international community to build a secure and
stable Middle East, free from weapons of
mass destruction, both conventional and non-conventional,
in the context of a comprehensive, lasting, and stable peace,
characterized by reconciliation, goodwill, and the
renunciation of the use of force.
ii. To this end, the Parties shall work together to establish a
regional security regime.
3. Defense Characteristics of the Palestinian
State
i. No armed forces, other than as
specified in this Agreement, will be deployed or stationed in
Palestine.
ii. Palestine shall be a non-militarized
state, with a strong security force.
Accordingly, the limitations on the weapons that may be
purchased, owned, or used by the Palestinian Security Force
(PSF) or manufactured in Palestine shall be specified in Annex
X. Any proposed changes to Annex X shall be considered by a
trilateral committee composed of the two Parties and the MF. If
no agreement is reached in the trilateral committee, the IVG may
make its own recommendations.
a. No individuals or organizations
in Palestine other than the PSF and the
organs of the IVG, including the MF, may purchase,
possess, carry or use weapons except as provided by law.
iii. The PSF shall:
a. Maintain border control;
b. Maintain law-and-order and perform police functions;
c. Perform intelligence and security functions;
d. Prevent terrorism;
e. Conduct rescue and emergency missions; and
f. Supplement essential community services when necessary.
iv. The MF shall monitor and verify
compliance with this clause.
4. Terrorism
i. The Parties reject and condemn
terrorism and violence in all its forms and shall pursue
public policies accordingly. In addition, the parties
shall refrain from actions and policies that are liable to
nurture extremism and create conditions conducive to terrorism
on either side.
ii. The Parties shall take joint and, in their respective
territories, unilateral comprehensive and continuous efforts
against all aspects of violence and terrorism. These efforts
shall include the prevention and preemption of such acts, and
the prosecution of their perpetrators.
iii. To that end, the Parties shall maintain ongoing
consultation, cooperation, and exchange of information between
their respective security forces.
iv. A Trilateral Security Committee composed of the two
Parties and the United States shall be formed to ensure the
implementation of this Article. The Trilateral Security
Committee shall develop comprehensive policies and guidelines to
fight terrorism and violence.
5. Incitement
i. Without prejudice to freedom of
expression and other internationally recognized human rights,
Israel and Palestine shall promulgate laws to prevent
incitement to irredentism, racism, terrorism and violence and
vigorously enforce them.
ii. The IVG shall assist the Parties in
establishing guidelines for the implementation of this clause,
and shall monitor the Parties' adherence thereto.
6. Multinational Force
i. A Multinational
Force (MF) shall be established to provide security
guarantees to the Parties, act as a deterrent, and oversee the
implementation of the relevant provisions of this Agreement.
ii. The composition, structure and size of the MF are set forth
in Annex X.
iii. To perform the functions specified in this Agreement,
the MF shall be deployed in the state of Palestine. The MF shall
enter into the appropriate Status of Forces Agreement (SOFA)
with the state of Palestine.
iv. In accordance with this Agreement, and as detailed in Annex
X, the MF shall:
a. In light of the non-militarized
nature of the Palestinian state, protect the territorial
integrity of the state of Palestine.
b. Serve as a deterrent against external attacks that could
threaten either of the Parties.
c. Deploy observers to areas adjacent to the lines of the
Israeli withdrawal during the phases of this withdrawal,
in accordance with Annex X.
d. Deploy observers to monitor the territorial and maritime
borders of the state of Palestine, as specified in clause
5/13.
e. Perform the functions on the Palestinian international
border crossings specified in clause 5/12.
f. Perform the functions relating to the early warning
stations as specified in clause 5/8.
g. Perform the functions specified in clause 5/3.
h. Perform the functions specified in clause 5/7.
i. Perform the functions specified in Article 10.
j. Help in the enforcement of anti-terrorism measures.
k. Help in the training of the PSF.
v. In relation to the above, the MF
shall report to and update the IVG in accordance with Annex
X.
vi. The MF shall only be withdrawn or have its mandate changed
by agreement of the Parties.
7. Evacuation
i. Israel shall
withdraw all its military and security personnel and equipment,
including landmines, and all persons employed to support them,
and all military installations from the territory of the state
of Palestine, except as otherwise agreed in Annex X,
in stages.
ii. The staged withdrawals shall
commence immediately upon entry into force of this
Agreement and shall be made in
accordance with the timetable
and modalities set forth in Annex X.
iii. The stages shall be designed subject to the following
principles:
A. The need to create immediate
clear contiguity and facilitate the early implementation
of Palestinian development plans.
B. Israel's capacity to relocate, house and absorb
settlers. While costs and
inconveniences are inherent in such a process, these shall
not be unduly disruptive.
C. The need to construct and operationalize the border
between the two states.
D. The introduction and effective functioning of the MF, in
particular on the eastern border of the state of Palestine.
iv. Accordingly, the withdrawal shall be
implemented in the following stages:
A. The first stage shall include
the areas of the state of Palestine, as defined in Map X,
and shall be completed within 9 months.
B. The second and third stages shall include
the remainder of the territory of the state of Palestine and
shall be completed within 21 months of the
end of the first stage.
v. Israel shall complete its withdrawal
from the territory of the state of Palestine
within 30 months of the entry into force of this Agreement,
and in accordance with this Agreement.
vi. Israel will maintain a small military presence in the
Jordan Valley under the authority
of the MF and subject to the MF SOFA as detailed in Annex X
for an additional 36 months. The
stipulated period may be reviewed by the Parties in the event of
relevant regional developments, and may be
altered by the Parties' consent.
vii. In accordance with Annex X, the MF
shall monitor and verify compliance with this clause.
8. Early Warning Stations
i. Israel may maintain two EWS in the
northern, and central West Bank at the locations set forth in
Annex X.
ii. The EWS shall be staffed by the minimal required number of
Israeli personnel and shall occupy the minimal amount of land
necessary for their operation as set forth in Annex X.
iii. Access to the EWS will be guaranteed and escorted by the
MF.
iv. Internal security of the EWS shall be the responsibility
of Israel. The perimeter security of the EWS shall be the
responsibility of the MF.
v. The MF and the PSF shall maintain a liaison presence in the
EWS. The MF shall monitor and verify that the EWS is being used
for purposes recognized by this Agreement as detailed in Annex
X.
vi. The arrangements set forth in this Article shall be
subject to review in ten years, with any changes to be
mutually agreed. Thereafter, there will be five-yearly reviews
whereby the arrangements set forth in this Article may be
extended by mutual consent.
vii. If at any point during the period
specified above a regional security regime is established,
then the IVG may request that the Parties review whether to
continue or revise operational uses for the EWS in light of
these developments. Any such change will require the mutual
consent of the Parties.
9. Airspace
i. Civil Aviation
a. The Parties recognize as applicable
to each other the rights, privileges and obligations
provided for by the multilateral aviation agreements to
which they are both party, particularly by the 1944
Convention on International Civil Aviation (The Chicago
Convention) and the 1944 International Air Services Transit
Agreement.
b. In addition, the Parties shall, upon entry into force of
this Agreement, establish a trilateral committee composed of
the two Parties and the IVG to design the most efficient
management system for civil aviation, including those
relevant aspects of the air traffic control system. In the
absence of consensus the IVG may make its own
recommendations.
ii. Training
a. The Israeli Air Force shall be
entitled to use the Palestinian sovereign airspace for
training purposes in accordance with Annex X, which shall be
based on rules pertaining to IAF use of Israeli airspace.
b. The IVG shall monitor and verify compliance with this
clause. Either Party may submit a complaint to the IVG whose
decision shall be conclusive.
c. The arrangements set forth in this clause shall be
subject to review every ten years, and may be altered or
terminated by the agreement of both Parties.
10. Electromagnetic Sphere
i. Neither Party's use of the
electromagnetic sphere may interfere with the other Party's use.
ii. Annex X shall detail arrangements relating to the use of the
electromagnetic sphere.
iii. The IVG shall monitor and verify the implementation of this
clause and Annex X.
iv. Any Party may submit a complaint to the IVG whose decision
shall be conclusive.
11. Law Enforcement
The Israeli and Palestinian law enforcement
agencies shall cooperate in combating illicit drug trafficking,
illegal trafficking in archaeological artifacts and objects of arts,
cross-border crime, including theft and fraud, organized crime,
trafficking in women and minors, counterfeiting, pirate TV and radio
stations, and other illegal activity.
12. International Border Crossings
i. The following arrangements shall apply
to borders crossing between the state of Palestine and Jordan,
the state of Palestine and Egypt, as well as airport and seaport
entry points to the state of Palestine.
ii. All border crossings shall be monitored by joint teams
composed of members of the PSF and the MF. These teams shall
prevent the entry into Palestine of any weapons, materials or
equipment that are in contravention of the provisions of this
Agreement.
iii. The MF representatives and the PSF will have, jointly and
separately, the authority to block the entry into Palestine of
any such items. If at any time a disagreement regarding the
entrance of goods or materials arises between the PSF and the
MF representatives, the PSF may bring the matter to the IVG,
whose binding conclusions shall be rendered within 24
hours.
iv. This arrangement shall be reviewed by the IVG after 5
years to determine its continuation, modification or
termination. Thereafter, the Palestinian party may request
such a review on an annual basis.
v. In passenger terminals, for thirty months, Israel may
maintain an unseen presence in a designated on-site facility,
to be staffed by members of the MF and Israelis, utilizing
appropriate technology. The Israeli side may request that the
MF-PSF conduct further inspections and take appropriate action.
vi. For the following two years, these arrangements will
continue in a specially designated facility in Israel,
utilizing appropriate technology. This
shall not cause delays beyond the procedures outlined in this
clause.
vii. In cargo terminals, for thirty months,
Israel may maintain an unseen presence in a designated on-site
facility, to be staffed by members of the MF and Israelis,
utilizing appropriate technology. The Israeli side may request
that the MF-PSF conduct further inspections and take appropriate
action. If the Israeli side is not satisfied by the MF-PSF
action, it may demand that the cargo be detained pending a
decision by an MF inspector. The MF inspector's decision shall
be binding and final, and shall be rendered within 12 hours of
the Israeli complaint.
viii. For the following three years,
these arrangements will continue from a specially designated
facility in Israel, utilizing appropriate
technology. This shall not cause delays beyond the
timelines outlined in this clause.
ix. A high level trilateral committee composed of
representatives of Palestine, Israel, and the IVG shall meet
regularly to monitor the application of these procedures and
correct any irregularities, and may be convened on request.
x. The details of the above are set forth in Annex X.
13. Border Control
i. The PSF shall maintain border control
as detailed in Annex X.
ii. The MF shall monitor and verify the maintenance of border
control by the PSF.
Article 6 - Jerusalem
1. Religious and Cultural Significance:
i. The Parties recognize the universal
historic, religious, spiritual, and cultural significance of
Jerusalem and its holiness enshrined in Judaism, Christianity,
and Islam. In recognition of this status, the Parties reaffirm
their commitment to safeguard the character, holiness, and
freedom of worship in the city and to respect the existing
division of administrative functions and traditional practices
between different denominations.
ii. The Parties shall establish an
inter-faith body consisting of representatives of the three
monotheistic faiths, to act as a
consultative body to the Parties on matters related
to the city's religious significance and to promote
inter-religious understanding and dialogue. The
composition, procedures, and modalities for this body are set
forth in Annex X.
2. Capital of Two States
The Parties shall have their
mutually recognized capitals in the
areas of Jerusalem under their respective sovereignty.
3. Sovereignty
Sovereignty in Jerusalem shall be in
accordance with attached Map 2. This shall not prejudice nor be
prejudiced by the arrangements set forth below.
4. Border Regime:
The border regime shall be designed according
to the provisions of Article 11, and taking into account the
specific needs of Jerusalem (e.g., movement of tourists and
intensity of border crossing use including provisions for
Jerusalemites) and the provisions of this Article.
5. al-Haram al-Sharif/ Temple Mount
(Compound)
i. International Group
a. An International Group, composed of
the IVG and other parties to be agreed upon by the Parties,
including members of the Organization of the Islamic
Conference (OIC), shall hereby be established to monitor,
verify, and assist in the implementation of this clause.
b. For this purpose, the International Group shall
establish a Multinational Presence on the Compound, the
composition, structure, mandate and functions of which are
set forth in Annex X.
c. The Multinational Presence shall
have specialized detachments dealing with security and
conservation. The Multinational Presence shall make periodic
conservation and security reports to the International
Group. These reports shall be made public.
d. The Multinational Presence shall strive to immediately
resolve any problems arising and may refer any unresolved
disputes to the International Group that will function in
accordance with Article 16.
e. The Parties may at any time request
clarifications or submit complaints to the International
Group which shall be promptly investigated and acted upon.
f. The International Group shall draw up rules and
regulations to maintain security on and conservation of the
Compound. These shall include lists of the weapons and
equipment permitted on the site.
ii. Regulations Regarding the Compound
a. In view of the sanctity of the
Compound, and in light of the unique religious and cultural
significance of the site to the Jewish people,
there shall be no digging, excavation, or
construction on the Compound, unless approved by the
two Parties. Procedures for regular maintenance and
emergency repairs on the Compound shall be established by
the IG after consultation with the Parties.
b. The state of Palestine shall be responsible for
maintaining the security of the Compound and for ensuring
that it will not be used for any hostile acts against
Israelis or Israeli areas. The only arms permitted on the
Compound shall be those carried by the Palestinian security
personnel and the security detachment of the Multinational
Presence.
c. In light of the universal significance of the
Compound, and subject to security considerations and to the
need not to disrupt religious worship or decorum on the site
as determined by the Waqf, visitors shall be allowed access
to the site. This shall be without any discrimination and
generally be in accordance with past practice.
iii. Transfer of Authority
a. At the end of the withdrawal
period stipulated in Article 5/7, the state of Palestine
shall assert sovereignty over the Compound.
b. The International Group and its subsidiary organs shall
continue to exist and fulfill all the functions stipulated
in this Article unless otherwise agreed by the two Parties.
6. The Wailing Wall
The Wailing Wall shall be under Israeli
sovereignty.
7. The Old City:
i. Significance of the Old City
a. The Parties view the Old City
as one whole enjoying a unique character. The Parties agree that
the preservation of this unique character together with safeguarding
and promoting the welfare of the inhabitants should guide the
administration of the Old City.
b. The Parties shall act in accordance
with the UNESCO World Cultural Heritage List regulations, in
which the Old City is a registered site.
ii. IVG Role in the Old City
a. Cultural Heritage
1. The IVG shall monitor and verify
the preservation of cultural heritage in the Old City in
accordance with the UNESCO World Cultural Heritage List
rules. For this purpose, the IVG shall have free and
unimpeded access to sites, documents, and information
related to the performance of this function.
2. The IVG shall work in close
coordination with the Old City Committee of the Jerusalem
Coordination and Development Committee (JCDC), including in
devising a restoration and preservation plan for the Old
City.
b. Policing
1. The IVG shall establish an Old City
Policing Unit (PU) to liaise with, coordinate between, and
assist the Palestinian and Israeli police forces in the Old
City, to defuse localized tensions and help resolve
disputes, and to perform policing duties in locations
specified in and according to operational procedures
detailed in Annex X.
2. The PU shall periodically report to
the IVG.
c. Either Party may submit complaints in
relation to this clause to the IVG, which shall promptly act
upon them in accordance with Article 16.
iii. Free Movement within the Old City
Movement within the Old City shall be free and
unimpeded subject to the provisions of this article and rules and
regulations pertaining to the various holy sites.
iv. Entry into and Exit from the Old City
a. Entry and exit points into and from the
Old City will be staffed by the authorities of the state under
whose sovereignty the point falls, with the presence of PU
members, unless otherwise specified.
b. With a view to facilitating movement
into the Old City, each Party shall take such measures at the
entry points in its territory as to ensure the preservation of
security in the Old City. The PU shall monitor the operation of
the entry points.
c. Citizens of either Party may not exit
the Old City into the territory of the other Party unless they
are in possession of the relevant documentation that entitles
them to. Tourists may only exit the Old City into the territory
of the Party which they posses valid authorization to enter.
v. Suspension, Termination, and Expansion
a. Either Party may suspend the
arrangements set forth in Article 6.7.iii in cases of emergency
for one week. The extension of such suspension for longer than a
week shall be pursuant to consultation with the other Party and
the IVG at the Trilateral Committee established in Article 3/3.
b. This clause shall not apply to the
arrangements set forth in Article 6/7/vi.
c. Three years after the transfer of
authority over the Old City, the Parties shall review these
arrangements. These arrangements may only be terminated by
agreement of the Parties.
d. The Parties shall examine the
possibility of expanding these arrangements beyond the Old City
and may agree to such an expansion.
vi. Special Arrangements
a. Along the way outlined in Map X (from
the Jaffa Gate to the Zion Gate) there will be permanent and
guaranteed arrangements for Israelis regarding access, freedom
of movement, and security, as set forth in Annex X.
1. The IVG shall be responsible for
the implementation of these arrangements.
b. Without prejudice to Palestinian
sovereignty, Israeli administration of the Citadel will be as
outlined in Annex X.
vii. Color-Coding of the Old City
A visible color-coding scheme shall be used in
the Old City to denote the sovereign areas of the respective
Parties.
viii. Policing
a. An agreed number of Israeli police
shall constitute the Israeli Old City police detachment and
shall exercise responsibility for maintaining order and
day-to-day policing functions in the area under Israeli
sovereignty.
b. An agreed number of Palestinian police
shall constitute the Palestinian Old City police detachment and
shall exercise responsibility for maintaining order and
day-to-day policing functions in the area under Palestinian
sovereignty.
c. All members of the respective Israeli
and Palestinian Old City police detachments shall undergo
special training, including joint training exercises, to be
administered by the PU.
d. A special Joint Situation Room, under
the direction of the PU and incorporating members of the Israeli
and Palestinian Old City police detachments, shall facilitate
liaison on all relevant matters of policing and security in the
Old City.
ix. Arms
No person shall be allowed to carry or possess
arms in the Old City, with the exception of the Police Forces
provided for in this agreement. In addition, each Party may grant
special written permission to carry or possess arms in areas under
its sovereignty.
x. Intelligence and Security
a. The Parties shall establish intensive
intelligence cooperation regarding the Old City, including the
immediate sharing of threat information.
b. A trilateral committee composed of the
two Parties and representatives of the United States shall be
established to facilitate this cooperation.
8. Mount of Olives Cemetery:
i. The area outlined in Map X (the Jewish
Cemetery on the Mount of Olives) shall be under Israeli
administration; Israeli law shall apply to persons using and
procedures appertaining to this area in accordance with Annex X.
a. There shall be a designated road to
provide free, unlimited, and unimpeded access to the Cemetery.
b. The IVG shall monitor the
implementation of this clause.
c. This arrangement may only be terminated
by the agreement of both Parties.
9. Special Cemetery Arrangements
Arrangements shall be established in the two
cemeteries designated in Map X (Mount Zion Cemetery and the German
Colony Cemetery), to facilitate and ensure the continuation of the
current burial and visitation practices, including the facilitation
of access.
10. The Western Wall Tunnel
i. The Western Wall Tunnel designated in Map X
shall be under Israeli administration, including:
a. Unrestricted Israeli access and right
to worship and conduct religious practices.
b. Responsibility for the preservation and
maintenance of the site in accordance with this Agreement and
without damaging structures above, under IVG supervision.
c. Israeli policing.
d. IVG monitoring
e. The Northern Exit of the Tunnel shall
only be used for exit and may only be closed in case of
emergency as stipulated in Article 6/7.
ii. This arrangement may only be
terminated by the agreement of both Parties.
11. Municipal Coordination
i. The two Jerusalem municipalities
shall form a Jerusalem Co-ordination and Development Committee
(“JCDC”) to oversee the cooperation and coordination between the
Palestinian Jerusalem municipality and the Israeli Jerusalem
municipality. The JCDC and its sub-committees shall be composed of
an equal number of representatives from Palestine and Israel. Each
side will appoint members of the JCDC and its subcommittees in
accordance with its own modalities.
ii. The JCDC shall ensure that the
coordination of infrastructure and services best serves the
residents of Jerusalem, and shall promote the economic development
of the city to the benefit of all. The JCDC will act to encourage
cross-community dialogue and reconciliation.
iii. The JCDC shall have the
following subcommittees:
a. A Planning and Zoning
Committee: to ensure agreed planning and zoning regulations in
areas designated in Annex X.
b. A Hydro Infrastructure
Committee: to handle matters relating to drinking water
delivery, drainage, and wastewater collection and treatment.
c. A Transport Committee: to
coordinate relevant connectedness and compatibility of the two
road systems and other issues pertaining to transport.
d. An Environmental Committee:
to deal with environmental issues affecting the quality of life
in the city, including solid waste management.
e. An Economic and Development
Committee: to formulate plans for economic development in areas
of joint interest, including in the areas of transportation,
seam line commercial cooperation, and tourism,
f. A Police and Emergency
Services Committee: to coordinate measures for the maintenance
of public order and crime prevention and the provision of
emergency services;
g. An Old City Committee: to
plan and closely coordinate the joint provision of the relevant
municipal services, and other functions stipulated in Article
6/7.
h. Other Committees as agreed in
the JCDC.
12. Israeli Residency of Palestinian
Jerusalemites
Palestinian Jerusalemites who currently
are permanent residents of Israel shall lose this status upon the
transfer of authority to Palestine of those areas in which they reside.
13. Transfer of authority
The Parties will apply in certain
socio-economic spheres interim measures to ensure the agreed,
expeditious, and orderly transfer of powers and obligations from Israel
to Palestine. This shall be done in a manner that preserves the
accumulated socio-economic rights of the residents of East Jerusalem.
Article 7 - Refugees
1. Significance of the Refugee Problem
i. The Parties recognize that, in the context
of two independent states, Palestine and Israel, living side by side
in peace, an agreed resolution of the refugee problem is necessary
for achieving a just, comprehensive and lasting peace between them.
ii. Such a resolution will also be central to
stability building and development in the region.
2. UNGAR 194, UNSC Resolution 242, and the Arab
Peace Initiative
i. The Parties recognize that UNGAR 194, UNSC
Resolution 242, and the Arab Peace Initiative (Article 2.ii.)
concerning the rights of the Palestinian refugees represent the
basis for resolving the refugee issue, and agree that these rights
are fulfilled according to Article 7 of this Agreement.
3. Compensation
i. Refugees shall be entitled to compensation
for their refugeehood and for loss of property. This shall not
prejudice or be prejudiced by the refugee's permanent place of
residence.
ii. The Parties recognize the right of states
that have hosted Palestinian refugees to remuneration.
4. Choice of Permanent Place of Residence (PPR)
The solution to the PPR aspect of the refugee
problem shall entail an act of informed choice on the part of the
refugee to be exercised in accordance with the options and modalities
set forth in this agreement. PPR options from which the refugees may
choose shall be as follows;
i. The state of Palestine, in accordance with
clause a below.
ii. Areas in Israel being transferred to
Palestine in the land swap, following assumption of Palestinian
sovereignty, in accordance with clause a below.
iii. Third Countries, in accordance with
clause b below.
iv. The state of Israel, in accordance with
clause c below.
v. Present Host countries, in accordance with
clause d below.
a. PPR options i and ii shall be the right
of all Palestinian refugees and shall be in accordance with the
laws of the State of Palestine.
b. Option iii shall be at the sovereign
discretion of third countries and shall be in accordance with
numbers that each third country will submit to the International
Commission. These numbers shall represent the total number of
Palestinian refugees that each third country shall accept.
c. Option iv shall be at the sovereign
discretion of Israel and will be in accordance with a number
that Israel will submit to the International Commission. This
number shall represent the total number of Palestinian refugees
that Israel shall accept. As a basis, Israel will consider the
average of the total numbers submitted by the different third
countries to the International Commission.
d.
Option v shall be in accordance with the sovereign discretion of
present host countries. Where exercised this shall be in the
context of prompt and extensive development and rehabilitation
programs for the refugee communities
Priority in all the above shall be accorded
to the Palestinian refugee population in Lebanon.
5. Free and Informed Choice
The process by which Palestinian refugees shall
express their PPR choice shall be on the basis of a free and informed
decision. The Parties themselves are committed and will encourage third
parties to facilitate the refugees' free choice in expressing their
preferences, and to countering any attempts at interference or organized
pressure on the process of choice. This will not prejudice the
recognition of Palestine as the realization of Palestinian
self-determination and statehood.
6. End of Refugee Status
Palestinian refugee status shall be terminated
upon the realization of an individual refugee's permanent place of
residence (PPR) as determined by the International Commission.
7. End of Claims
This agreement provides for the permanent and
complete resolution of the Palestinian refugee problem. No claims may be
raised except for those related to the implementation of this agreement.
8. International Role
The Parties call upon the international community to participate fully
in the comprehensive resolution of the refugee problem in accordance
with this Agreement, including, inter alia, the establishment of an
International Commission and an International Fund.
9.
Property Compensation
i. Refugees shall be compensated for the loss
of property resulting from their displacement.
ii. The aggregate sum of property compensation
shall be calculated as follows:
a. The Parties shall request the
International Commission to appoint a Panel of Experts to
estimate the value of Palestinians' property at the time of
displacement.
b. The Panel of Experts shall base its
assessment on the UNCCP records, the records of the Custodian
for Absentee Property, and any other records it deems relevant.
The Parties shall make these records available to the Panel.
c. The Parties shall appoint experts to
advise and assist the Panel in its work.
d. Within 6 months, the Panel shall submit
its estimates to the Parties.
e. The Parties shall agree on an economic
multiplier, to be applied to the estimates, to reach a fair
aggregate value of the property.
iii. The aggregate value agreed to by the
Parties shall constitute the Israeli “lump sum” contribution to the
International Fund. No other financial claims arising from the
Palestinian refugee problem may be raised against Israel.
iv. Israel's contribution shall be made in
installments in accordance with Schedule X.
v. The value of the Israeli fixed assets that
shall remain intact in former settlements and transferred to the
state of Palestine will be deducted from Israel's contribution to
the International Fund. An estimation of this value shall be made by
the International Fund, taking into account assessment of damage
caused by the settlements.
10. Compensation for Refugeehood
i. A “Refugeehood Fund” shall be established
in recognition of each individual's refugeehood. The Fund, to which
Israel shall be a contributing party, shall be overseen by the
International Commission. The structure and financing of the Fund is
set forth in Annex X.
ii. Funds will be disbursed to refugee
communities in the former areas of UNRWA operation, and will be at
their disposal for communal development and commemoration of the
refugee experience. Appropriate mechanisms will be devised by the
International Commission whereby the beneficiary refugee communities
are empowered to determine and administer the use of this Fund.
11. The International Commission (Commission)
i. Mandate and Composition
a. An International Commission shall be
established and shall have full and exclusive responsibility for
implementing all aspects of this Agreement pertaining to
refugees.
b.In addition to themselves, the Parties
call upon the United Nations, the United States, UNRWA, the Arab
host countries, the EU, Switzerland, Canada, Norway, Japan, the
World Bank, the Russian Federation, and others to be the members
of the Commission.
c. The Commission shall:
1. Oversee and manage the process
whereby the status and PPR of Palestinian refugees is
determined and realized.
2. Oversee and manage, in close
cooperation with the host states, the rehabilitation and
development programs.
3. Raise and disburse funds as
appropriate.
d. The Parties shall make available to the
Commission all relevant documentary records and archival
materials in their possession that it deems necessary for the
functioning of the Commission and its organs. The Commission may
request such materials from all other relevant parties and
bodies, including, inter alia, UNCCP and UNRWA.
ii. Structure
a. The Commission shall be governed by an
Executive Board (Board) composed of representatives of its
members.
b. The Board shall be the highest
authority in the Commission and shall make the relevant policy
decisions in accordance with this Agreement.
c. The Board shall draw up the procedures
governing the work of the Commission in accordance with this
Agreement.
d. The Board shall oversee the conduct of
the various Committees of the Commission. The said Committees
shall periodically report to the Board in accordance with
procedures set forth thereby.
e. The Board shall create a Secretariat
and appoint a Chair thereof. The Chair and the Secretariat shall
conduct the day-to-day operation of the Commission.
iii. Specific Committees
a. The Commission shall establish the
Technical Committees specified below.
b. Unless otherwise specified in this
Agreement, the Board shall determine the structure and
procedures of the Committees.
c. The Parties may make submissions to the
Committees as deemed necessary.
d. The Committees shall establish
mechanisms for resolution of disputes arising from the
interpretation or implementation of the provisions of this
Agreement relating to refugees.
e. The Committees shall function in
accordance with this Agreement, and shall render binding
decisions accordingly.
f. Refugees shall have the right to appeal
decisions affecting them according to mechanisms established by
this Agreement and detailed in Annex X.
iv. Status-determination Committee :
a. The Status-determination Committee
shall be responsible for verifying refugee status.
b. UNRWA registration shall be considered
as rebuttable presumption (prima facie proof) of refugee status.
v. Compensation Committee :
a. The Compensation Committee shall be
responsible for administering the implementation of the
compensation provisions.
b. The Committee shall disburse
compensation for individual property pursuant to the following
modalities:
1. Either a fixed per capita award for
property claims below a specified value. This will require
the claimant to only prove title, and shall be processed
according to a fast-track procedure, or
2. A claims-based award for property
claims exceeding a specified value for immovables and other
assets. This will require the claimant to prove both title
and the value of the losses.
c. Annex X shall elaborate the details of
the above including, but not limited to, evidentiary issues and
the use of UNCCP, “Custodian for Absentees' Property”, and UNRWA
records, along with any other relevant records.
vi. Host State Remuneration Committee:
There shall be remuneration for host states.
vii. Permanent Place of Residence Committee
(PPR Committee):
The PPR Committee shall,
a. Develop with all the relevant parties
detailed programs regarding the implementation of the PPR
options pursuant to Article 7/4 above.
b. Assist the applicants in making an
informed choice regarding PPR options.
c. Receive applications from refugees
regarding PPR. The applicants must indicate a number of
preferences in accordance with article 7/4 above. The
applications shall be received no later than two years after the
start of the International Commission's operations. Refugees who
do not submit such applications within the two-year period shall
lose their refugee status.
d. Determine, in accordance with
sub-Article (a) above, the PPR of the applicants, taking into
account individual preferences and maintenance of family unity.
Applicants who do not avail themselves of the Committee's PPR
determination shall lose their refugee status.
e. Provide the applicants with the
appropriate technical and legal assistance.
f. The PPR of Palestinian refugees shall
be realized within 5 years of the start of the International
Commission's operations.
viii. Refugeehood Fund Committee
The Refugeehood Fund Committee shall implement Article 7/10 as
detailed in Annex X.
ix. Rehabilitation and Development Committee
In accordance with the aims of this Agreement
and noting the above PPR programs, the Rehabilitation and
Development Committee shall work closely with Palestine, Host
Countries and other relevant third countries and parties in pursuing
the goal of refugee rehabilitation and community development. This
shall include devising programs and plans to provide the former
refugees with opportunities for personal and communal development,
housing, education, healthcare, re-training and other needs. This
shall be integrated in the general development plans for the region.
12. The International Fund
i. An International Fund (the Fund) shall be
established to receive contributions outlined in this Article and
additional contributions from the international community. The Fund
shall disburse monies to the Commission to enable it to carry out
its functions. The Fund shall audit the Commission's work.
ii. The structure, composition and operation
of the Fund are set forth in Annex X.
13. UNRWA
i. UNRWA should be phased out in each country
in which it operates, based on the end of refugee status in that
country.
ii. UNRWA should cease to exist five years
after the start of the Commission's operations. The Commission shall
draw up a plan for the phasing out of UNRWA and shall facilitate the
transfer of UNRWA functions to host states.
14. Reconciliation Programs
i. The Parties will encourage and promote the
development of cooperation between their relevant institutions and
civil societies in creating forums for exchanging historical
narratives and enhancing mutual understanding regarding the past.
ii. The Parties shall encourage and facilitate
exchanges in order to disseminate a richer appreciation of these
respective narratives, in the fields of formal and informal
education, by providing conditions for direct contacts between
schools, educational institutions and civil society.
iii. The Parties may consider cross-community
cultural programs in order to promote the goals of conciliation in
relation to their respective histories.
iv. These programs may include developing
appropriate ways of commemorating those villages and communities
that existed prior to 1949.
Article 8 - Israeli-Palestinian
Cooperation Committee (IPCC)
1. The Parties shall establish an
Israeli-Palestinian Cooperation Committee immediately upon the entry
into force of this agreement. The IPCC shall be a ministerial-level
body with ministerial-level Co-Chairs.
2. The IPCC shall develop and assist in the
implementation of policies for cooperation in areas of common
interest including, but not limited to, infrastructure needs,
sustainable development and environmental issues, cross-border
municipal cooperation, border area industrial parks, exchange
programs, human resource development, sports and youth, science,
agriculture and culture.
3. The IPCC shall strive to broaden the
spheres and scope of cooperation between the Parties.
Article 9 - Designated Road Use
Arrangements:
1.The following arrangements for Israeli
civilian use will apply to the designated roads in Palestine as
detailed in Map X (Road 443, Jerusalem to Tiberias via Jordan
Valley, and Jerusalem -Ein Gedi).
2.These arrangements shall not prejudice
Palestinian jurisdiction over these roads, including PSF patrols.
3.The procedures for designated road use
arrangements will be further detailed in Annex X.
4. Israelis may be granted permits for use of
designated roads. Proof of authorization may be presented at entry
points to the designated roads. The sides will review options for
establishing a road use system based on smart card technology.
5. The designated roads will be patrolled by
the MF at all times. The MF will establish with the states of Israel
and Palestine agreed arrangements for cooperation in emergency
medical evacuation of Israelis.
6. In the event of any incidents involving
Israeli citizens and requiring criminal or legal proceedings, there
will be full cooperation between the Israeli and Palestinian
authorities according to arrangements to be agreed upon as part of
the legal cooperation between the two states. The Parties may call
on the IVG to assist in this respect.
7. Israelis shall not use the designated roads
as a means of entering Palestine without the relevant documentation
and authorization.
8. In the event of regional peace,
arrangements for Palestinian civilian use of designated roads in
Israel shall be agreed and come into effect.
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