The following is the text of the Geneva
Accord printed in the Israeli
daily Haaretz:
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:
Articles 1-4
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
(a) 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.
(b)
The IVG shall include the U.S. , the Russian Federation , the EU, the
UN, and other parties, both regional and international, to be agreed on
by the Parties.
(c) 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.
(d) The structure, procedures, and modalities of the IVG
are set forth below and detailed in Annex X.
2. Structure
(a) A senior political-level contact group (Contact Group), composed of
all the IVG members, shall be the highest authority in the IVG.
(b)
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.
(c) The IVG permanent headquarters and secretariat shall
be based in an agreed upon location in Jerusalem .
(d)
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.
(e)
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.
(f) 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:
(a) Take appropriate measures based on the reports it receives from the
MF,
(b) 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
(a) 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.
(b)
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
(a) 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.
(b) The Parties recognize each other's rights in their
exclusive economic zones in accordance with international law.
3. Israeli Withdrawal
(a) Israel shall withdraw in accordance with Article 5.
(b) Palestine shall assume responsibility for the areas
from which Israel withdraws.
(c) The transfer of authority from Israel to Palestine
shall be in accordance with Annex X.
(d) The IVG shall monitor, verify, and facilitate the
implementation of this Article.
4. Demarcation
(a) 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.
(b) Any disagreement in the Commission shall be referred
to the IVG in accordance with Annex X.
(c)
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
(a) The state of Israel shall be responsible for resettling the
Israelis residing in Palestinian sovereign territory outside this
territory.
(b) The resettlement shall be completed according to the
schedule stipulated in Article 5.
(c)
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.
(d)
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.
(e) 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.
(f) 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
(a) The states of Palestine and Israel shall establish a corridor
linking the West Bank and Gaza Strip. This corridor shall:
i. Be under Israeli sovereignty.
ii. Be permanently open.
iii. 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.
iv. 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.
v. 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.
vi. Not be used in contravention of this Agreement.
(b)
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.
(c) The Parties shall seek the assistance of the
international community in securing the financing for the corridor.
(d) The IVG shall guarantee the implementation of this
Article in accordance with Annex X.
(e)
Any disputes arising between the Parties from the operation of the
corridor shall be resolved in accordance with Article 16.
(f) 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
(a) 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.
(b) Palestine and Israel each shall:
i. 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;
ii. 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;
iii. 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;
iv. 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;
v. 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.
(c)
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
(a) No armed forces, other than as specified in this Agreement, will be
deployed or stationed in Palestine .
(b)
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.
i. 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.
(c) The PSF shall:
i. Maintain border control;
ii. Maintain law-and-order and perform police functions;
iii. Perform intelligence and security functions;
iv. Prevent terrorism;
v. Conduct rescue and emergency missions; and
vi. Supplement essential community services when necessary.
(d) The MF shall monitor and verify compliance with this
clause.
4. Terrorism
(a) 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.
(b)
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.
(c)
To that end, the Parties shall maintain ongoing consultation,
cooperation, and exchange of information between their respective
security forces.
(d) 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
(a)
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.
(b)
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
(a) 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.
(b) The composition, structure and size of the MF are
set forth in Annex X.
(c)
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 .
(d) In accordance with this Agreement, and as detailed
in Annex X, the MF shall:
i. In light of the non-militarized nature of the Palestinian state,
protect the territorial integrity of the state of Palestine .
ii. Serve as a deterrent against external attacks that
could threaten either of the Parties.
iii.
Deploy observers to areas adjacent to the lines of the Israeli
withdrawal during the phases of this withdrawal, in accordance with
Annex X.
iv. Deploy observers to monitor the territorial and
maritime borders of the state of Palestine , as specified in clause
5/13.
v. Perform the functions on the Palestinian
international border crossings specified in clause 5/12.
vi. Perform the functions relating to the early warning
stations as specified in clause 5/8.
vii. Perform the functions specified in clause 5/3.
viii. Perform the functions specified in clause 5/7.
ix. Perform the functions specified in Article 10.
x. Help in the enforcement of anti-terrorism measures.
xi. Help in the training of the PSF.
(e) In relation to the above, the MF shall report to and
update the IVG in accordance with Annex X.
(f) The MF shall only be withdrawn or have its mandate
changed by agreement of the Parties.
7. Evacuation
(a) 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.
(b)
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.
(c) The stages shall be designed subject to the
following principles:
i. The need to create immediate clear contiguity and facilitate the
early implementation of Palestinian development plans.
ii.
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.
iii. The need to construct and operationalize the border
between the two states.
iv. The introduction and effective functioning of the
MF, in particular on the eastern border of the state of Palestine .
(d) Accordingly, the withdrawal shall be implemented in
the following stages:
i. The first stage shall include the areas of the state of Palestine ,
as defined in Map X, and shall be completed within 9 months.
ii.
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.
(e) 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.
(f) 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.
(g) In accordance with Annex X, the MF shall monitor and
verify compliance with this clause.
8. Early Warning Stations
(a) Israel may maintain two EWS in the northern, and central West Bank
at the locations set forth in Annex X.
(b)
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.
(c) Access to the EWS will be guaranteed and escorted by
the MF.
(d)
Internal security of the EWS shall be the responsibility of Israel .
The perimeter security of the EWS shall be the responsibility of the
MF.
(e) 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.
(f) 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.
(g) 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
(a) Civil Aviation
i. 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.
ii.
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.
(b) Training
i. 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.
ii.
The IVG shall monitor and verify compliance with this clause. Either
Party may submit a complaint to the IVG whose decision shall be
conclusive.
iii. 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
(a) Neither Party's use of the electromagnetic sphere may interfere
with the other Party's use.
(b) Annex X shall detail arrangements relating to the
use of the electromagnetic sphere.
(c) The IVG shall monitor and verify the implementation
of this clause and Annex X.
(d) 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
(a) 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 .
(b)
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.
(c)
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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h)
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.
(i) 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.
(j) The details of the above are set forth in Annex X.
13. Border Control
(a) The PSF shall maintain border control as detailed in Annex X.
(b) The MF shall monitor and verify the maintenance of
border control by the PSF.
Article 6 - Jerusalem
1. Religious and Cultural Significance:
(a) 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.
(b)
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)
(a) International Group
i. 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.
ii.
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.
iii.
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.
iv. 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.
v.
The Parties may at any time request clarifications or submit complaints
to the International Group which shall be promptly investigated and
acted upon.
vi. 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.
(b) Regulations Regarding the Compound
i. 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.
ii.
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.
iii. 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.
(c) Transfer of Authority
i. At the end
of the withdrawal period stipulated in Article 5/7, the state of
Palestine shall assert sovereignty over the Compound.
ii.
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
(a) Significance of the Old City
i. 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 .
ii.
The Parties shall act in accordance with the UNESCO World Cultural
Heritage List regulations, in which the Old City is a registered site.
(b) IVG Role in the Old City
i. 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 .
ii. 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.
iii.
Either Party may submit complaints in relation to this clause to the
IVG, which shall promptly act upon them in accordance with Article 16.
(c) 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.
(d) Entry into and Exit from the Old City
i. 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.
ii.
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.
iii.
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.
(e) Suspension, Termination, and Expansion
i. 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.
ii. This clause shall not apply to the arrangements set
forth in Article 6/7/vi.
iii.
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.
iv. The Parties
shall examine the possibility of expanding these arrangements beyond
the Old City and may agree to such an expansion.
(f) Special Arrangements
i. 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.
ii. Without prejudice to Palestinian sovereignty,
Israeli administration of the Citadel will be as outlined in Annex X.
(g) 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.
(h) Policing
i. 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.
ii.
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.
iii. 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.
iv. 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 .
(i) 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.
(j) Intelligence and Security
i. The Parties shall establish intensive intelligence cooperation
regarding the Old City , including the immediate sharing of threat
information.
ii.
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
(a) 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.
i. There shall be a designated road to provide free, unlimited, and
unimpeded access to the Cemetery.
ii. The IVG shall monitor the implementation of this
clause.
iii. 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
(a) The Western Wall Tunnel designated in Map X shall be under Israeli
administration, including:
i. Unrestricted Israeli access and right to worship and conduct
religious practices.
ii. Responsibility for the preservation and maintenance of the site in
accordance with this Agreement and without damaging structures above,
under IVG supervision.
iii. Israeli policing.
iv. IVG monitoring
v. 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.
(b) This arrangement may only be terminated by the
agreement of both Parties.
11. Municipal Coordination
(a) 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.
(b)
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.
(c) The JCDC shall have the following subcommittees:
i. A Planning and Zoning Committee: to ensure agreed planning and
zoning regulations in areas designated in Annex X.
ii.
A Hydro Infrastructure Committee: to handle matters relating to
drinking water delivery, drainage, and wastewater collection and
treatment.
iii. A Transport Committee: to coordinate
relevant connectedness and compatibility of the two road systems and
other issues pertaining to transport.
iv. An
Environmental Committee: to deal with environmental issues affecting
the quality of life in the city, including solid waste management.
v.
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.
vi.
A Police and Emergency Services Committee: to coordinate measures for
the maintenance of public order and crime prevention and the provision
of emergency services;
vii. 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.
viii. 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
(a) 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.
(b) 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
(a) 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
(a) 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.
(b) 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;
(a) The state of Palestine , in accordance with clause a below.
(b) Areas in Israel being transferred to Palestine in the land swap,
following assumption of Palestinian sovereignty, in accordance with
clause a below.
(c) Third Countries, in accordance with clause b below.
(d) The state of Israel , in accordance with clause c below.
(e) Present Host countries, in accordance with clause d below.
i. 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.
ii. 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.
iii. 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.
iv. 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
(a) Refugees shall be compensated for the loss of property resulting
from their displacement.
(b) The aggregate sum of property compensation shall be
calculated as follows:
i. 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.
ii.
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.
iii. The Parties shall appoint experts to advise and
assist the Panel in its work.
iv. Within 6 months, the Panel shall submit its
estimates to the Parties.
v.
The Parties shall agree on an economic multiplier, to be applied to the
estimates, to reach a fair aggregate value of the property.
(c)
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 .
(d) Israel 's contribution shall be made in installments
in accordance with Schedule X.
(e)
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
(a) 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.
(b)
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)
(a) Mandate and Composition
i. An International Commission shall be established and shall have full
and exclusive responsibility for implementing all aspects of this
Agreement pertaining to refugees.
ii.
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.
iii. 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.
iv.
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.
(b) Structure
i. The Commission shall be governed by an Executive Board (Board)
composed of representatives of its members.
ii.
The Board shall be the highest authority in the Commission and shall
make the relevant policy decisions in accordance with this Agreement.
iii. The Board shall draw up the procedures governing
the work of the Commission in accordance with this Agreement.
iv.
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.
v. 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.
(c) Specific Committees
i. The Commission shall establish the Technical Committees specified
below.
ii. Unless otherwise specified in this Agreement, the
Board shall determine the structure and procedures of the Committees.
iii. The Parties may make submissions to the Committees
as deemed necessary.
iv.
The Committees shall establish mechanisms for resolution of disputes
arising from the interpretation or implementation of the provisions of
this Agreement relating to refugees.
v. The Committees shall function in accordance with this
Agreement, and shall render binding decisions accordingly.
vi.
Refugees shall have the right to appeal decisions affecting them
according to mechanisms established by this Agreement and detailed in
Annex X.
(d) Status-determination Committee:
i. The Status-determination Committee shall be responsible for
verifying refugee status.
ii. UNRWA registration shall be considered as rebuttable
presumption (prima facie proof) of refugee status.
(e) Compensation Committee:
i. The Compensation Committee shall be responsible for administering
the implementation of the compensation provisions.
ii. 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.
iii.
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.
(f) Host State Remuneration Committee:
There shall be remuneration for host states.
(g) Permanent Place of Residence Committee (PPR
Committee):
The PPR Committee shall,
i. Develop with all the relevant parties detailed programs regarding
the implementation of the PPR options pursuant to Article 7/4 above.
ii. Assist the applicants in making an informed choice
regarding PPR options.
iii.
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.
iv. 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.
v. Provide the applicants with the appropriate technical
and legal assistance.
vi. The PPR of Palestinian refugees shall be realized
within 5 years of the start of the International Commission's
operations.
(h) Refugeehood Fund Committee
The Refugeehood Fund Committee shall implement Article 7/10 as detailed
in Annex X.
(i) 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
(a) 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.
(b) The structure, composition and operation of the Fund
are set forth in Annex X.
13. UNRWA
(a) UNRWA should be phased out in each country in which it operates,
based on the end of refugee status in that country.
(b)
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
(a) 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.
(b)
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.
(c) The Parties may consider cross-community
cultural programs in order to promote the goals of conciliation in
relation to their respective histories.
(d) These
programs may include developing appropriate ways of commemorating those
villages and communities that existed prior to 1949.
Articles 8-17
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.
Article 10 - Sites of Religious Significance
1.
The Parties shall establish special arrangements to guarantee access to
agreed sites of religious significance, as will be detailed in Annex X.
These arrangements will apply, inter alia, to the Tomb of the
Patriarchs in Hebron and Rachel's Tomb in Bethlehem , and Nabi Samuel.
2. Access to and from the sites will be by way of
designated shuttle facilities from the relevant border crossing to the
sites.
3. The Parties shall agree on requirements and
procedures for granting licenses to authorized private shuttle
operators.
4. The shuttles and passengers will be subject to MF
inspection.
5. The shuttles will be escorted on their route between
the border crossing and the sites by the MF.
6. The shuttles shall be under the traffic regulations
and jurisdiction of the Party in whose territory they are traveling.
7. Arrangements for access to the sites on special days
and holidays are detailed in Annex X.
8. The Palestinian Tourist Police and the MF will be
present at these sites.
9. The Parties shall establish a joint body for the
religious administration of these sites.
10.
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. The Parties may call on the IVG to assist in this respect.
11. Israelis shall not use the shuttles as a means of
entering Palestine without the relevant documentation and
authorization.
12.
The Parties shall protect and preserve the sites of religious
significance listed in Annex X and shall facilitate visitation to the
cemeteries listed in Annex X.
Article 11 - Border Regime
1.
There shall be a border regime between the two states, with movement
between them subject to the domestic legal requirements of each and to
the provisions of this Agreement as detailed in Annex X.
2. Movement across the border shall only be through
designated border crossings.
3.
Procedures in border crossings shall be designed to facilitate strong
trade and economic ties, including labor movement between the Parties.
4.
Each Party shall each, in its respective territory, take the measures
it deems necessary to ensure that no persons, vehicles, or goods enter
the territory of the other illegally.
5. Special border arrangements in Jerusalem shall be in
accordance with Article 6 above.
Article 12 - Water: still to be completed
Article 13 - Economic Relations: still to be
completed
Article 14 - Legal Cooperation: still to be
completed
Article 15 - Palestinian Prisoners and Detainees
1. In the context of this Permanent Status Agreement between Israel and
Palestine, the end of conflict, cessation of all violence, and the
robust security arrangements set forth in this Agreement, all the
Palestinian and Arab prisoners detained in the framework of the
Israeli-Palestinian conflict prior to the date of signature of this
Agreement, DD/MM/2003, shall be released in accordance with the
categories set forth below and detailed in Annex X.
(a)
Category A: all persons imprisoned prior to the start of the
implementation of the Declaration of Principles on May 4, 1994 ,
administrative detainees, and minors, as well as women, and prisoners
in ill health shall be released immediately upon the entry into force
of this Agreement.
(b) Category B: all persons
imprisoned after May 4, 1994 and prior to the signature of this
Agreement shall be released no later than eighteen months from the
entry into force of this Agreement, except those specified in Category
C.
(c) Category C: Exceptional cases - persons whose
names are set forth in Annex X - shall be released in thirty months at
the end of the full implementation of the territorial aspects of this
Agreement set forth in Article 5/7/v.
Article 16 - Dispute Settlement Mechanism
1. Disputes related to the interpretation or application of this
Agreement shall be resolved by negotiations within a bilateral
framework to be convened by the High Steering Committee.
2.
If a dispute is not settled promptly by the above, either Party may
submit it to mediation and conciliation by the IVG mechanism in
accordance with Article 3.
3. Disputes which cannot be
settled by bilateral negotiation and/or the IVG mechanism shall be
settled by a mechanism of conciliation to be agreed upon by the
Parties.
4. Disputes which have not been resolved by
the above may be submitted by either Party to an arbitration panel.
Each Party shall nominate one member of the three-member arbitration
panel. The Parties shall select a third arbiter from the agreed list of
arbiters set forth in Annex X either by consensus or, in the case of
disagreement, by rotation.
Article 17 - Final Clauses
Including a final clause providing for a UNSCR/UNGAR resolution
endorsing the agreement and superceding the previous UN resolutions.
The English version of this text will be
considered authoritative.