Geneva Initiative
October 12, 2003

Preamble
Article 1 - Purpose of the Permanent Status Agreement
Article 2 - Relations between the Parties
Article 3 - Implementation and Verification Group
Article 4 - Territory
Article 5 - Security
Article 6 - Jerusalem
Article 7 - Refugees
Article 8 - Israeli-Palestinian Cooperation Committee (IPCC)
Article 9 - Designated Road Use Arrangements
Article 10 - Sites of Religious Significance
Article 11 - Border Regime
Article 12 - Water
Article 13 - Economic Relations
Article 14 - Legal Cooperation
Article 15 - Palestinian Prisoners and Detainees
Article 16 - Dispute Settlement Mechanism
Article 17 - Final Clauses
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.
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. |
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.
| 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. |
| 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.
|
| 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. |
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. |
| 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. |
The Parties shall have their
mutually recognized capitals in the areas of Jerusalem under their respective
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.
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.
|
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. |
| 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. |
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. |
| 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.
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.
| 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.
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.
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.
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.
|
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 13 - Economic Relations
Article 14 - Legal Cooperation
These articles (12,13,14) relate to professional matters that are being dealt with by teams of
experts, upon completion of the work of these teams, they will be presented to the public.
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. |
| i. | 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. |
| ii. | 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. |
| iii. | 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.
Hebrew Translation
|