REAFFIRM our determination to live in peaceful coexistence, mutual
dignity, and security, while recognizing the mutual legitimate and
political rights of both sides;
REAFFIRM our desire to achieve a just, lasting and comprehensive
peace settlement through the agreed political process;
REAFFIRM our adherence to the mutual recognition and commitments
expressed in the letters dated September 9, 1993, signed by and exchanged
between the Prime Minister of Israel and the Chairman of the PLO;
FOLLOWING the Agreement on the Gaza Strip and the Jericho Area as
signed at Cairo on May 4, 1994 (hereinafter "the Gaza-Jericho Agreement");
FOLLOWING the Israeli-Palestinian Interim Agreement on the West Bank
and the Gaza Strip as signed in Washington on September 28, 1995 (hereinafter
"the Taba Agreement")
REAFFIRM our understanding that the final status arrangements are
in accordance with the implementation of Security Council Resolutions
242 and 338;
1. The sides (Israel and the PLO) should sign a treaty for permanent
peace between the State of Israel and the PLO, representing the Palestinian
people, which will put an end to decades of confrontation and conflict,
recognize the mutual and legitimate political rights and to live in
peaceful coexistence and mutual dignity and security in a just, lasting
and comprehensive peace settlement.
2. With the signing of the Treaty for Permanent Peace, peace will
be established between the State of Israel and the PLO (the "Parties")
based upon the mutual recognition of the State of Israel and the to
be established State of Palestine. The establishment of the State
of Palestine will be effective from the exchange of the instruments
of ratification of this Declaration of Principles between the sides.
3. The Palestinian State will be established within recognized boundaries.
4. The Palestinian State will be demilitarized.
5. The Palestinian State will establish civilian police forces or
a national guard necessary for public order and for fighting crime.
6. Both Parties acknowledge that mutual understanding and cooperation
in security-related matters will form a significant part of their
relations and will further enhance the security of the region. Both
parties will take upon themselves to base their security relations
on mutual trust, advancement of joint interests and cooperation, and
to aim towards a regional framework of partnership in peace.
The Parties will apply between them the provisions of the Charter
of the United Nations and the principles of international law governing
relations among states in times of peace. In particular:
1. The boundaries of the State of Palestine and the State of Israel
will be based upon UN Resolution 242.
2. Boundary modifications will be adopted that will allow for the
incorporation of 80% of the Israeli settlers within the State of
Israel accounting to approximately 6% of the West Bank.
3. A territorial exchange of land will be agreed upon in exchange
for the territories that are incorporated into Israel.
4. A territorial land (or above land) corridor will be constructed
to link the West Bank and Gaza and to provide for direct contiguous
Palestinian sovereignty between the two areas.
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ARTICLE IV
ISRAELI SETTLEMENTS
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1. The Israeli settlements in the Gaza Strip will be vacated by Israel.
2. Those settlers who choose to remain in settlements the West
Bank within the Palestinian state will be given the choice to remain
under Palestinian sovereignty or to relocate within the State of
Israel. Those choosing to remain acknowledge that they will be living
under Palestinian sovereignty and must abide by the laws and jurisdiction
of the State of Palestine. Those settlers who choose to remain under
Palestinian sovereignty will be granted Palestinian citizenship
including the right to vote and to be elected in Palestinian institutions.
The State of Israel will offer those Israeli settlers who choose
to vacate their settlement fair compensation for their property.
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ARTICLE
V
JERUSALEM JERUSALEM
BORDERS - OPEN CITY - TWO SOVEREIGNS
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BASIC PRINCIPLES
1. Jerusalem is the most important city for both the Jewish and
Palestinian peoples in terms of its significance for the development
of their national identity.
2. A political solution for Jerusalem must guarantee that the city
will be open and physically undivided.
3. It is agreed that it is necessary to preserve the unique character
of the city, especially as concerns the spiritual and religious
interests of the world's three great monotheistic faiths, Christianity,
Islam, and Judaism.
4. It is agreed that there is a need for effective cooperation
if the city is to realize its full potential. Such cooperation and
interaction will take place in the spheres of trade, commerce, environmental
protection, water, transportation, infrastructure planning, construction
and maintenance, and cultural and social relations between the two
communities.
5. It is agreed to cooperate to assure full guarantees of free
access to, and freedom of worship, at the Holy Places, sites and
religious buildings in the city, not only for Israelis and Palestinians,
but also for the nationals of all members of the international community.
SOVEREIGNTY
1. Israel will retain sovereignty over the borders of (West) Jerusalem
prior to June 4, 1967.
2. The State of Palestine will have sovereignty over the entire
areas of (East) Jerusalem according to the borders of June 4, 1967.
3. The State of Palestine agrees to relinquish its sovereignty
over the Israeli neighborhoods constructed after June 4, 1967 within
the municipal boundaries (Ramat Eshkol, French Hill, Ramot, Pisgat
Zeev, Givat Hamivtar, Ramat Shlomo, East Talpiot, and Gilo).
4. The State of Palestine agrees to relinquish its sovereignty
over the Jewish Quarter of the Old City and the Western Wall and
the Dung Gate to the Old City.
5. The sovereignty of the other three quarters of the Old City
will be vested in the authority of the State of Palestine.
6. The complete administrative duties on the Haram al Sharif/Temple
Mount Complex will be placed in the hands of the Islamic Waqf. The
Islamic Waqf will agree to freeze all building on the Haram al Sharif/Temple
Mount Complex except for regular and necessary maintenance. The
Islamic Waqf will also agree to refrain from all excavations on
the Haram al Sharif/Temple Mount Complex except if mutual agreement
is secured from both parties.
THE OLD CITY
1. The residents of the Old City will participate in the establishment
of a residents' council that will be granted certain planning and
coordination responsibilities to be determined in greater detail.
2. The Old City of Jerusalem shall be a tax-free zone both in order
to avoid conflicts over tax revenues and to encourage economic development
within the Old City Walls.
THE HOLY PLACES
A law will be enacted by both the Israeli and the Palestinian parliaments
that will include the following principles:
1. Existing rights in respect of Holy Places and religious buildings
or sites shall not be denied or impaired.
2. Free access to the Holy Places and religious buildings or sites
and the free exercise of worship shall be secured in conformity
with existing rights and subject to the requirements of public order
and decorum.
3. Holy Places and religious buildings or sites shall be preserved.
No act shall be permitted which may in any way impair their sacred
character.
4. No taxation shall be levied in respect of any Holy Place, religious
building or site. No change in the incidence of taxation shall be
made which would either discriminate between the owners or occupiers
of Holy Places, religious buildings or sites.
5. The Governments of Israel and Palestine will guarantee the protection
of the Holy Places, religious buildings and sites located in the
City of Jerusalem.
6. The right to worship in a Holy Place does not imply the right
to claim ownership.
7. The right of individual worship does not imply or guarantee
the right of collective worship. The regulations prevailing in 2000
concerning collective worship will be maintained.
FOREIGN EMBASSIES
Foreign governments will be invited to move their embassies to
Jerusalem. The Embassies can locate anywhere within the area of
Jerusalem and will be granted diplomatic status in accordance with
International Diplomatic Protocol. The Foreign governments will
be encouraged to have their embassies in Jerusalem serve their diplomatic
credentials to the State of Israel and to the State of Palestine.
1. The Parties recognize the validity of UNGA Resolution 194.
2. An international body will be established to provide international
support for the resettlement of refugees, for the construction of
homes, and for the development of employment opportunities for refugees.
3. The International body will also allocate funds for those countries
that have hosted refugees since 1948.
4. The international body will allocate funds to individuals as
well as to States.
5. Refugees will be granted the opportunity to choose between the
following options:
a. Return and (re)settlement within the State of Palestine.
b. Remaining within the host country and receiving (or
retaining) citizenship of the host country.
c. Applying for resettlement and receiving citizenship
of other countries.
d. Applying for resettlement and citizenship within the
State of Israel.
6. Following the final determination of the choice of the refugees,
representatives of Palestine, Israel and other countries willing to
absorb refugees will convene to work out mechanisms for the best implementation
of the requests of the refugees. There is no prior commitment by any
of the parties to absorb all of those refugees who choose to relocate
in any of the countries selected by the refugees, yet, with the signing
of the Peace Treaty, the sides obligate themselves to act in good
faith and to assume the maximal responsibility for cooperating with
the international body in the absorption of all of the refugees and
putting a final positive conclusion to the plight of the Palestinian
refugees.
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ARTICLE
VII
SECURITY ARRANGEMENTS
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The Parties will undertake the following:
1. To refrain from the threat or use of force or weapons, conventional,
non-conventional or of any other kind, against each other, or of
other actions or activities that adversely affect the security of
the other Party;
2. To refrain from organizing, instigating, inciting, assisting
or participating in acts or threats of belligerency, hostility,
subversion or violence against the other Party;
3. To take necessary and effective measures to ensure that acts
or threats of belligerency, hostility, subversion or violence against
the other Party do not originate from, and are not committed within,
or through their territory.
4. Consistent with the era of peace and with the efforts to build
regional security and to avoid and prevent aggression and violence,
the Parties further agree to refrain from the following:
a. Joining or in any way assisting, promoting or cooperating
with any coalition, organization or alliance with a military or
security character with a third party, the objectives or activities
of which include launching aggression or other acts of military
hostility against the other Party, in contravention of the provisions
the peace treaty.
b. Allowing the entry, stationing and operating on their
territory, or through it, of military forces, personnel, or material
of a third party, in circumstances that may adversely prejudice
the security of the other Party.
5. Both Parties will take necessary and effective measures, and will
cooperate in combating terrorism of all kinds. The Parties undertake:
a. To take necessary and effective measures to prevent
acts of terrorism, subversion, or violence from being carried out
from their territory or through it and to take necessary and effective
measures to combat such activities and all their perpetrators.
b. Without prejudice to the basic rights of freedom of
expression and association, to take necessary and effective measures
to prevent the entry, presence and cooperation in their territory
of any group or organization, and their infrastructure, which threatens
the security of the other Party by the use of or incitement to the
use of, violent means.
c. To cooperate in preventing and combating cross-boundary
infiltrations.
6. A multi-national observer force (MNOF) will be established for
a period of not less than five year and may be renewed based upon
the agreement of both parties or by the request of one of the parties.
The MNOF will be composed of forces from a list of agreed on countries.
The MNOF will be stationed in territories of the Palestinian state.
The MNOF will be composed of no less than 1,000 observers. The mandate
of the MNOF will be to verify full compliance by the sides of the
security related clauses of the Final Peace Treaty. For that purpose
the MNOF will be granted unrestricted free movement throughout the
territories of the Palestinian state and of Israel, including entrance
into all port areas, and entrance into industrial zones and factories.
The Joint Command of the MNOF will issue monthly reports to the Government
of Israel, the Government of Palestine and the Governments of all
of the forces that make up the MNOF.
7. The parties agree to the establishment of a joint Israeli-Palestinian
peace keeping force that will work under a joint command of the
two States. The Joint Peace Keeping Force (JPKF) will be set up
as follows:
a. All of the mechanisms of the force will be joint (and
not two separate bodies working together)
b. The Force will be commanded by two officers with the
rank of General.
c. The sides could agree to the presence of a senior US
Officer as an observer to the senior command of the JPKF.
d. All of the command bodies of the force will be located
in joint headquarters.
e. All joint patrols will take place in the same vehicle
(not separate vehicles as the joint patrols have worked during the
interim period). The joint patrols will patrol along the borders,
on both sides of the two States.
f. The JPKF will be funded jointly by both parties on
an equal basis.
ARTICLE VIII
PALESTINIAN SOVEREIGN BORDERS WITH EGYPT AND JORDAN
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1. The State of Palestine will have a sovereign crossing points
with the Hashemite Kingdom of Jordan.
2. The State of Palestine will have a sovereign crossing point
with the Arab Republic of Egypt at Rafah.
3. The State of Palestine will have a sovereign sea port in Gaza.
4. The State of Palestine will have sovereign control of the Gaza
International airport and the Jerusalem airport in Kalandia.
5. It is agreed that for a period of not less than 10 years from
the signing of this agreement, the above-mentioned crossing points
will be monitored by a Multinational Force headed by a commander
of the rank no less than Colonel in the U.S. Military. The Multinational
Force will be composed of a contingent of forces from the U.S.,
Canada, and the EU (contingent on those country's' approval).
a. The MNF will be responsible for insuring that non-approved
imports of military hardware or the raw materials for the production
of military hardware will not enter the territories of the State
of Palestine.
b. The MNF will document the entry of new immigrants to
the State of Palestine.
c. The MNF will document the entry into Palestine of citizens
of countries that are still in a state of war with the State of
Israel.
d. The MNF will report on the findings of sub-paragraphs
a, b, & c to a responsible functionary of the State of Palestine
and the State of Israel. Identical reports will be filed by the
MNF commander on a daily basis to both sides. In the event of the
discovery of imported military hardware and/or the raw materials
or suspected raw materials for the production of such hardware,
the MNF will prevent the release of such goods from the port areas
until at such time that verification can be made that the goods
are not being imported for the purpose of military hardware production
of in violation of the agreements between the sides.
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ARTICLE
IX
DIPLOMATIC AND OTHER BILATERAL RELATIONS
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1. The Parties agree to establish full diplomatic and consular relations
and to exchange resident ambassadors within one month of the exchange
of the instruments of ratification of the Final Peace Treaty.
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ARTICLE
X
ECONOMIC RELATIONS
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1. Viewing economic development and prosperity as pillars of peace,
security and harmonious relations between states, peoples and individual
human beings, the Parties, taking note of understandings reached between
them, affirm their mutual desire to promote economic cooperation between
them, as well as within the framework of wider regional economic cooperation.
2. In order to accomplish this goal, the Parties agree to the following:
To remove all discriminatory barriers to normal economic relations,
to terminate economic boycotts directed at each other, and to cooperate
in terminating boycotts against either Party by third parties;
a. Recognizing that the principle of free and unimpeded
flow of goods, labor and services should guide their relations,
the Parties will enter into negotiations with a view to concluding
agreements on economic cooperation, including trade and the establishment
of a free trade area, investment, banking, industrial cooperation
and labor, for the purpose of promoting beneficial economic relations,
based on principles to be agreed upon, as well as on human development
considerations on a regional basis. These negotiations will be concluded
no later than 6 months from the exchange the instruments of ratification
of the Final Peace Treaty.
b. to cooperate bilaterally, as well as in multilateral
forums, towards the promotion of their respective economies and
of their neighborly economic relations with other regional parties.
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ARTICLE
XI
CULTURAL AND SCIENTIFIC AND EDUCATIONAL EXCHANGES
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The Parties, wishing to remove biases developed
through periods of conflict, recognize the desirability of cultural
and scientific exchanges in all fields, and agree to establish normal
cultural relations between them. Thus, they shall, as soon as possible
and not later than 9 months from the exchange of the instruments
of ratification of the Final Peace Treaty, conclude the negotiations
on cultural and scientific agreements. Both sides will cooperate
with each other in the adoption of educational curricula on peace
education that will be implemented in schools in both States including
youth and teachers' encounters.
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ARTICLE
XII
MUTUAL UNDERSTANDING AND GOOD NEIGHBORLY RELATIONS
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1. The Parties will seek to foster mutual understanding and tolerance
based on shared historic values, and accordingly undertake:
a. To abstain from hostile or discriminatory propaganda
against each other, and to take all possible legal and administrative
measures to prevent the dissemination of such propaganda by any
organization or individual present in the territory of either Party;
b. As soon as possible, and not later than 3 months from
the exchange of the instruments of ratification of the Final Peace
Treaty, to repeal all adverse or discriminatory references and expressions
of hostility in their respective legislation;
c. To refrain in all government publications from any
such references or expressions;
d. To ensure mutual enjoyment by each other's citizens
of due process of law within their respective legal systems and
before their courts.
2. Paragraph 1 (a) of this Article is without prejudice to the right
to freedom of expression as contained in the International Covenant
on Civil and Political Rights.
3. A joint committee shall be formed to examine incidents where
one Party claims there has been a violation of this Article.
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ARTICLE
XIII
COMBATING CRIME AND DRUGS
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The Parties will cooperate in combating crime, with an emphasis on
smuggling, counterfeiting and car theft. The parties will take all
necessary measures to combat and prevent such activities as well as
the production of and trafficking in illicit drugs, and will bring
to trial perpetrators of such acts.
Each side will enjoy the full jurisdiction of law to apprehend,
accuse, try and sentence offenders of laws of each state. An extradition
treaty between the sides will be signed so that the expedient transfer
of criminals can be implemented. Furthermore, the sides agree that
convicted criminals may serve their sentence in prison within their
own national territory according to agreed rules of parole and prison
holidays.
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ARTICLE
XIV
RESOLUTION OF COMMERCIAL AND CIVIL DISPUTES
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The parties agree to establish a joint legal framework for the resolution
of commercial and civil disputes between Israeli and Palestinian citizens.
The mechanism will adopt Alternative Dispute Resolution (ADR) means
such as mediation and arbitration in order to avoid the need for formal
litigation in the court systems of one of the two States. Both sides
shall adopt legislation recognizing the legitimacy and the enforceability
of mediation agreements sign by disputants or of arbitration decisions
taken by the ADR bodies empowered to reach such decisions on the basis
of agreements of the disputants to enter into the arbitration process.
In the event that disputants refuse to enter into ADR mechanism
the place of litigation will be determined on the basis of the location
of the breach of contract and the two States will not interfere
in the decision making process of the respective judicial system
or the mechanism for the enforcement of court decisions in civil
disputes.
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ARTICLE
XV
TRANSPORTATION AND ROADS
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The Parties recognize the mutuality of interests in good neighborly
relations in the area of transportation and agree to the following
means to promote relations between them in this sphere:
1. Each party will permit the free movement of nationals and vehicles
of the other into and within its territory according to the general
rules applicable to nationals and vehicles of other states. Neither
party will impose discriminatory taxes or restrictions on the free
movement of persons and vehicles from its territory to the territory
of the other.
2. The Parties will open and maintain roads and border-crossings
between their countries and will consider further road and rail
links between them.
3. The Parties will continue their negotiations concerning mutual
transportation agreements in the above and other areas, such as
joint projects, traffic safety, transport standards and norms, licensing
of vehicles, land passages, shipment of goods and cargo, and meteorology,
to be concluded not later than 6 months from the exchange of the
instruments of ratification of this Treaty.
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ARTICLE
XVI
ENVIRONMENTAL COOPERATION AND PROTECTION
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To be added
To be added
Here
is a model draft proclamation of peace that I have been working on
for several months. The ideas are drawn mainly from hundreds of hours
of discussions that IPCRI has held with many Israeli and Palestinian
politicians, officials, academics and others. The ideas here do not
obligate anyone and no one has signed this document. I am presenting
it here after distributing it amongst the Israeli and Palestinian
negotiators and after receiving some positive feedback from them.
