Prepared by Dr. Gershon Baskin


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. 

The ideas here are worthy of a wider discussion and we would be pleased to receive your feedback. It is clear that the document is an attempt to take into account the positions, interests, needs, fears and concerns of both sides. It, therefore, does not reflect the victory of one side over the over, but rather attempts to find middle ground that both sides can live with and that can serve as a basis for real peace.

I take responsibility for this document, yet it is important to indicate that I am not "married" to it and would warmly welcome constructive suggestions to change, modify and to improve the document. 

We believe that constructive suggestions could be helpful and we promise to bring to the negotiators on both sides any of those suggestions that could help lead to an agreement. 

Gershon Baskin
August 2000
 


 




PREAMPLE  
ARTICLE I: THE ESTABLISHMENT OF PEACE
ARTICLE II GENERAL PRINCIPLES
ARTICLE III BOUNDARIES
ARTICLE IV ISRAELI SETTLEMENTS
ARTICLE V
ARTICLE VI
REFUGEES
SECURITY ARRANGEMENTS
PALESTINIAN SOVEREIGN BORDERS WITH EGYPT AND JORDAN
DIPLOMATIC AND OTHER BILATERAL RELATIONS
ARTICLE X ECONOMIC RELATIONS
ARTICLE XI CULTURAL AND SCIENTIFIC AND EDUCATIONAL EXCHANGES
MUTUAL UNDERSTANDING AND GOOD NEIGHBORLY RELATIONS
COMBATING CRIME AND DRUGS
ARTICLE XIV RESOLUTION OF COMMERCIAL AND CIVIL DISPUTES
ARTICLE XV TRANSPORTATION AND ROADS
ARTICLE XVI
ENVIRONMENTAL COOPERATION AND PROTECTION
ARTICLE XVII



 

A Draft Final Status Proclamation

(Prepared by Dr. Gershon Baskin)

August 2000
PREAMBLE
We, Palestinians and Israelis:

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;
 
 

ARTICLE I
THE ESTABLISHMENT OF PEACE
 

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.
 
   

ARTICLE II
GENERAL PRINCIPLES

 

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. They recognize and will respect each other's sovereignty, territorial integrity, and political independence within the limitations specified within;
2. They recognize and will respect each other's right to live in peace within secure and recognized boundaries;
3. They will develop good neighborly relations of cooperation between them to ensure lasting security, will refrain from the threat or use of force against each other and will settle all disputes between them by peaceful means;
4. They respect and recognize the sovereignty, territorial integrity and political independence of every state in the region;
5. They respect and recognize the pivotal role of human development and dignity in regional and bilateral relationships;
6. They further believe that within their control, involuntary movements of persons in such a way as to adversely prejudice the security of either Party should not be permitted.
7. The Parties undertake to work as a matter of priority, and as soon as possible in the context of the Multilateral Working Group on Arms Control and Regional Security, and jointly, towards the following:
a. The creation in the Middle East of a region free from hostile alliances and coalitions;
b. The creation of a 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 the renunciation of the use of force, reconciliation and goodwill.
 

ARTICLE III
BOUNDARIES
 

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.
 

ARTICLE IV
ISRAELI SETTLEMENTS

 

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.
 

ARTICLE V
JERUSALEM
JERUSALEM BORDERS - OPEN CITY - TWO SOVEREIGNS

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.
 

ARTICLE VI
REFUGEES

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.

ARTICLE VII
SECURITY ARRANGEMENTS


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

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.
ARTICLE IX
DIPLOMATIC AND OTHER BILATERAL RELATIONS


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.


ARTICLE X
ECONOMIC RELATIONS

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.
 
ARTICLE XI
CULTURAL AND SCIENTIFIC AND EDUCATIONAL EXCHANGES


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.


ARTICLE XII
MUTUAL UNDERSTANDING AND GOOD NEIGHBORLY RELATIONS


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.

ARTICLE XIII
COMBATING CRIME AND DRUGS


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.

ARTICLE XIV
RESOLUTION OF COMMERCIAL AND CIVIL DISPUTES

 
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.

 

ARTICLE XV
TRANSPORTATION AND ROADS


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.
 

ARTICLE XVI
ENVIRONMENTAL COOPERATION AND PROTECTION

To be added



ARTICLE XVII
WATER

To be added