TEXT OF THE MITCHELL REPORT

THE MITCHELL REPORT Report of the Sharm el-Sheikh Fact-Finding Committee

Full text of the report completed on April 30, 2001 and published on May 20, 2001

SUMMARY OF RECOMMENDATIONS

The Government of Israel (GOI) and the Palestinian Authority (PA) must act swiftly and decisively to halt the violence. Their immediate objectives then should be to rebuild confidence and resume negotiations.During this mission our aim has been to fulfil the mandate agreed at Sharm
el-Sheikh. We value the support given our work by the participants at the summit, and we commend the parties for their cooperation. Our principal recommendation is that they recommit themselves to the Sharm el-Sheikh spirit and that they implement the decisions made there in 1999 and 2000. We believe that the summit participants will support bold action by the parties to achieve these objectives.

The restoration of trust is essential, and the parties should take affirmative steps to this end. Given the high level of hostility and mistrust, the timing and sequence of these steps are obviously crucial. This can be decided only by the parties. We urge them to begin the process of decision immediately.

Accordingly, we recommend that steps be taken to:

END THE VIOLENCE
The GOI and the PA should reaffirm their commitment to existing agreements and undertakings and should immediately implement an unconditional cessation of violence.

The GOI and PA should immediately resume security cooperation.

REBUILD CONFIDENCE

The PA and GOI should work together to establish a meaningful "cooling off period" and implement additional confidence building measures, some of which were detailed in the October 2000 Sharm el-Sheikh Statement and some of which were offered by the U.S. on January 7, 2001 in Cairo (see
Recommendations section for further description).

The PA and GOI should resume their efforts to identify, condemn and discourage incitement in all its forms.

The PA should make clear through concrete action to Palestinians and Israelis alike that terrorism is reprehensible and unacceptable, and that the PA will make a 100 percent effort to prevent terrorist operations and to punish perpetrators. This effort should include immediate steps to apprehend and incarcerate terrorists operating within the PA's jurisdiction.

The GOI should freeze all settlement activity, including the "natural growth" of existing settlements.

The GOI should ensure that the IDF adopt and enforce policies and procedures encouraging non-lethal responses to unarmed demonstrators, with a view to minimizing casualties and friction between the two communities.

The PA should prevent gunmen from using Palestinian populated areas to fire upon Israeli populated areas and IDF positions. This tactic places civilians on both sides at unnecessary risk.

The GOI should lift closures, transfer to the PA all tax revenues owed, and permit Palestinians who had been employed in Israel to return to their jobs; and should ensure that security forces and settlers refrain from the destruction of homes and roads, as well as trees and other agricultural property in Palestinian areas. We acknowledge the GOI's position that actions of this nature have been taken for security reasons. Nevertheless, the economic effects will persist for years.

The PA should renew cooperation with Israeli security agencies to ensure, to the maximum extent possible, that Palestinian workers employed within Israel are fully vetted and free of connections to organizations and individuals engaged in terrorism.

The PA and GOI should consider a joint undertaking to preserve and protect holy places sacred to the traditions of Jews, Muslims, and Christians.

The GOI and PA should jointly endorse and support the work of Palestinian and Israeli non-governmental organizations involved in cross-community initiatives linking the two peoples.

RESUME NEGOTIATIONS

In the spirit of the Sharm el-Sheikh agreements and understandings of 1999 and 2000, we recommend that the parties meet to reaffirm their commitment to signed agreements and mutual understandings, and take corresponding action. This should be the basis for resuming full and meaningful negotiations. INTRODUCTION On October 17, 2000, at the conclusion of the Middle East Peace Summit at Sharm el-Sheikh, Egypt, the President of the United States spoke on behalf of the participants (the Government of Israel, the Palestinian Authority, the Governments of Egypt, Jordan, and the United States, the United Nations, and the European Union).

Among other things, the President stated that: The United States will develop with the Israelis and Palestinians, as well as in consultation with the United Nations Secretary General, a committee of fact-finding on the events of the past several weeks and how to prevent their recurrence. The committee's report will be shared by the U.S. President with the U.N. Secretary General and the parties prior to publication. A final report shall be submitted under the auspices of the U.S. President for publication.[1] On November 7, 2000, following consultations with the other participants, the President asked us to serve on what has come to be known as the Sharm el-Sheikh Fact-Finding Committee. In a letter to us on December 6, 2000, the President stated that: The purpose of the Summit, and of the agreement that ensued, was to end the violence, to prevent its recurrence, and to find a path back to the peace process. In its actions and mode of operation, therefore, the Committee should be guided by these overriding goals.. . [T]he Committee should strive to steer clear of any step that will intensify mutual blame and finger-pointing between the parties. As I noted in my previous letter, "the Committee should not become a divisive force or a focal point for blame and recrimination but rather should serve to forestall violence and confrontation and provide lessons for the future." This should not be a tribunal whose purpose is to determine the guilt or innocence of individuals or of the parties; rather, it should be a fact-finding committee whose purpose is to determine what happened and how to avoid it recurring in the future.[2]

After our first meeting, held before we visited the region, we urged an end to all violence. Our meetings and our observations during our subsequent visits to the region have intensified our convictions in this regard. Whatever the source, violence will not solve the problems of the region. It will only make them worse. Death and destruction will not bring peace, but will deepen the hatred and harden the resolve on both sides. There is only one way to peace, justice, and security in the Middle East, and that is through negotiation.

Despite their long history and close proximity, some Israelis and Palestinians seem not to fully appreciate each other's problems and concerns. Some Israelis appear not to comprehend the humiliation and frustration that Palestinians must endure every day as a result of living with the continuing effects of occupation, sustained by the presence of Israeli military forces and settlements in their midst, or the determination of the Palestinians to achieve independence and genuine self-determination. Some Palestinians appear not to comprehend the extent to which terrorism creates fear among the Israeli people and undermines their belief in the possibility of co-existence, or the determination of the GOI to do whatever is necessary to protect its people. Fear, hate, anger, and frustration have risen on both sides.

The greatest danger of all is that the culture of peace, nurtured over the previous decade, is being shattered. In its place there is a growing sense of futility and despair, and a growing resort to violence. Political leaders on both sides must act and speak decisively to reverse these dangerous trends; they must rekindle the desire and the drive for peace. That will be difficult. But it can be done and it must be done, for the alternative is unacceptable and should be unthinkable. Two proud peoples share a land and a destiny. Their competing claims and religious differences have led to a grinding, demoralizing, dehumanizing conflict. They can continue in conflict or they can negotiate to find a way to live side-by-side in peace. There is a record of achievement. In 1991 the first peace conference with Israelis and Palestinians took place in Madrid to achieve peace based on UN Security Council Resolutions 242 and 338. In 1993, the Palestine Liberation Organization (PLO) and Israel met in Oslo for the first face-to-face negotiations; they led to mutual recognition and the Declaration of Principles (signed by the parties in Washington, D.C. on September 13, 1993), which provided a road map to reach the destination agreed in Madrid. Since then, important steps have been taken in Cairo, in Washington, and elsewhere. Last year the parties came very close to a permanent settlement. So much has been achieved. So much is at risk. If the parties are to succeed in completing their journey to their common destination, agreed commitments must be implemented, international law respected, and human rights protected. We encourage them to return to negotiations, however difficult. It is the only path to peace, justice and security.

DISCUSSION

It is clear from their statements that the participants in the summit of last October hoped and intended that the outbreak of violence, then less than a month old, would soon end. The U.S. President's letters to us, asking that we make recommendations on how to prevent a recurrence of violence, reflect that intention. Yet the violence has not ended. It has worsened. Thus the overriding concern of those in the region with whom we spoke is to end the violence and to return to the process of shaping a sustainable peace. That is what we were told, and were asked to address, by Israelis and Palestinians alike. It was the message conveyed to us as well by President Mubarak of Egypt, King Abdullah of Jordan, and UN Secretary General Annan. Their concern must be ours.

If our report is to have effect, it must deal with the situation that exists, which is different from that envisaged by the summit participants. In this report, we will try to answer the questions assigned to us by the Sharm el-Sheikh summit: What happened? Why did it happen? In light of the current situation, however, we must elaborate on the third part of our mandate: How can the recurrence of violence be prevented? The relevance and impact of our work, in the end, will be measured by the recommendations we make concerning the following:

Ending the Violence.

Rebuilding Confidence.

Resuming Negotiations.

WHAT HAPPENED?

We are not a tribunal. We complied with the request that we not determine the guilt or innocence of individuals or of the parties. We did not have the power to compel the testimony of witnesses or the production of documents. Most of the information we received came from the parties and, understandably, it largely tended to support their arguments. in this part of our report, we do not attempt to chronicle all of the events from late September 2000 onward. Rather, we discuss only those that shed light on the underlying causes of violence.

In late September 2000, Israeli, Palestinian, and other officials received reports that Member of the Knesset (now Prime Minister) Ariel Sharon was planning a visit to the Haram al Sharif/Temple Mount in Jerusalem. Palestinian and U.S. officials urged then Prime Minister Ehud Barak to prohibit the visit.[3] Mr. Barak told us that he believed the visit was intended to be an internal political act directed against him by a political opponent, and he declined to prohibit it. Mr. Sharon made the visit on September28 accompanied by over 1,000 Israeli police officers. Although Israelis viewed the visit in an internal political context, Palestinians saw it as highly provocative to them. On the following day, in the same place, a large number of unarmed Palestinian demonstrators and a large Israeli police contingent confronted each other. According to the U.S. Department of State, "Palestinians held large demonstrations and threw stones at police in the vicinity of the Western Wall. Police used rubber-coated metal bullets and live ammunition to disperse the demonstrators, killing 4 persons and injuring about 200."[4] According to the GOI, 14 Israeli policemen were injured.[5] Similar demonstrations took place over the following several days.[6] Thus began what has become known