IPCRI Israel/Palestine Center for Research and Information Israeli-Palestinian Jerusalem Working Group Jerusalem in the Performance Based Road Map to a Permanent Two State Solution to the Israeli-Palestinian Conflict

On April 24-27, 2003 a group of Israelis and Palestinians participated in a workshop during which time a “Road Map for Jerusalem” was produced. This Road Map is directed to the Israeli Government, the PLO and the Members of the Quartet.  The authors of the document firmly believe that it is essential to include the issue of Jerusalem in the Quartet’s Road Map in order to ensure a greater possibility of success for peace.

The issues concerning the future of Jerusalem, its political status, its territory, its institution and its peoples, must be an integral part of the Road Map presented by the Quartet to the Government of Israel and the PLO. Including Jerusalem in the Road Map process is critical to the success of the entire process. Therefore, the main principles embodied within the Road Map must all apply to the issue of Jerusalem as well*, mainly that this is a performance based process with clearly determined benchmarks for implementation, that there will be international monitoring, verification, dispute resolution, and involvement in all phases of the process. It is our firm belief that although not articulated by the Road Map, the final status of Jerusalem as the capital of the State of Israel and the State of Palestine is imperative and should correlate to the implementation of all stages of the Road Map from the outset. Jerusalem is one urban domain with historic, religious and spiritual significance to all peoples of the world and especially to the Peoples of Israel and Palestine and Jerusalem should become a model of Israeli-Palestinian coexistence and a Holy City reflecting a culture of peace between the three monotheistic religions.

As an essential part of the Road Map, the elements relating to Jerusalem will be implemented in three phases:  (1) Ending terror and violence; normalizing Palestinian life, building Palestinian institutions, and a freeze on all new settlement activity Jerusalem; (2) Transition focused on the option of creating an independent Palestinian state with provisional borders; and (3) Permanent status agreements and end of the Israeli-Palestinian conflict. The time frame for the Jerusalem Road Map will be correlated to the time frame of implementation of the entire Road Map. 

The following is a set of guidelines for implementing the Road Map in Jerusalem delineated by the three phases.

 

The aim of this phase is to establish a coherent political process relating to Jerusalem in the framework of the Road Map; to de-escalate the situation in Jerusalem to the status quo ante of prior to September 28, 2000; to facilitate the reopening of closed Palestinian institutions in Jerusalem; to begin a process of Palestinian empowerment on specified municipal functions taking over services and receiving associated budgets required to provide those services.

During Phase I the following processes will take place:

• Both sides will refrain from provocative unilateral actions.
• Allowing access to Jerusalem from the West Bank and Gaza as existed prior to September 28, 2000.
• Ceasing unilateral actions that prejudice the permanent status of Jerusalem including:
  • A freeze on Israeli settlement building inside of Palestinian neighborhoods pending a resolution of property disputes and claims between Israelis and Palestinians.
  • A freeze on house demolitions in East Jerusalem and a freeze on such illegal construction that predisposes that outcome of the permanent status of Jerusalem.
  • Freezing the advancement of the new Jerusalem Master Plan.
  • Security stabilization to be accompanied by freezing the construction of the fence/security wall.
  • Restoration of Jerusalem Identity Cards to Jerusalemites who have had them confiscated by the Ministry of Interior.
  • Freezing unilateral archeological activities in areas of high sensitivity in the City.
• Creating means for Israeli-Palestinian security cooperation in Jerusalem.
• Immediate steps to be taken to improve and provide the services to the Palestinians in East Jerusalem by Israeli governmental bodies (especially by) the Ministry of Interior, National Insurance Institute, etc.
• Reopening all those Palestinian institutions that have been closed and ensuring their unfettered operation in accordance with the international undertakings of the parties.
• Encouraging and not impeding the development of private sector and civil society activities aimed at devolving political responsibilities from the Jerusalem municipality to collective Palestinian organs. 
• Taking steps to integrate East Jerusalem and Palestinian residents of East Jerusalem into Palestinian national elections including the mechanisms for improved international monitoring.
• The two parties will include within their unequivocal statements regarding mutual recognition and the two-state vision a commitment that Jerusalem will be the capitals of the States of Israel and Palestine.
• Providing for universal free access to Haram al Sharif/Temple Mount as it was prior to September 28, 2000.
• Guaranteeing the right of association of collective political Palestinian associations in East Jerusalem.
• Restoring emergency services in East Jerusalem as they were prior to 28 September 2000.
• Involvement of Palestinian communities in the restoration of law and order.
• Encouraging mutual confidence building measures by both sides aimed at enhancing peaceful coexistence.

 

The aim of this phase is to further the process of Palestinian empowerment in East Jerusalem; to advance capacity building for Palestinians in public administration of municipal governance; the assumption of additional municipal responsibilities and budgets by the Palestinians in East Jerusalem; and to conduct national elections for the Palestinian political national body that includes East Jerusalem.

During Phase II the following processes will take place:

• Clarification by the parties whereby the establishment of an independent Palestinian state with provisional borders anticipates the inclusion of Jerusalem.
• Furthering efforts to normalize Palestinian lives and institutions.
• Conducting Palestinian national elections based on the 1996 model, subject to the proper enforcement of the rules ensuring free access.
• Palestinian elected representatives being allowed to function within East Jerusalem including the establishment of offices in East Jerusalem.
• Continuation from Phase I of the assumption of municipal authorities and associated budgets including planning and construction of present and future building to allow the Palestinians to run their affairs in East Jerusalem.
• Attracting, mobilizing, and encouraging investment and donor support of international community funding for infrastructure projects and capital investment in East Jerusalem.
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The aim of this stage is to bring Jerusalem to its permanent status as two capitals for two States through negotiations with the assistance of the Quartet; to bring about a resolution to the permanent status of the Holy Places; to inaugurate the Palestinian Jerusalem municipality, to conduct elections for the Palestinian municipality; to create policing and security regimes for the City of Jerusalem; to satisfy and end all claims including property claims and disputes and to bring about an end to the Israeli-Palestinian conflict.

Quartet assisted negotiations will be held on the permanent status of Jerusalem based on the following principles:

• United Nations Security Council Resolution 242 applies to Jerusalem.
• Jerusalem is the shared capital for two States – Israel and Palestine.
• Sovereignty in Jerusalem will be divided into specific territorial areas while maintaining a principle of an “open city” in Jerusalem.
• Palestinian residents of East Jerusalem are entitled to full citizenship of the State of Palestine.

During Phase III the following processes will take place:

• Convening an international conference of experts on the future of Jerusalem.
• Further assumption and consolidation of municipal responsibilities and authorities to Palestinian bodies leading to the inauguration of a full Palestinian Jerusalem municipality.
• Creation of a liaison mechanism between the two Jerusalem municipalities.
• Creating a coordinated and mutually agreed policing regime in Jerusalem incorporating a Palestinian police force in Palestinian areas and possibilities for joint policing with the assistance of the international community in sensitive areas.
• Joint technical groups assisted by the International Community will be established to ensure the sustainability of the principles enumerated above.

The centrality of Jerusalem is key to ensuring the successful implementation of the Road Map and permanent status agreements.

* It is our belief that in order to ensure the success of the Road Map, similar Road Maps must be devised for the other main permanent status issues mainly the issues of refugees, borders and settlements.

 

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